Judge Throws Out The Case Against Christopher Comins

Judge Throws Out The Case!

January 12, 2011 Judge Dismisses Case Again Christopher Comins

Judge Throws Out The Case!

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Immediate News Release

Wednesday, January 12th, 2011

Orlando, Florida

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Wednesday, after a long two and a half year battle to defend his actions, Christopher Comins was acquitted of all charges.  Just before noon in the Orange County, Florida Courthouse, Judge Bob LeBlanc handed down his ruling after the Prosecution presented all of their witnesses and rested their case.

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Chris’s attorney, Chandler Muller made a Motion to Dismiss. After further debate, the Judge handed down his judgment based on the failure of the State to present a case for animal abuse.  “He (Chris) was asked to shoot the dogs (by the cattle and land owners).  He did not go into the field to abuse animals. You have failed to prove otherwise”,   Judge LeBlanc told the Prosecution. He further stated, “This was not someone who was torturing an animal”.

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It wasn’t until the May 19th, 2008 video hit the internet that the event was “noticed” by opportunist. No charges were brought the day of the incident or even after the original investigation by Ag Corporal Walker. It was only after his case concluded that Chris “acted within the legal scope of the law”, that it was suddenly snatched out of his hands and turned over to another investigator. The second Ag investigator, after an intense three month investigation, came to the conclusion that Chris would be charged with one count of misdemeanor animal abuse charges.

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Then, suddenly and without notice to the investigator, the one charge would be upgraded to two felony animal abuse counts. Chris was arrested at his home, Thanksgiving morning 2008.

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Friends and those who looked beyond the garbage and lies posted on the internet, knew the facts of the case. We stood by Chris throughout this most difficult time for him and his family.

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Chris acted within the law that day. He did not want to go out into the field. He is not a hunter and had never before even shot at an animal. After he found out that what he believed to be wolves, turned out to be dogs and that the dogs actually belonged to someone, Chris was heartbroken.  He has owned dogs all his life. He like most people that day believed that the dogs were wolves. But whether they were wolves, dogs or coyotes, he did what he believed to be right.

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The ordeal lasted over two and a half years. The Defense did not waiver.  During a status hearing in April 2009, the Prosecution offered Chris a plea bargain- cut the two felony counts to two misdemeanors, with restrictions.  Chris and his council rejected the deal.

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Just prior to the trial, after witnesses were interviewed, the Prosecution offered yet another plea deal- drop the charges to one misdemeanor count, with restrictions. Once again, Chris rejected the offer.  The Defense wanted all charges dropped and Chris’s name completely cleared. Wednesday the law agreed.

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Judge LeBlanc ended the trial with, “I believe the state has not proven it’s burden in this case and I’m granting a Judgement of Acquittal.  This case is dismissed.”

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We wish to thank all the people who have sought the facts in this case and stood by our friends’ side. We are thankful that the truth finally won out.

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(The dogs are both alive and living with their owner in England.)

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767.03  Good defense for killing dog.

In any action for damages or of a criminal prosecution against any person for killing or injuring a dog, satisfactory proof that said dog had been or was killing any animal included in the definitions of “domestic animal” and “livestock” as provided by s. 585.01 shall constitute a good defense to either of such actions.History.–s. 1, ch. 4978, 1901; GS 3144; RGS 4959; CGL 7046; s. 1, ch. 79-315; s. 2, ch. 94-339.

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Last modified: March 26, 2010

News Articles

WDBO News

Judge Throws Out Case Against Dog Shooter
http://wdbo.com/localnews/2011/01/judge-throws-out-case-against.html

WFTV

Man Who Shot 2 Dogs Cleared Of All Charges
http://www.wftv.com/news/26466026/detail.html

Orlando Sentinel

Judge Orders Acquittal In Dog Shooting Case
http://articles.orlandosentinel.com/2011-01-12/news/os-shooting-dogs-trial-day-two-20110111_1_dog-owner-dogs-shot-christopher-comins

Orlando Sentinel

Orange County Man Acquitted In Shootings
http://articles.orlandosentinel.com/2011-01-12/news/os-dogs-shooting-man-acquitted-20110112_1_siberian-huskies-christopher-comins-orange-county-man

