UPDATE: Family of seized pet seeks legal action
A Milton couple at the center of the dog-biting controversy in Sussex County had their day in court Tuesday.
Legal proceedings for Jake and Nancy Smith ended what started back in March, when their dog Millie got loose from her leash and reportedly bit another dog in their neighborhood.
The two charges against Mr. Smith which included harboring a dangerous animal and hindering prosecution were dropped. For Mrs. Smith, the charge of harboring a dangerous animal were also dropped but she pleaded guilty to failing to maintain a dog on a leash. The verdict means she will have to pay 100 dollars and be on probation for three months.
“But what I want to know, is why were we sought out?” Asks Mrs. Smith, “Why us? The Smiths? Why Millie?”
Despite the verdict, Mr. Smith tells 47 ABC he and his wife are preparing to start a new legal battle with those who took Millie four days after the biting incident.
“To those who denied us of our constitutional rights, our property rights and for those who publicly embarrassed us, slandered us, lied about us and caused us physical and emotional pain and to those who decided to bear false witnesses against us, we will pursue all legal action in the coming months.” Says Mr. Smith.
Under Delaware law, a dog that bites another dog must be quarantined for ten days for testing which is why Delaware Animal Care and Control showed up at the Smith home on March 20 to take the Jack Russell Terrier mix.
The couple claims their rights were violated since their request to have an attorney present was apparently denied.
47 ABC reached out to Animal Control about the allegations on Tuesday. Captain Sherri Warburton tells us Millie was found to be “potentially dangerous” by the Delaware Dog Control Panel back in April but as far as the violation of rights, she says her agency did not overstep their boundaries.
“Whenever a dog-bite occurs in Delaware, we investigate it. They [the Smiths] were not targeted,” Says Captain Warburton. “We followed the law to the letter of the law and there was a conviction today, plus there was a conviction by the Delaware Dog Control Panel so I think that speaks for itself.”
Mr. Smith tells 47 ABC, every legal remedy is on the table for the Milton couple.
“All Delawareans should be scared that this could happen to them if this problem is not rectified.” He says.
47 ABC also reached out to the executive director of the First State Animal Center. We’re still waiting for a response.
