0 оценок0% нашли этот документ полезным (0 голосов)
15 просмотров84 страницы
••• THIS TRANSCRIPT IS NOT COLLATED PROPERLY, SO CONFUSION WHEN READING. PLEASE REFER TO PAGE NUMBERS.•••
Delaware Animal Care & Control (KCSPCA/FSAC/DEACC) v Walter Pereira concerning Jackie, a Rottweiler. This is the Delaware Dog Control hearing transcript from the August 5, 2014 hearing. The panel convenes to determine the status of dogs deemed dangerous by the dog catchers also known as Kent County SPCA/First State Animal Center/Delaware Animal Care & Control.
This hearing was held at the contracted dog control facility, Camden. There was much difficulty in hearing testimony, a language barrier existed and defense evidence was not looked at.
Jackie was eventually released to her owner and lives with the designation of "Dangerous Dog" in spite of much testimony to the contrary by people who know and interacted with her.
We learned of Jackie's situation immediately following dog catcher Hulse's attempt to have Walter Pereira sign Jackie over to the pound. Walter fought for Jackie (thankfully and without legal representation) and was able to eventually take her home.
We spoke with Jackie's dad recently, and she is doing well.
••• THIS TRANSCRIPT IS NOT COLLATED PROPERLY, SO CONFUSION WHEN READING. PLEASE REFER TO PAGE NUMBERS.•••
Delaware Animal Care & Control (KCSPCA/FSAC/DEACC) v Walter Pereira concerning Jackie, a Rottweiler. This is the Delaware Dog Control hearing transcript from the August 5, 2014 hearing. The panel convenes to determine the status of dogs deemed dangerous by the dog catchers also known as Kent County SPCA/First State Animal Center/Delaware Animal Care & Control.
This hearing was held at the contracted dog control facility, Camden. There was much difficulty in hearing testimony, a language barrier existed and defense evidence was not looked at.
Jackie was eventually released to her owner and lives with the designation of "Dangerous Dog" in spite of much testimony to the contrary by people who know and interacted with her.
We learned of Jackie's situation immediately following dog catcher Hulse's attempt to have Walter Pereira sign Jackie over to the pound. Walter fought for Jackie (thankfully and without legal representation) and was able to eventually take her home.
We spoke with Jackie's dad recently, and she is doing well.
••• THIS TRANSCRIPT IS NOT COLLATED PROPERLY, SO CONFUSION WHEN READING. PLEASE REFER TO PAGE NUMBERS.•••
Delaware Animal Care & Control (KCSPCA/FSAC/DEACC) v Walter Pereira concerning Jackie, a Rottweiler. This is the Delaware Dog Control hearing transcript from the August 5, 2014 hearing. The panel convenes to determine the status of dogs deemed dangerous by the dog catchers also known as Kent County SPCA/First State Animal Center/Delaware Animal Care & Control.
This hearing was held at the contracted dog control facility, Camden. There was much difficulty in hearing testimony, a language barrier existed and defense evidence was not looked at.
Jackie was eventually released to her owner and lives with the designation of "Dangerous Dog" in spite of much testimony to the contrary by people who know and interacted with her.
We learned of Jackie's situation immediately following dog catcher Hulse's attempt to have Walter Pereira sign Jackie over to the pound. Walter fought for Jackie (thankfully and without legal representation) and was able to eventually take her home.
We spoke with Jackie's dad recently, and she is doing well.
In The Matter Of:
Delaware Dog Control Panel
ITMO: DE Animal Care v. Pereira
Hearing
August 5, 2014
Wilcox & Fetzer, Ltd.
1330 King Street
Wilmington, DE 19801
email: depos@wilfet.com, web: www.wilfet.com .
Phone: 302-655-0477, fax: 302-655-0497
Vee
WILCOX & FETZER LTD.
Original File hmg0805 4DogControL. txt
Min-U-Script® with Word IndexDELAWARE DOG CONTROL PANEL
-- HEARING --
IN THE MATTER OF:
Walter Pereira, concerning a
potentially dangerous dog:
)
)
Delaware Animal Care and Control v. )
)
)
Jackie - female Rottweiler - black/tan )
First State Animal Center
32 Shelter Circle
Camden, DE 19932
Tuesday, August 5, 2014
7:00 p.m.
BEFORE: Anne Cavanaugh, Chairperson
officer Lenny Aguilar, DSP Representative
Dr. luke Jones, Veterinarian
Interpreter for Walter Pereira (Father): Alina Salvat
~- Transcript of Proceedings --
WILCOX & FETZER
1330 King Street
Wilmington, DE 19801
(302) 655-0477
www.wilfet.com
wer
WILCOX & FETZER LTD
Reglstered Professional Reporters
(G02) 655-0877
‘wen.wifetcorn10
1
12
23
14
15
16
a
18 |
19
20
21
22
23
24
MS. CAVANAUGH: Okay. It's
0. We
are going to get started. First we are going to
introduce the panel members. I'm Anne Cavanaugh. I'm
the chairperson for tonight. Come in. Have a seat.
Here is another chair up here if you want to take it.
So I'm Anne Cavanaugh. I'm Delaware
SPCA's designee.
OFFICER AGUILAR: I'm Lenny Aguilar.
I'm the representative from the Delaware State Police.
DR. JONES: I'm Luke Jones. I'ma
veterinarian in Delaware.
MS. CAVANAUGH: So I'm going to read an
opening statement.
The Delaware Dog Control Panel:
Delaware's Dangerous and Potentially Dangerous Dog
Law, Delaware Code Title 9, Chapter 9, Subchapter 2,
Subsection 925(a), states, "A dog who has inflicted
physical injury upon a human or domestic animal,
killed a human or domestic animal, pursued a person in
an apparent attitude of attack, and/or was used to
facilitate animal cruelty or animal fighting, is in
violation of this law and must be seized and impounded
by Delaware Animal Care and Control until the
determination as to whether the dog's actions were
Wer
WILCOX & FETZER LTD
Resistered Professional Reporters
(302) 655-0477
via lft com10
a
12
13
14
15
16
17
18
19
20
21
22
23
24
dangerous or potentially dangerous.
The owner of an impounded dog may abide
by the findings and conclusion of Animal Care and
Control or, if the omer disagrees with the
conclusion, he or she may request a hearing before the
Dog Control Panel to present evidence as to why the
actions of the dog for which it was seized should not
be considered dangerous or potentially dangerous as
defined by this code."
All hearings shall be informal, open to
the public, and need not conform to standard rules of
evidence. Hearsay evidence shall be allowed but
not may not be relied upon as the sole evidence in the
panel's determination.
This hearing is not a community meeting.
The hearing will open with instructions and brief
statements from each party noting what they intend to
establish. For example, is the dog dangerous,
potentially dangerous, or not dangerous, the number of
witnesses they will present, and the amount of time
they expect to need for their presentation.
The members of Delaware's Dog Control
Panel will hear evidence and testimony concerning the
incident that caused the dog to be seized in
We
WILCOX 8, FETZER LTD
Professional Reporters
(G02) 655.0477
‘nv itecom10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
accordance with Delaware law. The panel may exclude
any evidence which is plainly irrelevant, immaterial,
cumulative, or unduly repetitive.
Each witness will clearly state and
spell, if requested, their full name for the record
and be sworn in prior to testimony.
Following opening statements, each party
shall produce witnesses and evidence on their own
behalf and have the opportunity to cross examine
witnesses.
The panel may examine the witness after
testimony, cross examination, and also reserves the
xight to recall a witness to answer additional
questions or clarify testimony.
After brief closing statements from both
parties, deliberations of the panel will be conducted
in executive session. At that time the panel will
determine, based upon the preponderance of evidence
and testimony provided during the hearing, whether the
dog's actions for which it was impounded meets the
level of public hazard as defined by Delaware law.
After returning from deliberations, the
panel shall announce its conclusion by reading the
decision letter into the record. After reading, the
We
WILCOX 8 FETZER LTD
Profesional Reportere
(302) 655-0477
oa valfet.com10
a
12
13
14
15
16
17
18
19
20
21
22
23
24
owner shall then be provided with a copy of the
written notice.
The decision of the panel is final. We
are hoping to get all the evidence presented and the
witnesses questioned in about an hour. And both sides
have an opportunity to tell their side of the story
And so the first thing that is going to happen is
Animal Control is going to make an opening statement.