Trading Charts

Man Acquitted In Siberian Huskies Shooting
http://news.tradingcharts.com/futures/4/9/151499994.html

Fox 8 News Cleveland

Orange County Man Acquitted In Shootings Of Siberian Huskies

http://www.fox8.com/topic/os-dogs-shooting-man-acquitted-20110112,0,1416683,print.story

Chicago Tribune
http://www.chicagotribune.com/topic/os-dogs-shooting-man-acquitted-20110112,0,4151983,print.story

AllVoices
http://www.allvoices.com/news/7868569-orange-circuit-judge-acquits-man-in-siberian-huskies-shooting

WFTV
Testimony Continues In Dog Shooting Trial
January 11, 2011

http://www.wftv.com/countybycounty/26455271/detail.html

Dog Owner Responsibilities

“Owning a dog is not just a privilege- it’s a responsibility” – The American Kennel Club

“You, the owner, have a very important responsibility to be aware of the traits common in the breed you have chosen to live with.” – The International Association of Canine Professionals

Anyone having a dog needs to be aware of the breeds’ characteristics. Once you acquire a dog, you become responsible for that dogs actions. No one can imagine that THEIR dog would ever attack a person or another animal, yet every year beloved animals not only attack children, adults and other animals, but turn on their owners as well.

Coral Springs Florida – Dog kills 30 year old woman

http://www.nbc6.net/news/9713051/detail.html

Deltona Florida – Dog kills visiting sister, then turns on owner

http://www.wesh.com/news/13595682/detail.html

Indiana – 1 year old dog kills owner

http://www.usatoday.com/news/nation/2007-06-18-dogkillswoman_N.htm

 

Mr. Butler was fully aware that his dogs ran off, yet he refused to do anything about it. That negligence resulted in the shooting of his dogs on May the 19th. With the history of Huskies and their prey drive, which many times result in the killing of infants and children, Mr. Butler is very lucky that the outcome of his dogs on that day in May didn’t result in something far more tragic.

Husky Breed Characteristics Include A Strong Prey Drive

Husky breed characteristics include escaping confinements, they are extremely energetic with a great desire to run, they have an independent demeanor and most notably they have a high prey drive – namely the potential for attacking small children and chasing and killing livestock. They tend to be aggressive to small children and animals. 

Prey drive-

http://www.dogpro.org/index.php?pageID=63

http://bikejor.blogspot.com/2007/12/stalker.html

http://www.rescueeverydog.org/husky_breed.html

http://www.thedogsbone.com/articles/38/1/Siberian-Husky-Dogs—Born-To-Run/Page1.html

Butlers neglect could have turned out much worse that day.

Butler’s dogs were on the loose so many times, he became accustom to waiting on neighbors to call him so he could locate and retrieve his animals. (*He said they have tags and that people would phone him and he would go and pick them up……  Butler stated he does not know exactly how many times the dogs have gotten out,  See his comments in the incident report at http://christophercomins.blogspot.com ) Not the actions of someone responsible for his animals. It is with extreme neglect that Mr. Butler failed to properly contain his animals, knowing they had the habit of running off. To this day, he has yet to get a backyard fence. 

Neighbors had a right to be scared for their children. Huskies have a high prey drive that not only puts livestock at risk, but other small animals and most alarmingly small children.

Check out these links to Husky attacks on infants, children and other pets.

Husky kills 3 day old infant girl

http://www.understand-a-bull.com/Articles/OtherBreedBites/2008/September/husky%20kills%20infant%200908.pdf

Two week old baby girl killed by Husky

http://www.understand-a-bull.com/Articles/OtherBreedBites/2007/Sept/siberianhusky0907.pdf

http://www.understand-a-bull.com/Articles/OtherBreedBites/2007/August/Husky%20kills%20infant%200807.pdf

Two year old little girl mauled by Husky in Texas

http://www.understand-a-bull.com/Articles/OtherBreedBites/2007/June2007/Siberian%20huskies.pdf

Husky kills Shih Tzu

http://www.understand-a-bull.com/Articles/OtherBreedBites/2008/Feb/huksy%20kills%20shih%20tzu%200208.pdf

Wolf dogs terrorize town and kill pets in NC

http://www.understand-a-bull.com/Articles/OtherBreedBites/2007/June2007/wolfdog0607%20NC.pdf

Wolf looking dog attacks Pomeranian in Largo Florida

http://www.understand-a-bull.com/Articles/OtherBreedBites/2007/June2007/wolfdogattackspom0607.pdf

Husky bites man’s face

http://www.understand-a-bull.com/Articles/OtherBreedBites/2007/March/husky0307.pdf

Livestock statistics.

