#BREAKING #FORIMMEDIATERELEASE #ColoradoSprings #Colorado #Justice #2014M4265 Press Release just sent to media: FOR IMMEDIATE RELEASE Contact: Juliet Piccone, Juliet@thepicconelawfirm 720-535-6246 ANIMAL LOVERS TO SUPPORT LOCAL VETERAN AT CANDLELIGHT VIGIL PRIOR TO TRIAL IN CASE 2014M4265 Colorado Springs, CO, December 8, 2014 – Members of the local community will hold a candlelight vigil at Acacia Park, corner of N. Tejon and Bijou at 6:30 p.m. on Monday December 8, 2014 (by the Wilbur Fountain) to show support for the Payne family whose family dog Buddah is facing the death penalty for an incident involving the death of a neighbors unleashed dog. Supporters will also pay respects to the Paynes other dog Chleo who has already been destroyed by HSPPR and the neighbors dog Mitzy who died after encountering the two larger, leashed dogs in the Paynes neighborhood during a walk. In less than 48 hours, nearly 5,000 people have signed an online petition asking DA Dan May to spare Buddahs life. https://change.org/p/dan-may-spare-buddah-the-dog-s-life On July 7, 2014 an incident occurred in the Sierra Springs neighborhood in which the Defendant and his wife were walking their two dogs, Buddah and Chelo (who HSPPR has identified as pit bull mixes), on leash with their two young girls. As they rounded a corner near the community mailboxes and approached the back of neighbor Martha Reeds unit, an altercation took place between Buddah, Chelo and Mrs. Reeds unleashed small breed dog Mitzy. There is a factual dispute as to how the altercation occurred, whether Mitzy was on her owners property or not when the altercation began. Mitzy was mortally injured and died. The Paynes were apologetic and offered to assist with vet bills, even though they did not believe they were legally responsible for the occurrence. On July 13, 2014, after being contacted by the deceased dogs owner multiple times, HSPPR issued two citations to medically retired army corporal David Payne (who served in Iraq), for violation of C.R.S. §18-9-204.5 (the dangerous dog statute) and impounded both Buddah and Chleo, with a demand for payment of $1200.00 ($600 per dog per month) by July 23, 2014 or both dogs would be destroyed. A magistrate refused to allow the dogs to be released pending resolution of the case (which is 2014M4265). The Paynes were only able to afford to pay for one dog, so Chleo was destroyed on July 25, 2014. They have paid $600 per month since then to keep Buddah alive. Mr. Paynes trial is scheduled to occur on December 9, 2014 at 8:30 a.m. in Division J, Courtroom 270. However, there are about 20 other cases also scheduled for the same date and time so the case could be continued and Buddah impounded at $600 per month for even longer (it will be five months on December 13). Buddah was recently assessed by a certified dog behaviorist, and the behaviorist has opined that Buddah needs training, to be neutered and to wear a muzzle on walks, but that he does not need to be destroyed. The D.A. will not entertain any plea bargain that does not include Buddahs destruction. This decision is strange given the recent dismissal of identical charges against assistant DA Joe Maher in case 13M4066 in which Mahers unleashed dog had a violent physical altercation with a leashed service dog, which ultimately had to be put down. DA Mahers dog was never impounded and the victim was forced to go through mediation with the DAs neighborhood services program. When mediation failed the special prosecutor apparently decided to drop the charges, the reasoning of which is not clear but that suggest preferential treatment of the Defendant. The Payne family has no choice but to go to trial with the defense that Mitzys owner is at fault and caused the incident by running up to the leashed dogs while she was off leash in violation of Colorado Springs law. No one ever wants to blame the victim, but the DA has left no choice and that is the defense allowed by law. Please see the Facebook page https://facebook/SaveBuddahTheGentlePit for more information on how to help the Payne family. # # # If you would like more information about this topic, please contact Juliet Piccone at 720-535-6246 or email at juliet@thepicconelawfirm .
Posted on: Mon, 08 Dec 2014 03:52:09 +0000
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