OFFICER WARBURTON: Good evening, panel
membexs, Mr. Johnston, ladies and gentlemen. When
Delaware Animal Care and Control suspects a dog is
dangerous or potentially dangerous, there are elements
that must be met. For example, did the dog cause
serious physical injury or physical injury to a human
being.
There are other factors that we look at,
as well. One of the major factors that carry a lot of
weight is the furiosity of the attack. Tonight you
will hear about furiosity, how this dog lunged and
attacked Mr. Johnston four times, only stopping when
Mr. Johnston grabbed a rock striking the dog in the
head.
Another factor that we look at is public
safety. The Pereiras, at the time of the incident,
we
WILCOX & FETZER LTD
Ragistarad Professional Reporters
(G08) 635-0477
‘worn ifel.com10
abe
12
13
14
1s
16
a7
18
19
20
22
22
23
24}
reported that they only had this dog, Jackie, an adult
female Rottweiler, for a few weeks.
They had this dog at their business
where an employee had tied it out and it had gotten
lose from its tether and, unprovoked, attacked
Mr. Johnston, who.was working on his own property next
door.
The safety of the community is always a
factor when suspecting a dog is dangerous. And it's a
valid concern. DF is charged with looking at the
macro picture of the incident and considering if there
were children or others that would be exposed to this
dog.
You will hear tonight testimony
describing the attack that occurred on 7/11/2014 by
Jackie, an adult female Rottweiler, black and white,
owned by Walter Pereira.
My name is Captain Sherry Warburton.
And tonight with my counsel, Sergeant Kim Snares, we
will be representing Delaware Animal Care and Control
and Mr. Johnston in front of the panel.
We have four witnesses, lasting
approximately 30 minutes. The testimony you will hear
tonight will prove that Jackie, a black and tan adult
WILCOX & FETZER LTD
Registere Professional Reporters
(202) 655-0477
‘wir. wifet.com10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
female Rottweiler, is a dangerous animal and should be
deemed dangerous in accordance with Delaware Code,
Title 9, Chapter 9, Subsection 95. Thank you.
MS. CAVANAUGH: Are you the dog's owner,
Mr. Pereira?
MR. PEREIRA: Yes, ma'am. I would like
to say good evening, members of the panel, and thank
you for assembling tonight.
I would like to say that tonight you
will hear my side of the story, the side of Jackie,
because I am representing her. I have eyewitnesses in
this room right now. I also have some affidavits of
friends of mine that have interacted with Jackie.
I do not believe Jackie should be deemed
dangerous. I just hope you guys will see all the
evidence I brought with me tonight and will hear my
story and, based on that, decide. Thank you.
: MS. CAVANAUGH: Thank you.
MR. PEREIRA (FATHER
MS. CAVANAUGH: Good afternoon.
MR. PEREIRA (FATHER): I'm Walter's
father. In this case, first of all, I will say good
evening to all of you.
And I also want to start by once again
We
WILCOX & FETZER LTD
Registered Professional Reporters
‘@02) 655-0477
‘wevnfet.com10
aoe
12
13
14
15
16
17
18
19
20
at
22
23
24
saying I'm sorry to Mr. Johnston for the incident. I
spoke with him Monday, and he knows how much and how
badly I feel about this. I know that words don't
necessarily resolve anything.
But, even so, he knows that my son is
the owner of the dog for approximately one month or a
month and maybe a week or a couple of weeks.
So again, once again, I'm sorry. The
situation we are here to see if he is dangerous or
not, I ask the officer --
(The reporter asks the interpreter to
speak louder.)
MS. CAVANAUGH: This is also just an
opening statement. You don't need to get into a lot
of information. Thank you.
MR. PEREIRA (FATHER): You are welcome.
MS. CAVANAUGH: Please proceed.
OFFICER WARBURTON: This is the witness
chair. Would the panel prefer more space over there?
MS. CAVANAUGH: Yeah, I think it would
be better right here, as long as you can hear it.
OFFICER WARBURTON: Delaware Animal Care
and Control would like to call James Johnston to the
chair.
WE
WILCOX & FETZER LTD
Registered Professional Reporters
(302) 655-0477
vor. wlfetcom18
19
20
21)
22
23
24
JAMES F, JOHNSTON,
HAVING FIRST BEEN DULY SWORN, TESTIFIED AS FOLLOWS:
DIRECT EXAMINATION ON BEHALF OF ANIMAL CARE
BY OFFICER WARBURTON:
Q Good evening, Mr. Johnston.
A Good evening.
Q Do you recognize this dog? (Holding up
photograph)
A Yeah. I have never been that close to the
dog other than this incident. One time when they first
got the dog, he had it on a lead, and he was walking
over towards me. I was talking with Junior, Walter
Junior. And, other than that, the dog has been tied.
It's always been a distance.
Q But is this it?
A I would say that's the dog.
OFFICER WARBURTON: Delaware Animal Care
and Control would like to introduce evidence number
one. I will set it there.
BY OFFICER WARBURTON:
Q And where do you live, sir?
A 1226 South DuPont Boulevard in Smyrna.
Q This is Delaware Animal Care and Control
evidence number two. Is this your residence?
We
WILCOX & FETZER LTD
Reglsterad Professional Reportere
(02) 655-0477
wo wife. com10
a
12
13
14
15
16
17,
18
19
20
21
22
23
24
10
A The building on the right, yes, uh-huh.
Q Yes. And is this the property line between
your residence and the business?
A Yes. Where the vehicles are parked on the
left, that's about the property line, yes.
OFFICER WARBURTON: Okay. Thank you.
MS. CAVANAUGH: Can you show me the
property line?
OFFICER WARBURTON: Where the vehicles
are parked.
MS. CAVANAUGH: This is his house?
OFFICER WARBURTON: Yes.
| DR. JONES: That's the driveway.
BY OFFICER WARBURTON:
Q Can you describe the area around your home?
Is it mostly rural or fields or --
A It's very rural. I mean, there is Walter's
business to the left of me; Charlie Woodley, who was
supposed to have been here tonight, he is to the right
of me. And there is two other houses to the right of
him, okay, north of him.
And then the back of us is a good-sized field
owned by Harrison Manufacturing -- Harris
Manufacturing. And behind that, I believe, is a
Wr
WILCOX & FETZER LTD
Registered Professional Reporters
(G02) 655-0477
wovwietcom,10
ce
12
13
14
1s
16
17
18
19
20
21
22
23
24
aL
development, a housing development, but there is a wood
line, so you can't see the housing development.
So you call it maybe sparsely populated?
Yeah.
Okay.
> Oo PO
Now, to the left of Walter is Hardee's fast
food restaurant .
Q So there is other businesses?
A Oh, yeah. That's where -- Simon's Corner,
Simon's something. There is a plaza, and there is a
Wawa, and a bank.
Q Okay.
A. and a few other things.
Q Okay. So on July 11, 2014 around 11:30 p.m.,
can you explain what you were doing?
A Well, my neighbor, Charlie, to the north of
me, we always get the newspaper. He would come over,
get the newspaper from us when we were done reading it.
And he was asking me what I was doing on the south side
of my house, the driveway side.
And what I was doing is I bought the house in
November, so I'm new -- I'm a new owner to the house.
And some of the things the previous owner did, I didn't
particularly like.
We
WILCOX & FETZER LTD
Reglstored Professional Reporters
(G02) 655-0477
ver vlfet-com10
1
12
13
14
15
16
17
18
19
20
21
22
23
24
12
So one thing is they had a hill going up to
the side door, and they had it covered with blacktop
rather than making a retaining wall and some type of
steps or whatnot. So I took the blacktop out.
And there was a retaining wall that they had
like a flower bed in. They had built a retaining wall
with a cinderblock, and it was deteriorating and
falling down.
So I had a fellow come in a couple days
earlier. He had a little machine, broke the wall down
for me, cleaned all that mess out. So I just had a
little dirt there.
Anyway, Charlie, my neighbor, came over and
asked me what I was doing. So I took him around to
that side to show him. And, you know, he had the back
to Walter's house, and I was kind of talking to him
about what was going on.
And the next thing I knew, there was like one
bark. And when I turned, the dog was basically on me.
I had enough time to put my arm up, and he bit me in
the arm. But he didn't only bite. I mean, he ripped.