And for those who believe that dogs, domesticated or otherwise would never attack or kill cattle, check out these alarming facts.

According to data from USDA NASS 2006 report of Cattle Death Losses.

In 2005, Carnivores killed 190,000 cattle in the U.S.

Wolves were responsible for 2%

Domestic dogs 12%

Cougar, bobcat, lynx 8%

Bear 1%

Coyotes 51%

Unknown and other 21%

In 2000, dogs were responsible for 23.8% of all predation on cattle

In 2005, dogs were responsible for 12.9% of all predation on cattle

Nationwide in 1999, dogs killed 2,000 cattle and calves worth  $9.5 million

http://www.aphis.usda.gov/lpa/pubs/fsheet_faq_notice/fs_wsm44.html

http://edis.ifas.ufl.edu/uw135

Yahoo answers – Is it at all conceivable that domesticated huskies would attack a calf?

http://answers.yahoo.com/question/index?qid=20080609231939AAa2aRp

Husky Breed Info – Known to chase and kill cattle

http://www.pedigree.com.au/breeds/?b=174&p=S&pp=

Dogs are a major threat to livestock

When threatened, cattle form a circle with calves in the center.

Butler said that his dogs were simply playing with the cows. That the cows never saw the dogs as a threat. But ask any rancher how cows react when predators are stalking them and they’ll describe the scene exactly like that of May 19th.  Cattle form a circle, with the calves in the center for protection, heads out ready for defense at every angle.

 

A Message to Dog Owners From Livestock Owners

Wolf or Husky….. can you tell them apart??

 

Almost everyone that saw the huskies that morning thought that they were wolves or coyotes. It is very easy to get Huskies confused with wolves, as they are almost identical in their coloring and build. Husky, wolf or coyote, it doesn’t matter, they were hunting the baby calves.

 

How far did the two huskies travel to get to the cows?

Neighborhoods, shopping plazas, a daycare center and busy roads are all in the vicinity between Butlers residence and the pasture.

Coyotes near downtown Orlando

 

Many people claimed that wolves or coyotes couldn’t be found in Florida. However, the following month Coyotes were seen and filmed close to downtown Orlando, where they were killing cats and other small animals. 

Coyotes in Orlando Links

http://www.wesh.com/news/17445196/detail.html

http://www.wftv.com/news/16709793/detail.html

http://www.myfoxorlando.com/myfox/pages/Home/Detail?contentId=7397713&version=2&locale=EN-US&layoutCode=TSTY&pageId=1.1.1

There were 25 contacts made to the authorities prior to the first shot being fired.

Subject: Contacts to Authorities on May 19th prior to 1st Shot Fired

May 19th  Authorities alerted to wolves / dogs

#1
Kelly C.
911 call to Operator Donna…”It looks like coyotes, I don’t know what  
they look like, but there’s two of them, in a cow pasture and they’re,  
I guess they’re trying to get the cows. I don’t know if there’s a baby  
calf in there that you know the cows are protecting. I can see the  
dogs or whatever they are… you know…”
#2, 3, 4
Kelly C.
“…this has been the fourth phone number that I have been transferred  
to. So I’m not making any more calls. If somebody wants to save the  
cows. I don’t know who to call.”

Wendy Farah
# 5
Called 9-1-1 on 05/19/2008 from cellular phone about two large Huskies  
running through her neighborhood, routed through Orlando Police  
Department dispatch.  Farah stated she became concerned since there  
are so many children in the neighborhood so she contacted 911 (Orlando  
Police Department).

#6
OPD later referred call to Orange County Animal Services as a dog  
complaint.

