Animal Control takes Milton dog; owners face criminal charges

It’s been an emotional roller coaster for the Smith Family.
Their dog, Millie, is now in the hands of the Kent County SPCA. It’s her first time away from home in four years, and the Milton couple is terrified it may be for good.
“She’s a member of our family, from the time we’ve had this house we’ve had Millie,” says Nancy Smith.
47 ABC first learned of the incident after hearing Jake Smith, who works at 105.9 News Talk, tell his story on Thursday’s morning radio show.
Back on March 16th, Nancy says she was walking Millie, a Jack Russell Terrier mixed with beagle. While walking by her neighbor’s house, Millie reportedly spotted their Yorkie, got loose from her leash, and bit the Yorkie.
The couple says Millie was always nervous walking by the home because of an alleged attack back in 2012 involving a dog that was a relative of the neighbors, but also a Yorkie. Still, the Smith’s say they met the neighbors to apologize, paid for the Yorkie’s medical bills, and thought they could move on.
Four days later, Animal Control showed up at their doorsteps.
“We thought everything was fine,” says Jake Smith. “I told them they were getting involved in a neighbor dispute, I told them that repeatedly.”
Under Delaware law, a dog that bites another dog must be quarantined for ten days for testing. Animal Control asked the couple to sign papers, but their attorney advised them not to, and to request a search warrant.
“Millie greeted those strange officers and a state trooper at the door with love and affection,” says Nancy. “She licked them, she wagged her tail, this is not a dangerous dog.”
It’s now up to a Dangerous Dog Panel to determine if Millie is safe. The Smith’s filed a lawsuit with Kent County Superior Court to get her back in the meantime, but because Millie is considered evidence, she has to be held until the hearing. The Kent County SPCA says they do not expect the hearing to happen until at least April 18th.
“It’s not a light matter if the dog is brought before a dangerous dog panel because ultimately a dog can be ordered euthanized,” says Kevin Usilton, executive director of the Kent County SPCA.
47 ABC stopped by the neighbor’s home to ask them about the incident, but they refused to comment on the situation.
The Smith’s had to turn themselves into Delaware State Police on Thursday evening to be finger-printed, arrested, and charged. Jake is facing charges of possession of a dangerous dog and hindering prosecution. Nancy is facing possession of a dangerous dog and failure to maintain a dog on a leash.
They are making sure that all Delaware residents know that anyone can be in their shoes.
“We don’t even know what kind of condition he she’s in,” says Jake. “We are going to defend our rights, we are going to defend Millie’s.”