And I was hitting him with my left hand, but
I don't have the strength. And the dog released me,
stepped back, and hit me again. And by now he has got
WILCOX & FETZER LTD
Registered Professional Reporters
"(202) 655.0477
wortnifetcom,10
a
12
13
14
15
16
17
18
19
20
21
22
23
24
13
he did that four times.
By now, he has got me up close to the house,
which was a good thing because, where we took the
retaining wall down, there was a couple of rocks. And
I couldn't get the dog off just hitting it and yelling
at it and everything else.
So I reached down and picked up a stone, not
a big one, but one that I could handle, and I hit the
dog -- don't ask me how many times -- but a number of
times, and it finally released. And now it finally
backed away.
The funny thing about it is I'm hollering to
my neighbor Charlie to help me. And I don't know if he
panicked or what, but the dog turned and walked with
him when he was walking over to Walter's house. Never
attacked him, never showed any signs of aggression to
him. And they went to get the young lady, I believe.
By now, I had gone to the back of my house,
and I'm yelling to my friend Bee to get me a tourniquet
or something. I thought I was bleeding to death. I
mean, I was tore open pretty good, and quite a bit of
blood was coming out.
And I didn't know -- you know, I'm not a
paramedic. I don't know what to do. But the blood was
We
WILCOX & FETZER LTD.
Ragisterad Professional Reportare
(G02) 655-0477
ro iftscom10
1
12
13
14
15
16
17
20
21
22
23
24
14
coming out quite a bit. And I think we have some
photos.
Anyway, we tied it off a little bit, wrapped
it up, called the paramedics. And after that, I don't
know what took place. They took me to Bayhealth.
Q Mr. Johnston, when you said that the dog had
bitten you for the fourth time and pushed you against
the house --
A Yeah.
Q -- is that the house you are speaking of?
A Yes. This picture is taken after we have
done more work. There was a retaining wall that came
out from the side of that house here up the driveway.
And I'm sure -- anyway, we took the block
out, and there was just a mound of dirt. Okay? And in
that dirt was the rock. So I was actually up against
here, and -- well, you can see the blood spatters on
the house too, so ...
Q Okay. And this is the area that you grabbed
the large rock?
A Yes.
Q And this is Delaware Animal Care and Control
evidence number three.
And then, when you said after Jackie had
WE
WILCOX & FETZER LTD
Registered Professional Reporters
(302) 685-0477
wince com10
i
12
13
14
15
16
17
18
19
20
21
22
23
24
stopped biting you for the fourth time -- this is
Delaware Animal Care and Control evidence number
four -- you had walked to your back doorway?
A Right.
Q And is that the blood trail that you left
from your arm?
A Yes. Uh-huh.
Q And you did state that you thought you were
bleeding to death?
A Yes. Because I mean, it was running out. I
found out after the fact that if you severed an artery,
it would have been squirting. But it was running out a
pretty steady stream, which had me pretty alarmed, you
know, and I thought I was bleeding to death, so...
Q And then you went immediately to the hospital
after the ambulance arrived?
A Yeah, the care center, the care center of
Bayhealth.
Q ‘his is Delaware Animal Care and Control
evidence number five. Is this your arm?
A Yes.
Q And can you tell me what they did to you at
the hospital?
A Well, I guess -- again, I don't know biology
15
We
WILCOX & FETZER LTD
Registered Professional Reportare
(202) 655-0677
‘nt tifetcom10
a.
12
13
14
15
16
17
18
19
20
21
22
23
24
16
or whatnot -- but they can't seal a dog gash or sever
completely. So they can only put four stitches into
the gash that I had here. But I believe they counted
nine puncture wounds on the arm, top and bottom, and
two on the hand, a total of 11 puncture wounds and a
couple other little tears.
But they stitched me up and, you know, washed
it very well, and then stitched me up and sent me on my
way -
Q And when Officer Hoyle arrived to take
pictures, she wasn't going to have you unwrap the gauze
A Right, right.
Q -- so this is the first picture that we have
of the wounds. This is Delaware Animal Care and
Control again evidence number five.
And then a couple days when your dressings
were changed, can you identify this picture?
A Yeah. That was probably -- if it wasn't the
following day, it was two days later. Again, because
they couldn't stitch it completely, it oozed quite a
bit, and so the dressing had to be changed a couple
different times each day.
Q And this is Delaware Animal Care and Control
We
WILCOX & FETZER LTD
Registeres Professional Reporters
(302) 685-0477
‘rove wlife.com10
com
12
13
14
15
16
17
18
19
20
21
22
23
24
17
evidence number six.
Was it painful?
A Yeah. (Laughing)
Q How has this attack affected you?
A Well, let's -- I like dogs. Do I put dogs on
the same level as human beings like a lot of people do?
No. That dog, I was actually -- I'm going to defend
them a little bit.
I was glad that dog was in the neighborhood
when they got it. Because earlier, I'm going to say
around April time frame, I was burglarized. My shed
was burglarized, and about $8,000 worth of tool and
equipment were stolen.
So when they got the dog, I was like, "Oh,
boy, that's good we got a dog in the neighborhood."
The problem is, I don't know if I can trust
the dog. I would be afraid. Hazel and Bee both live
with me, and Bee used to raise dogs and show dogs, and
she knows quite a bit about dogs.
Hazel is -- she likes animals, but not an
animal lover. I would be afraid at this point what
might have happened if it was them.
I also have grandchildren. I know the dog
hit me hard. And what kept me on my feet, I will never
We
WILCOX & FETZER LTD
Registered Professional Reportar
(202) 655-047710
ee
12
13
14
15
16
17
18
19
20
21
22
23
24
know. But I think, if I went down, we might -- I don't
know if we would be even talking about this right now.
I don't know.
Because the way the dog attacked me, I
just -- I don't know what would have happened if I went
down or if it had been somebody else like them or my
grandkids.
Um, I have mixed feelings. I mean, I have
seen them with the dog. The dog has been fine. I have
seen Junior walk the dog down into that like Wawa, and
it's been around people with no issues.
Q But you just don't feel comfortable?
A I don't feel comfortable now.
Q Can you identify this statement written by
you?
A I don't have my glasses. I apologize.
Q Do you remember writing a statement?
A Yes.
Q Okay. And does that look like your signature
at the bottom?
A Yes, it is.
OFFICER WARBURTON: Okay. No further
questions. Thank you.
MS. CAVANAUGH: If you have questions
18
We
WILCOX & FETZER LTD.
Resistered Professional Reporters
(02) 655-0477
‘ror vfetcom10
1.
12
13
14
15
16
a7
18
19
20
21
22
23
24
19
for this witness, you can ask any questions, or you
can call him later if you want to. But if you have
questions, you can ask them now.
MR. PEREIRA: Please, I just have one
question for Mr. Johnston. Here I have a copy of the
post-bite quarantine order. It says here your address
is 16 Frenchman Branch Road, Smyrna, Delaware. You
just stated that your address was right next to us.
Do you actually live there, or were you visiting
there?
MR. JOHNSTON: Walter, I live there. 16
Frenchman was an old address where I used to live.
That was prior to --
MR. PEREIRA: I will show it to you.
MR. JOHNSTON:
October 31st closing
on the house.
MR. PEREIRA: I am only asking you this
question because of this right here, because they
wrote it down.
MR. JOHNSTON: TI don't know why they
wrote that. I have no idea.
MR. PEREIRA: No further questions.
Thank you, Mr. Johnston.
MS. CAVANAUGH: Questions from the
we
WILCOX & FETZER LTD
Registered Professional Reporte
(G02) 685-0477
Sworvnift.com10
1
12
13
14
15
16
17
1g
19
20
21
22
23
24
20
panel?
BY OFFICER AGUILAR:
Q Mr. Johnston, this occurred on a Friday?
A A Friday.
Q Friday. Okay. Did you notice anybody else
either on your neighbor's property or on your property
when this incident occurred?
A Earlier -- I don't know her name -- I'm
sorry -- this young lady took the dog out of the garage
earlier in the morning. I don't know what time.
That's the only other person I saw there.
Q Okay. And in closer proximity to the time of
the incident, did you notice anybody out --
A No.
Q -+ or on your neighbor's property either?
A No.
Q Okay. No other people, activity around
there?
A Not that I noticed.
OFFICER AGUILAR: Okay. TI don't have
anything else.
