Miami-Dade County seized a family’s dog to euthanize it. The family went to court where a judge twice ruled the county had violated state statutes and had to return the animal. But what the county did on both occasions has left the dog’s owners stunned. It’s tonight’s Help Me Howard with Patrick Fraser.
Scott and Louise have a beautiful yard, but they can’t enjoy it, because part of the family is missing.
Scott Davis: “And for four months, quite frankly, we’ve gone through hell.”
In February, Scott opened his gate to move his boat. His 10-year-old dog, named Precious, saw a boy riding a bike and bit him on the leg once.
Scott Davis: “I’ve accepted the fact that I was negligent in this particular case, allowing this accident to happen. That’s what it was.”
Scott offered to pay the boy’s doctor’s bill. He quarantined Precious for 10 days as the county required. Then 30 days later…
Scott Davis: “I see several Metro Dade cops with two Animal Control officers. ‘We’re here to get your dog, and we have a court order to her.'”
It turns out Miami-Dade Animal Services and the county attorney’s office had three court orders signed by two judges to take Precious and euthanize her.
Scott Davis: “This dog is like a child to me. I’ve had this dog for a decade.”
Scott immediately hired Lauren Peffer, an animal rights attorney who was stunned to discover the court hearing to seize Precious was held without Scott being told about it.
Lauren Peffer: “And then going and taking someone’s property without due process, without their side of the story, that should freak you out.”
And Scott’s side might have changed the judge’s decision to put Precious down.
In an affidavit, the bite victim’s mother swore she was told by Animal Services that it wasn’t the first time Precious had bitten someone. Not true.
The case number Animal Services submitted to seize Precious and signed by a judge refers to an eviction that had nothing to do with Scott or his property, and Animal Services said that the dog bit the boy twice.
Again, not true, Scott says. The boy was bitten once.
Lauren Peffer: “I mean, you gotta be pretty disturbed by this.”
Lauren filed an appeal to block Precious from being killed.
We asked Animal Services to see Precious or get a picture to prove she was still alive. They said no.
Back in court, the county attorney supervising the seizure of Precious said the dog was fine but wouldn’t show any proof.
Christopher Wahl, Assistant Miami-Dade County Attorney: “But they have no cause of action that they could bring before this court to dictate to us how we are taking care of the dog.”
Lauren argued, since the dog was seized based on false evidence in a hearing where Scott wasn’t allowed to tell his side of the story, the dog should be returned to him.
Two weeks later, after reviewing the case law, Judge Diana Gonzalez-Whyte agreed.
Judge Diana Gonzalez-Whyte: “There has been a violation of due process. We should have had an actual hearing on it. They had the right to notice and a hearing.”
Judge FGonzalez-Whyte also ordered the county to give Precious back to Scott.
Judge Diana Gonzalez Whyte: “If possible, by the end of today, I think that would be ideal. Is there anything that you, you know, foresee that’s gonna make it very complicated for them to be able to get the dog back?”
Christopher Wahl: “I don’t foresee anything, Your Honor.”
But the county attorney had a different plan than he told the court.
On Sunday, he sent out an email that he had appealed the court’s order to fight the judge’s decision to return Precious, a legal maneuver that could take months to resolve.
Scott Davis: “And did it on a Sunday, of all things. I mean, you know, this guy is working overtime for some reason on this particular case, and I have to ask myself, ‘Why?'”
I emailed Christopher Wahl, asking why the county attorney’s office was working on the weekends, spending thousands of dollars to put down a dog based on a case filled with factual errors.
Wahl responded, “The County Attorney’s Office does not comment on pending litigation.”
But two days later, Judge Gonzalez-Whyte responded to the county attorney’s action, voiding the original orders to pick up Precious, writing, “They violated state law, and in bold letters she wrote, “RETURN THE DOG.”
We met Louise Davis when she went to get Precious, but the county attorney quickly filed another appeal and refused to release Precious, stunning Scott again.
Scott Davis: “And I think they possibly went ahead and euthanized my dog, and they don’t have a dog to deliver me.”
Lauren then filed a motion to vacate the stay and return Precious.
Scott says he will keep fighting to get his dog back and find out why Miami-Dade County is working so hard to never return her.
With this Help Me Howard, I’m Patrick Fraser, 7News.
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