#7
First call (#2785) received by OCSO Communications Center at 1908 hrs,  
05/19/2008 closed at 1922 hrs.  SR 417 and Narcoosee Rd.  Unknown male  
caller advised two wolves attacking cows.
#8
Call was referred to FWC through emergency number.
#9
Second call (#2766) received by OCSO Communications Center at 1912  
hrs, 05/19/2008, closed at 1927 hrs. SR 417 and Narcoosee Rd.  Caller  
advised two large wolves attacking cows in pasture north of the SR 417  
on Narcoossee Rd.  Requests deputy to check area.  Unknown Male caller.

#10
Orange County Fire Department Lieutenant Benjamin Schmidt at Station #  
62.
He stated an unknown female came to the station at approximately 1700  
hrs and informed them about two wolves in the pasture chasing cattle.   
Schmidt stated he instructed the female to contact Orange County  
Animal Services for assistance.

#11
Jakubowicz stated a woman came to the station and rang the bell and  
informed them that there were, “a couple of wolves or coyotes or  
something are circling the cows in the field behind you.”  Jakubowicz  
stated they (fire department personnel) went out back and noticed to  
the north there were a couple of dogs circling a bunch of cows and  
calves.

He stated that after the shooting started, they (fire department  
personnel) thought they needed to call the Orange County Sheriff’s  
Office.  Jakubowicz stated he was outside watching the incident, on  
and off for approximately
forty or fifty minutes.

#12
Orange County Fire Department Engineer Gary Carter.  Carter stated on  
05/19/2008, he was working at Orange County Fire Station #76 which is  
located at Narcoossee Rd and SR 417.  Carter stated while working, an  
unknown female came to the station and described what she believed was  
a coyote or wolf was chasing cows.

#13 – 22
Orange County Fire Department Fire Fighter Witness Michael (Mike)  
Moss.   Moss stated several bystanders, approximately ten (10) came by  
the fire station to advise them that two wolves were attacking the cows.

During the recorded statement, Moss stated he was working at Station  
#76 during the incident.  Moss stated that at approximately 1530 hrs,  
they received a knock at the door to the station.  Moss stated he was  
told by the Fire Fighter who answered the door that there were some  
wolves or dogs in the cow pasture.  Moss stated several more people  
came to the door to relate the same information to the Fire Department  
personnel.  Moss stated by 1600 hrs, he decided to go outside due to  
the number of complaints they had received.  Moss stated once outside,  
he saw two dogs running around and the cattle were circled around.

Moss stated he believes they were first notified of this at  
approximately 1530 hrs.  He remembers this time because he was getting  
ready to watch a program on television, The People’s Court, which
airs at 1600 hrs.  Moss said he was sitting in the chair flipping  
through the channel waiting for the show to start.  Moss stated the  
fire department personnel were asked by the bystanders who notified  
them of the situation as to what they (fire department) were going to  
do about this.  He said the bystanders would come by about every ten  
to fifteen minutes.  Moss stated none of the fire department personnel  
called the Sheriff’s Office or Animal Control

# 23
David Tindall, along with his wife had stopped along Narcoossee Rd to  
see what could be done.  David stayed at the pasture while his wife  
drove just a few yards up to the local Orange County Fire Station #76,  
where an Animal Control vehicle is parked.

#24
David Tindall stated while he was on scene, an unknown female came up  
and was talking with him about the situation.  They decided that David  
would stay at the pasture and she would go to the fire station (Orange  
County Fire/Rescue #76), which was just down the street.  David stated  
when the female returned, she appeared disgusted with the Fire  
Department personnel because they did not seem to have any desire to  
take any action.  She saw an Orange County Animal Services vehicle  
parked at the station and thought they would help.

David stated the female told him that the Fire Department personnel  
had contacted a “Grove Patrol” or someone who could handle the  
situation.

#25
Moss stated another lady pulled up and he believes it was the person  
with the video because she had a European or Irish accent.  She then  
said there were wolves attacking and asked what they (fire department  
personnel) were going to do.

More facts about the May 19th dog shooting.

Welcome to the second Blog in support of our friend, Christopher Comins.

Why two blogs?  There’s so much information to share with those of you who support Chris, that we’ve decided to break it up into two separate blogs. Blog #1 (http://christophercomins.blogspot.com) contains the incident report, information on Chris and letters of support.  Blog #2 contains research information and other facts supporting Chris’ cause.

There are so many misconceptions and down right lies being spread, that we felt need to set the record straight.