MS. CAVANAUGH: Thank you. You are
excused. Thank you.
OFFICER WARBURTON: Delaware Animal Care
We
WILCOX & FETZER LTD
Registered Professional Reporters
(G02) 655-0477
‘wen.10
n
12
13
14
15
16
ay
18
19
20
21
22
23
24
21
and Control calls Beatrice Elliott.
BEATRICE ELLIOTT,
HAVING FIRST BEEN DULY SWORN, TESTIFIED AS FOLLOWS:
DIRECT EXAMINATION ON BEHALF OF ANIMAL CARE
BY OFFICER WARBURTON:
Q Good morning, Ms. Elliott. Can you tell me
where you live?
A I live at 1226 South DuPont Boulevard.
Q And do you know Mr. Johnston?
A Yes.
Q Do you recognize this dog (showing picture),
Delaware Animal Care and Control evidence number one?
A Yes.
Q And do you know where this dog lives?
A Belongs to Walter.
Q Thank you. Is this your statement that you
wrote on July 11?
A Yes.
Q And in your statement you state that you saw
the dog earlier that morning. Can you describe what
you meant by “having a hard time controlling the dog"?
A The dog was locked in a garage, a very hot
garage, all night long. She was trying to get the dog
out of the garage, and the dog was giving her a very
We
WILCOX & FETZER LTD
Regicterad Professional Reporters
(G02) 655-0877
‘wo veto10
nu
12
13
14
1s
16
17
18
19
20
21
22
23
24
22
hard time.
Q And when you say "she," was that Ms. Mariano?
A Yes.
Q Okay. And what did you hear around 11:30
that morning?
A I heard Jamie holler, "I'm bleeding to death!
Get a tourniquet for my arm!"
And I ran out, and I saw the blood was
running out of his arm. And I got a tourniquet and put
it on his arm and hollered for Hazel to call 911, and
she did.
And the paramedics came -- and thank God we
live right around the corner from them -- and took care
of his arm.
Q When the Animal Control officer arrived after
Mr. Johnston had left to the ER, she was loading the
dog onto the truck?
A Yes.
Q Did you notice anything unusual about that?
A We had a hard time getting the dog up. She
was on the bumper or the thing, and we were behind the
dog. And it took three of us to get him up.
Q Did she control the dog, Ms. Mariano?
A No, she did.
We
WILCOX & FETZER LTD
Registered Professional Reporters
(202) 685-0477
‘wirefetcom10
a
12
13
14
15
16
17
18
19
20
21
22
23
24
23
Q Okay. The Animal Control officer did?
A Yes.
OFFICER WARBURTON: Okay. I have no
further questions. Thank you.
MS. CAVANAUGH: Wait a second, ma'am.
Do you have questions for this witness?
MR. PERBIRA: No. I just wanted to
state when the witness said that the dog was held
inside a very hot garage, actually the garage has a
window with a big fan, and we left it run overnight,
so the dog was never in danger. I just want to say
that to the panel.
MS. CAVANAUGH: Questions from the
panel?
BY DR. JONES:
Q T have a quick question. You said that
Ms. Mariano had a difficult time controlling the dog
and that you guys had a hard time loading the dog?
A Right.
Q Was the dog behaving aggressively?
A No, he wasn't. But he didn't want to come
out of the garage. We couldn't get him out of the
garage, and he just was not a happy camper.
Q Okay. But not threatening to bite anyone?
wer
WILCOX & FETZER LTD
Registered Professional Reporters
(02) 685-0477
‘we wlfet.com10
a
12
13
14
15
16
17
18
19
20
21
22
23
24
24
A I didn't notice. I just saw her struggling
with the dog trying to get him out of the door, and I
went back in the house. I don't know why -- I probably
was filling the bird feeder and was not out in the yard
a long time.
DR. JONES: Okay.
MR. PEREIRA: Excuse me. I also want to
state something else.
MS. CAVANAUGH: Excuse me. You get to
tell your story later.
MR. PEREIRA: All right.
MS. CAVANAUGH: This is their turn. You
can have all these people come back if you want. But
you don't have to refute what they are saying.
MR. PEREIRA: Right. I understand.
Sorry about that.
MS. CAVANAUGH: You are excused. Thank
you.
THE WITNESS: Thank you.
SERGEANT SCHNARES: Hi. I'm Sergeant
Schnares of Delaware Animal Care and Control. I'm
going to call Officer Hoyle up to the seat here. she
was the officer that responded when the call came in.
Okay? Officer Hoyle.
wer
WILCOX & FETZER LTD
Registered Professional Reporters
(202) 655-0477
‘wre fetcom25
OFFICER HOYLE,
2 HAVING FIRST BEEN DULY SWORN, TESTIFIED AS FOLLOWS:
a DIRECT EXAMINATION ON BEHALF OF ANIMAL CARE
4 BY SERGEANT SCHNARES:
5 Q Okay. Officer Hoyle, how long have you been
6| employed with Delaware Animal Care and Control?
7 A Approximately six months.
8 Q Six months. All right. And what is your
7 rank at this time?
10 A Officer with Animal Control.
11 Q On July 11, 2014, were you dispatched to a
12| vesidence in smyrna?
13 A Yes.
14 Q Can you tell me who you made contact with
1s| upon your arrival?
1s | A When I first pulled into the driveway at
17 12:44, I got out, and Mr. Woodley III come walking down
18 saying, “Over here." So I made contact with him.
19 He walked me up to the corner of the house of
20| 1226. And he showed me all the blood splatter on the
21, side of the house and explained to me that the dog was
22) next door, came from next door and kind of ran through
23 the scenario of what happened.
24 Q Okay. Where was the victim at this time?
WILCOX & FETZER LTD
Registered Professional Reporters
(G2) 635-067
wnwifet.com10
a
12
13
14
15
16
17
18
19
20
21
22
23
24
26
A He was at the hospital.
Q Okay. After learning where the dog resided,
what did you do at that point?
A After taking pictures of the blood trail and
talking to Mr. Woodley, I excused myself and told him I
had to go next door to make contact with the dog's
owner.
Q . Okay. You spoke briefly with Alexandria?
A Yes, matam.
Q Okay, who was on the phone with the owner of
the dog. And who was the owner of the dog? What was
his name, please?
A Walter Pereira.
Q And did you speak with him on the phone?
A Yes.
Q You did? Okay. And can you tell us what he
said during your conversation?
A When I asked Ms. Mariano if I could speak to
the owner, she said he was on the phone. She handed me
the phone.
I told him who I was and why I was there.
And I told him what was going to happen, that I needed
to verify if the dog had current rabies inoculation so
I could determine where the dog was going to be
Wer
WILCOX & FETZER LTD
Registered Professional Reportars
(302) 685-0477
‘wore. com,10
a.
12
13
14
as
16
ay
18
19
20
21
22
23
24
27
quarantined at, because the rules of a dog bite
incident, if they have current rabies inoculation, they
could possibly stay quarantined at home; or, if it
didn't, they would have to be quarantined at a licensed
facility.
So he said he was on the road at the time and
that he was not sure if the dog had current rabies,
because he had just got the dog a couple weeks ago from
another person.
So I asked him who he got the dog from, and
he gave me his name. I asked if he had his phone
number so I could call that owner to find out, because
I really needed to know if the dog had current rabies.
and he gave me his name. It was Marvin
Parker, I believe it was. Yes, Marvin Parker. So I
told him I was going to call him and try to find out,
and then I would call Mr. Pereira right back. And he
was like okay.
Q The evidence sheet number one, can you
identify this dog?
A Yes. That's Jackie, the Rottweiler that we
are here for today.
Q Since this dog was not current on rabies
vaccination, what at that time did you do with the dog?
WILCOX & FETZER LTD
Aogetered Profesional Reporters
(G02) 655-0477
or itm10
a
12
13
a4
15
16
17
18
19
20
21
22
23
24
28
A I explained to Ms. Mariano the procedure for
dogs not current on rabies inoculation and that I would
have to fill out some paperwork, get some info,
information.
And since Mr. Pereira was on the phone, I
asked her if she would sign the paperwork as the
caretaker of the dog at the time. She was like yes.
And then I asked her if she could call
Mr. Pereira back, because I needed to explain to him
too. Even though he was on the road, I needed to
explain to him, as owner, what was going to happen.
And that, because she was there, Ms. Mariano was there,
that was who was going to have to sign the paperwork,
because she was taking care of the dog at the time.
Q Did they also have a current Kent County dog
license for the dog?
A No, ma'am.
Q Okay. Was Ms. Mariano very cooperative or
uncooperative at this time?
A She was very cooperative.
Q Okay. Is this where the dog was located?
I'm sorry. This is the last one. (Handing) Evidence
number E7. Is this the location and the conditions of
the dogs, where they were living?
Wer
WILCOX & FETZER LTD
Registered Professional Reporters
(202) 655-0477
‘ir we.com10
11
12
13
14
15
16
17
18
19
20
22
22
23
24
29
A That was the room that the dog was in when I
arrived over to the auto lot to talk to Ms. Mariano.
Q Okay. All right. When Ms. Mariano brought
the dog to the vehicle, what was the dog's demeanor or
what did she have?
A I mean, the dog wasn't aggressive. It was
kind of like a little nervous like it didn't know what
was going on at the time. So I would say nervous.
Q Did you, yourself, feel threatened in any way
by the dog's behavior?
A ‘I definitely stayed away, because, since she
was the owner/caretaker at the time, I asked her to
load the dog. Because when I even -- when I told her
that I needed to take a picture of the dog and we
opened the door, I mean, the dog, you know, was barking
and just was not nice,..So I had her load the dog, and
I stayed in the truck.,
Q Okay. How was the dog when you got her back
here and unloaded her at the shelter?
A The dog was quiet. She was -- I did not take
her out of the truck on a leash. I took her out on a
pole because I didn't trust her.
But she was quiet. And when I took her
inside to put her in her kennel, she was scared. She
We
WILCOX & FETZER LTD
Registered Professional Reporters
(G02) 655-0477
‘wwe wtfet.com10
1
12
13
14
15
16
17
18
19
20
a1
22
23
24
30
didn't want to walk easily into the kennel.
Q All right. You interviewed Ms. Beatrice
Elliott; correct?
A Yes, ma'am.
Q And her statement?
OFFICER WARBURTON: I think she took it
with her.
SERGEANT SCHNARES: Thank you.
BY SERGEANT SCHNARES:
Q This is the statement. (Handing) You
witnessed her fill that out; correct?
A Yes, ma'am.
Q Okay. All right. Did you see Mr. Johnston
again after he got home from the hospital?
A Yes. After leaving the scene the first time,
I went to the Smyxna Emergency Clinic and made contact
with Mr. Johnston while he was there and to get a
picture of his wound, which didn't come out because my
camera was on video mode by accident.
But I did go back later that night to make
contact with him and to make sure he was all right and
to get a current picture even though the wound was
already wrapped.
SERGEANT SCHNARES: That's all the
We
WILCOX & FETZER LTD
Recistered Professional Reporters
(G02) 655-0477
svi ifekcom31
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
questions we have for Officer Hoyle at this time.
MS. CAVANAUGH: Do you have questions
for this officer?
MR. PEREIRA: No, ma'am.
MR. PEREIRA (FATHER): I kind of have
one question for you. Do you remember who you speak
with when you speak with the previous owner, do you
xemember what he told you? (Mr. Pereira is speaking
without his interpreter)
OFFICER HOYLE: Yes He said that he
had gave Mr. Pereira, Walter, the dog approximately a
month, month and a half ago.
Q (Using interpreter) And what was the reason
we got in touch with him?
A To verify -- the reason why I got in touch
with him?
Q (Not using interpreter) Yeah. Why the
original?
A To verify if the dog had a current rabies
shot from the previous owner.
Q (Using interpreter) Regarding what you just
said, if we had had the vaccinations in a timely way,
we wouldn't be here today?
A If the dog was current on its rabies
We
WILCOX & FETZER LTD
Registered Professional Reporters
(02) 655-0477
‘ow lfetscom10
11
12
13
4
1s
16
17
18
19
20
2.
22
23
24
32
inoculation, it could have possibly been quarantined at
home. I would have had to verify that with the
providers because of the severity of the bite.
MS. CAVANAUGH: This is not your time to
make your case.
MR. PEREIRA (FATHER): Oh, okay.
MS. CAVANAUGH: If you have questions
for this officer, you can ask.
MR. PEREIRA (FATHER): No, no. I
appreciate that. Thank you. I appreciate it.
MS. CAVANAUGH: Is this the garage that
we are referring to?
OFFICER HOYLE: No, ma'am. That isa
room in the main office building. There is a room off
to the side that the dogs was in.
MS. CAVANAUGH: This is a repair shop?
OFFICER HOYLE: I don't know exactly.
MR. PEREIRA (FATHER) : {not using
interpreter) I can answer that question. That's not
their dog room. The dog is not even over there.
That's my son. They put it on there after the
incident. When the dog is in the office, it's all
offices there.
MS. CAVANAUGH: Thank you.
we
WILCOX & FETZER LTD
Registered Protessional Reporters
(G02) 655-0477
vwonnift.com33
10
cee
12
13
14
15
16
17
18
19
20
21
22
23
24)
BY OFFICER AGUILAR:
Q have a question. When you responded over
to the property where the dog belonged, how many
people, how many humans did you come in contact with
over there?
A dust one, Ms. Alexandria Mariano.
Q So there was only one person over there that
was taking responsibility for that dog at that time?
A Yes, sir.
OFFICER AGUILAR: Okay.
BY DR. JONES: 1
Q have a question. Did Mr. Marvin Parker
give you any additional information on the behavior of
Jackie in the past, why he might have given her to
Walter, of any kind?
A No, sir. I just asked if he was the previous
owner of Jackie. And he had her by a different name.
And I can't remember exactly what he called her. And I
just asked if he had had current rabies inoculation
with the dog, and he was like no.
DR. JONES: All right.
BY OFFICER AGUILAR:
Q I have another question. At anytime with
your interviews with the dog owner or the caretaker of
we
WILCOX & FETZER LTD
istered Professional Reporters
102) 655-0477
swore wet corn10
1
12
13
14
15
16
17
18
19
20
21
22
23
24
34
the dog at that property, did they explain to you how
they kept the dog confined into their property?
A No.
Q No? Did you ask?
A Um, actually, I don't think I did.
Q Okay.
A I just, I went through explaining the process
of our dog bite procedures that we have to go through.
OFFICER AGUILAR: Okay. Thank you. I
have no further questions.
MS. CAVANAUGH: Thank you. You are
excused.
SERGEANT SCHNARES: I would like to call
Officer Rebecca Stratton, please.
OFFICER REBECCA STRATTON,
HAVING FIRST BEEN DULY SWORN, TESTIFIED AS FOLLOWS:
DIRECT EXAMINATION ON BEHALF OF ANIMAL CARE
BY SERGEANT SCHNARE:
Q Okay. How long have you been employed with
Delaware Animal Care and Control, please?
A About six months.
Q Six months? And what's your rank?
A Officer.
Q
You're an officer? Okay. on July 16, 2014,
We
WILCOX & FETZER LTD
Registered Profesional Reporters
(202) 685-047710
cee
12
13
14
15
16
a7
18
19
20
21
22
23
24
35
while at the shelter you had contact with the dog's
owner. Can you state the owner's name, please?
A Walter Pereira.
Q Okay. And you spoke with him in regard to
his dog, Jackie; correct?
A That's correct.
Q Can you tell us what that entailed, the
conversation?
A At the time we were explaining to him about
the citations I was writing to him. He was cited for a
dog running at large, bites a person, failure to
inoculate, failure to provide license.
During the conversation, he stated that the
dog was there for protection. During the conversation,
Sergeant Hoyle was explaining to him the dog panel.
His father had suggested to him to actually not
surrender the dog to us. And he had decided at that
time that he did not want to surrender the dog.
Q Okay. Okay. Did the dog owner advise why he
had the dog? I think you just said that?
A Yes. He had just stated that he had the dog
at the property for protection.
SERGEANT SCHNARES: Okay. That's all
the questions we have for Officer Stratton.
Wer
WILCOX & FETZER LTD
Reglstered Professional Reporters
(G02) 655-0877
wer ifetscom10
a.
12
13
14
15
16
17
18
19
20
21
22
23
24
36
MS. CAVANAUGH: Do you have questions,
Mr. Pereira, for this officer?
MR. PEREIRA: No.
BY MR. PEREIRA (FATHER):
Q (Not using interpreter) Officer, what was
the reason you want to contact my son that date?
A I'm sorry?
Q What is reason you want to contact him that
date? You told Officer Hoyle give the paper to you;
xight?
A Officer Hoyle was not in the office.
Q No, no, no. What's her name?
A She was off duty that day.
Q Okay. And that day we come to try to find
her, and you had the paper?
A Yes. I had the case paperwork with me.
Q Okay. So -- okay.
A To have a signature from him from the
quarantine order.
Q For quarantine order; right?
A Yes.
Q Never talking about aggressive dog. That's
only quarantine.
A I was not at the scene to talk to you about
We
WILCOX & FETZER LTD
Registered Professional Reporters
(G02) 655-0477
vw. wfetcom10
rey
2
13
14
15
16
17
18
1g
20
21
22
23
24
37
an aggressive dog.
MR. PEREIRA (FATHER): Thank you. I
appreciate it. That's it.
MS. CAVANAUGH: Panel questions?
OFFICER AGUILAR: No questions.
MS. CAVANAUGH: You are excused Thank
you.
OFFICER WARBURTON: Delaware Animal Care
and Control rests.
MS. CAVANAUGH: Thank you. Now it's
your turn to present your witnesses and your evidence.
I would like you to try and make sure
that you try to keep it relevant to what happened, so
namely this incident
And you can call witnesses and ask them
questions, and we can ask questions of your witnesses,
as well.
MR. PEREIRA: Thank you. I first want
to show these pictures to the panel and everybody here
that this is Jackie. This is Jackie. The officers
are showing this. So you can see. You can see. I
just want the panel --
MS. CAVANAUGH: If you want to put them
into evidence, you can bring them up here, and we will
we
WILCOX & FETZER LTD
Registered Professional Reporters
(202) 655.0477
‘wire wtetcomm10
a
12
13
14
15
16
17
18
19
20
21
22
23
24
38
mark them.
MR. PEREIRA (FATHER): You have all in
that.
MS. CAVANAUGH: That's okay. We will
take it.
MR, PEREIRA: I just wanted to show the
panel and everybody those pictures, because when the
witnesses were -- some of them did mention that
Alexandria did have difficulty with her, and I believe
she did because of the size. And it was the first
time I left her taking care of the dog.
Further, I want to mention Marvin
Parker, which is -- this is the original -- this is
the paperwork he gave me, which says that Jackie is
actually appropriate Rottweiler.
I believed, as a first-time dog owner,
that this was the licensing. when Mr. Parker actually
sold me the dog, he told me he sold it to me because
she was not as aggressive. She wasn't aggressive at
all. His other dogs were aggressive.
When I got her, she was living in a
kennel outside behind his house. He told me he didn't
really socialize with her.
So, when I got her, I wanted a better
wer
WILCOX & FETZER LTD
Reglstered Professional Reporters
(G02) 655-0477
wor wifeticom10
121
12
13
14
15
16
a
18
19
20
39
life for her. I even asked my father to pay for
obedience classes. Because I was -- I wanted to take
her to it, you know, and give her a better life.
MR. PEREIRA (FATHER): Give it to them.
MS. CAVANAUGH: You can show it to us.
MR. PEREIRA: This is also a copy that's
in your folders. This is the receipt. It was
actually set for a later date, but they change it to
8/17. But it was paid for June 6.
And I was trying to -- so I was trying
to give her a better life. He told me when he first
got her that she had all the vaccines. I believed him
because, as a two-year-old dog, I thought she had the
second rabies shot which was good for three years.
That's what I believed. That's why I was waiting for
the vaccine.
MR. PEREIRA (FATHER): We were waiting
for the vaccine report.
MR. PEREIRA: I also have affidavits of
friends of mine. I actually have three of them, who
they also -- they are friends, but they also have
taken care of Jackie.
There is also copies in you guys!
folders. I don't know if you guys would like to see
We
WILCOX & FETZER LTD
Registered Professional Reporters
(G02) 655-0477
von wet. com10
11
12
13
14
15
16
17
1s
19
20
21
22
23
24
40
this right now.
Jackie is actually -- this is from
different people. Jackie has actually stayed in their
houses overnight or sometimes over a weekend. And
both houses, there are children present, and Jackie
has been around children under the age of 18.
And I am also wondering why Sergeant
Hulse is not here today, because I did mention him in
the letter.
MR. PEREIRA (FATHER): Show it to them.
MR. PEREIRA: The letter I gave to
Animal Control. I did mention his name, because he
was the one who wants to label my dog dangerous.
OFFICER WARBURTON: Objection. He just
delivered the paperwork.
MS. CAVANAUGH: I understand. So do you
understand that? It's the agency that is bringing
this charge; it's not one particular officer.
MR. PEREIRA: Right. I say this
because, when I was talking to Officer stratton, I
believe, when I bumped into her, actually, and we was
talking about the dog and the incident, Sergeant Hulse
stopped and started talking to me about the 21-day
that I had to pay $25 a day, that my dog would be
We
WILCOX & FETZER LTD
Registerac Professional Reportar
(02) 655-0477
vw vlfet.com10)
a
12
13
14}
15
16
a7
18
19
20
21
22
23
24
41
deemed dangerous, and he also said it will be easier
for me to redeem my dog, to surrender my dog, and he
would drop
they gave me three charges, and he will
drop two of the charges.
I only have to pay -- he would drop the
failure to license dog and he would drop the failure
to inoculate, and I would only have to pay the dog at
large biting person.
That's what he stated to me. That's why
I put his name on the letter for the panel.
I also would like to bring my witness
Alexandria Mariano.
ALEXANDRIA MARIANO,
HAVING FIRST BEEN DULY SWORN, TESTIFIED AS FOLLOW:
DIRECT EXAMINATION ON BEHALF OF THE DEFENDANT
BY MR. PEREIRA:
Q Is this your voluntary statement?
A Yes, it is.
Q In your voluntary is statement it states that
you were discussing prices with a neighbor -- I'm
sorry -- with a customer when a neighbor came into
the -- let me find it -- neighbors came into the office
with Jackie and stated the dog almost -- must be
contained, she almost bit somebody. Is this true?
We
WILCOX & FETZER LTD
Registered Professional Reporters
(G02) 655-0477
ar fetcom10
1
12
13
14
1s
16
17
18
19
20
21
22
23
24
A Correct.
Q So what actually, from your point of view,
what actually happened that day?
A Well, what happened was I was in the office.
Well, in the morning I arrived there around 9:00, 9:30.
I took the dogs out of the garage, which is where I
kept them overnight .
And I cleaned Jackie, I cleaned where she was
at. I gave her food and everything like that. And T
tied her up to a truck. Now, I triple knotted the
leash. That way, she couldn't get free or anything
like that.
um, I went inside because I had customers
come on the property, and they were interested in
purchasing some vehicles. So I had to call him to get
the prices, since I didn't really know anything. I was
just watching the property while they were away.
Next thing I know, I'm discussing prices with
a customer, and the neighbor comes in shouting, "The
dog has to be contained. She almost bit somebody."
And that was when the dog actually followed the
neighbor into the shop and was wagging its tail and
just sat there on the floor.
So I grabbed the dog, I put her in the room
42
Wwe
WILCOX & FETZER LTD
Regtered Profesional Reporters
(202) 655-0477
‘wef. com43
10
nu
12
13
14
15
16
17
18
19
20
21
22
23
24
where she was at. And then he left onto their property
with the incident.
Q dust for the panel, where do you live? Can
you say where you live?
A I live at 9 Greenway Square, Dover, Delaware,
19904
Q All right. And when you tied up the dog, the
pickup, where was the pickup located?
A In the back of the office.
Q Where in the back? Can you specify was it
near the neighbors or was it --
A It was near by where the Hardee's was, far
away from where the neighbor's residence was. It was
blocked by a lot of cars.
MR. PEREIRA
All right. That's all the
questions I have.
CROSS EXAMINATION ON BEHALF OF ANIMAL CONTROL
BY OFFICER WARBURTON:
Q Yes, ma'am. When you said you tied the dog
out, did the dog have a collar?
A Yes, she did. She had a body harness, but we
put it as a harness to double secure it.
Q Did you put the harness on the dog, or was it
already on the dog?
We
WILCOX & FETZER LTD
Registered Professional Reporters
(02) 685-0477
sworn wife corm10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
44
A
Q
EN
too tight,
Q
harness?
A
actually e
Q
customers?
A
I put the harness on the dog.
Was the harness loose?
Not so much. I mean, I didn't want to put it
but it was fitting.
Do you know how the dog escaped out of the
Um, I wasn't there, so I didn't see her
scape.
So you just tied her out, and then you had
Yeah, because I had a customer, so I had to
tend to the customer. And then I came back out, and
she was fii
Q
first time
ne.
And have you done this before? Was this your
A That was my first time.
OFFICER WARBURTON: No further
questions.
MS. CAVANAUGH: So was the harness still
there tied to the truck? Did the dog slip right out
of it?
THE WITNESS: Yes. The harness was
still tied to the truck. I guess where you clasp it
on, she
~- I guess it came off with pressure.
WE
WILCOX & FETZER LTD.
Registered Professional Reporter:
(302) 655-0477
‘wirlfet.com10
a
12
13
14
15
16
17
18
19
20
21
22
23
24
45
MS. CAVANAUGH: Okay?
THE WITNESS: But everything was still
tied to the truck.
MS. CAVANAUGH: Questions?
BY OFFICER AGUILAR:
Q Um, I'm just trying to picture again where
the dog was tethered. It looks like it was on the
business property but at the opposite side --
A At the opposite side, yes.
Q -- from the victim's property?
A Correct.
Q Okay. And it was at the back of the
property. So when you -- you didn't have any visual of
the dog when you were conducting the business that --
A I checked on her every so often to make sure,
because I did have another dog there. And whenever I
would check, she was sitting in front of the truck just
sitting with the other dog eating her food.
Q Okay. But at the time that this incident
occurred, you said you were conducting business with
somebody else?
A Yes.
Q And so I'm going to guess that was at the
front of the property or --
We
WILCOX & FETZER LTD
Registered Professional Reporte
(02) 655-0477
ivvfe.com10
a
12
13
14
15
16
17
18
19
20
21
22
23
24
46
A That was in the office.
Q Im the office. Okay. Okay. Like is there
anything aside from the leash and the harness that
would contain the dog, any other physical barriers?
A I mean, there were cars scattered throughout
to kind of barricade where she was at from where the
victim's property was. So there were barricades.
Q And, to the best of your knowledge -- or let
me ask you this: Do you know how long it had been
since you last saw Jackie tethered to the truck from
when the neighbor came walking onto your property with
Jackie after the incident?
A Between one and two minutes. It was not very
long.
BY MR. PEREIRA (FATHER): (Using interpreter)
Q Okay. How did you grab the collar of the
dog?
A Um, well, there is a little black clip that
you stick together, and there is two rings. And I
connected them by the clip, by the two rings.
Q The first ring, or the second rings?
A ‘The first ring.
MR. PEREIRA (FATHER): Okay. And that
was the reason. This is the first time taking care of
Wwe
WILCOX & FETZER LTD
Regletered Professional Reportere
(02) 685-0477
‘wire itfet.com10
a.
12
B
14
15
16
a
18
19
20
21
22
23
a7
the dog. And the dog, with that first ring, it stays
loose or is loose. We always grab it in the second
xing. That's part of the mistake. The collar is here
next to the dog.
MS. CAVANAUGH: Anyone have anymore
questions for this witness?
OFFICER AGUILAR: No.
MS. CAVANAUGH: You are excused.
MR. PEREIRA: To the panel, reading of
the law, I have a copy of the laws. It says that the
dog will not be determined dangerous or potentially
dangerous except by the Dog Control Panel. Is this
true?
MS. CAVANAUGH: Well, we have the final
say. This is why we are having this hearing. Animal
Control says the dog is dangerous. You say the dog is
not dangerous. We are going to decide.
MR. PEREIRA: Okay. If so, why did the
KC-SPCA paperwork that they gave me says that they
determine that my dog is dangerous?
MS. CAVANAUGH: Well, they can say that
in their determination the dog is dangerous.
MR. PEREIRA: Okay. Just for my
clarification again.
We
WILCOX & FETZER LTD
Registered Profescional Reporters
(G02) 655-0477
‘wot com10
1.
12
13
14
15
16
wv
18
1
20
21
22
23
24
48
MS. CAVANAUGH: Sure.
MR. PEREIRA: I also want to ask about
Jackie's health. As you can see in the pictures, her
health has really deteriorated.
The last time I came to see her was
Thursday, and she had like a slip on her kennel of
some -
I believe she is taking two different kinds of
medicine because of kennel cough.
And in that note, I came back the next
following day, Friday. And when I came back, I
actually -- they actually denied me permission to go
visit my dog. I just wanted to know if this was
because of the dog panel hearing.
OFFICER WARBURTON: Objection. We are
here to talk about the incident.
MS. CAVANAUGH: I don't know these
answers. And, really, Captain Warburton is right that
we are here to talk about what happened on the day
with Mr. Johnston and not a lot of other events.
MR. PEREIRA: Okay.
MS. CAVANAUGH: You know, the panel
doesn't decide the procedures that take place ahead of
time.
MR. PEREIRA (FATHER): (Not using
Wer
WILCOX & FETZER LTD
Registered Professional Reporters
(202) 655-067710
1
12
13
4
15
16
17
18
19
20
21
22
23
24
49
interpreter) My son have recorder for personal,
this --
MR. PEREIRA: The workers here, the
kennel technicians, when IT have come visit her, when
we all came visit her, that we have talked with, and
they said that she is not dangerous. I believe I'm
here to defend my dog.
MS. CAVANAUGH: That's right. And you
get your say
MR. PEREIRA: They want to deem my dog
dangerous, and I'm here to prove that she is not
dangerous.
MS. CAVANAUGH: Okay. So you need to
present some evidence.
MR. PEREIRA (FATHER): We have proof
We have recording.
MR. PEREIRA: JI have a flash drive. I
don't know if you guys have a computer you can connect.
it to.
MS. CAVANAUGH: What's on your flash
drive?
MR. PEREIRA: I have recordings
basically of technicians, kennel technicians, stating
that she is a good dog.
we
WILCOX & FETZER LTD.
Registered Professional Reporters
(G02) 655-0477
‘ave if. com190
11
12
13
14
15
16
17
18
19
20
21
22
23
24
50
MR. PEREIRA (FATHER): That she is good.
MS. CAVANAUGH: I'm sorry. It's really
not relevant to what happened to Mr. Johnston.
We are here to talk about the incident
with Mr. Johnston.
MR. PEREIRA (FATHER): (using
interpreter) Again, I'm never going to be tired of
saying that I'm sorry. But I'm trying -- it has
really been like driving me, in my mind, nuts to try
to understand why that action by my son's dog.
Yeah, that's leading me to try to seek
for some outside motivations. So, for example, um, if
you take a look at the proof, E2, I assume that there
is -- I assume that there is a lot of noise, and maybe
that was part of what maybe triggered or motivated the
dog to do what she did.
O£ course, I'm not, in any moment, I'm
not justifying what happened. I just want to clarify
or make clear the dog is -- and Mr. Johnston even
testified that there has never been an incident. she
is not mean in any way.
So when the neighbor, Mr. Charlie --
that's the name, right?
VOICE: The other guy.
We
WILCOX & FETZER LTD
Registered Professional Raporters
(G02) 655-0877
‘went cors51
10
a
12]
13
i"
&
17
18
19
20
21
22
23
24
MR. PEREIRA (FATHER): ~-- brought the
dog to the office without any problem, as Mr. Johnston
testified. I don't understand. But it happened.
I just want to let you know that my son,
it's his first dog, and he has been, you know, caring
for her and with classes.
The vaccines and immunizations hadn't
been done, because the person that sold it to us said
that he had the proof of the immunizations, and we
were just waiting for them to take her to the classes.
So, because for her to be able to go to
the classes, they require immunizations.
Again, it's B7. That's the storage area
for the dealer. She put the dogs there after the
incident. The dogs live with them. They bring the
dogs to the dealer, the majority of times that they
come to the dealer.
MR. PEREIRA: The reason I bring my dog
when I go over to my dad's to the dealership is
because where we live, 9 Greenway Square, is an
apartment complex, and they do not accept dogs there,
that type of dog. I did not know that.
So when I received a phone call from the
office and they are telling me that, I was trying to
We
WILCOX & FETZER LTD
Regeterad Professional Reporters
(G02) 655-0477
werent cm10
a.
12
13
14
15
16
17
18
19
20
21
22
23
24
52
see where I could keep her. That's why I brought my
dog every day with me, so that T wouldn't have a
problem.
I understand Mr. Johnston, as he
stated ~- I understand that he is scared to see the
dog there again. That's why I have -- I have gone
beyond myself to actually find a place where they do
allow that type of dog, so where I could keep her
during the day while I have to go to my daily
activities.
So the dogs wouldn't have -- so the dog
is not going to be at my dad's shop, so Mr. Johnston
won't have to worry about the dog anymore.
MR. PEREIRA (FATHER): I'm so sorry,
Mr. Johnston. No more.
MS. CAVANAUGH: Let's have one person
talking at a time.
MR. PEREIRA: ‘The dog will not put a paw
on his property anymore, because I have this lease
agreement. This is also a copy. This was actually
sent today. I'm going to move tomorrow, hopefully
with my dog.
MS. CAVANAUGH: ‘Thank you.
OFFICER AGUILAR
We
WILCOX & FETZER LTD
Registered Professional Reporters
(202) 655-0477
‘vrfe.com
Can I ask him?10
a
12
13
14
15
16
17
18
19
20
2.
22
23
24
53
MS. CAVANAUGH: About the lease? Yes.
Can I ask you a question?
MR. PEREIRA: Yes, ma'am.
MS. CAVANAUGH: Whose dog is this?
MR. PEREIRA: This is her dog.
MS. CAVANAUGH: And does this dog live
at the property, as well?
MR. PEREIRA: No. The dog lives with
her.
MS. CAVANAUGH: At the apartment?
MR. PEREIRA: Yes.
MS. CAVANAUGH: Does this dog have a
rabies vaccination and a Kent County dog license?
MR. PEREIRA: Yes. She actually has the
proof with her right now.
MS. CAVANAUGH: Did it happen at the
time of the incident?
MR. PEREIRA: No. The dog was under six
months. I believe when the dog becomes six months,
that's when the rabies vaccination is appropriate for
the dog. Under that age, the dog might get sick.
MS. CAVANAUGH: Is the dog spayed or
neutered?
MR. PEREIRA: No. The little one? No.
We
WILCOX & FETZER LTD
Registered Professional Reporters
(02) 685-0477
So. lfecom54
— —— Ses seeesese cee eee oa
1 Both of them aren't spayed or neutered.
2 THE REPORTER: (using interpreter) I
3 would like to add something to that. Except for the
4 smaller dog had surgery.
5 MR. PEREIRA: When did it have surgery?
6 THE WITNESS: This past Friday.
7 MR. PEREIRA (FATHER): This past Friday.
8 Just the operation was $1,200.
9 MS. CAVANAUGH: What kind of an
10 operation?
al THE WITNESS: He had to get cut open
12 because what happened was we had given -- after we had
13 this incident, I took him to get his rabies shots.
14 And he had a bad reaction to that. Plus, when I got
15 him, he had worms, and I was not aware of that.
16 So I gave him medicine, and then he was
17 fine. And then I got his rabies shot, and then he had
18 a bad reaction to it. So they had to go inside his
us body and flush out whatever toxins were there and give
20 him nutrients and Iv to get better.
21 MR. PEREIRA: He actually got better.
22 Two days ago, he actually started eating and drinking
23 water again.
24 MR. PEREIRA (FATHER): You guys can
Wwe
WILCOX & FETZER LTD
Registered Professional Reporters
(302) 655-0477,
wwvnwtifet corn55
10
1
12
13
14
15
16
17
18
19
20
at
22
23
24
verify it.
MS. CAVANAUGH: That's okay. We are not
talking about this. I just wanted to ask some general
questions.
MR. PEREIRA (FATHER): No, in case they
want proof.
MS. CAVANAUGH: We are really talking
about Jackie.
OFFICER AGUILAR: I have a question. I
guess on the night of this -- or the night prior to
this incident, how was Jackie stored at the property?
MR. PEREIRA: She was in my apartment.
OFFICER AGUILAR: At your apartment?
MR, PEREIRA: Yes, sir.
OFFICER AGUILAR: Then how did she get
from your apartment?
MR. PEREIRA: The next morning, me and
my father had plans to go to New York, because we buy
cars up there and bring them here.
So I took her, me, and the dog, and I
kept them in the garage, because we left around four
in the morning. And then she came back around nine.
MS. CAVANAUGH: Ms. Elliott said that
the dog was in the garage overnight.
we
WILCOX & FETZER LTD.
Registered Professional Reporters
(o02) 655-0477
Sw. if com10
a
12
13
14
15
16
17
18
19
20
21
22
23
24
56
MR. PEREIRA: No. This is false
information.
MS. CAVANAUGH: So the dog was in there
as of 4 a.m.
MR. PEREIRA: Four in the morning.
MR. PEREIRA (FATHER): Not all night.
OFFICER AGUILAR: Now, if I may continue
with my questions: Now, in that garage, are they free
to roam in that garage?
MR. PEREIRA: Yes, sir. Yes, sir. It's
a garage, an empty garage, and there is room to roam.
MR. PEREIRA (FATHER): (Using
interpreter) I also would like to add something to
your question.
The garage was left with a fan
approximately -- I don't know what the size, but
approximately this size (indicating).
MR. PEREIRA: And we left it working,
because summer days do get very hot.
MR. PEREIRA (FATHER): And water and
what they needed.
MR. PEREIRA: We left a bowl for each
with water and a bowl of food for each.
OFFICER AGUILAR: Have you done this
We
WILCOX & FETZER LTD
Registered Professional Reporters
(202) «35-0477
swore com10
i
12
13
14
15
16
17
18
19
20
21
22
23
24
57
before with the dogs?
MR. PEREIRA: Leave them in the garage?
OFFICER AGUILAR: Right.
MR. PEREIRA (FATHER): First time.
OFFICER AGUILAR: First time.
MS. CAVANAUGH: Do you have more
witnesses or other statements?
MR. PEREIRA: I do have other witnesses.
But, as you stated, we are here to talk about the day
of the incident, and my witnesses were not there the
day of the incident.
I do have witnesses to help support that
Jackie is not an aggressive dog. That, I do have.
MS. CAVANAUGH: So we have already had
several statements about Jackie is not aggressive.
MR. PEREIRA: Right.
MR. PEREIRA (FATHER): They come too.
MR. PEREIRA: I also have the person
as well that wrote those affidavits.
MS. CAVANAUGH: Do you want to hear
their testimony, or are you fine with the statements?
OFFICER AGUILAR: I'm fine with the
statements.
DR. JONES: Is there anything beyond
we
WILCOX & FETZER LTD
Registered Professional Reporters
(02) 655-0477
‘we fel.com10
a
12
13
14
15
16
17
18
19
20
21
22
23
24
58
what the statements say that you want them to say in
front of us?
MR. PEREIRA: Can I ask them personally?
DR. JONES: Sure.
MR. PEREIRA: Is there anything you guys
would like to say?
MS. COVERDALE: I do.
MS. CAVANAUGH: Come up.
LATISHA COVERDALE,
HAVING FIRST BEEN DULY SWORN, TESTIFIED AS FOLLOWS:
DIRECT EXAMINATION ON BEHALF OF THE DEFENDANT
MS. COVERDALE: Um, well, first off, I
would like --
MS. CAVANAUGH: Excuse me. You need to
ask her questions, and she will answer.
BY MR. PEREIRA:
Q = What would you like to say about Jackie?
(Laughter)
MR. PEREIRA (FATHER): We don't have
experience in this.
MS. COVERDALE: Well, first off, I would
like to say I don't think that it's a dangerous dog.
She has been around my ten-month-old
God-son several times and never showed aggression,
we
WILCOX & FETZER LTD
Registered Professional Reporters
(02) 655-0477
von. ft.com10
cee
12
13
14
15
16
17
18
19
20
21
22
23
24
59
never barked or anything like that.
And I have been around a lot of, you
know, aggressive and dangerous dogs. and if it was
that dangerous, you know, a dog this dangerous will
bite anybody regardless if it's a child or not.
So I just wanted to add that, to me, I
don't think that she is dangerous because I have had
her around my God-son. He is only ten months. so
that's all I have to say.
MS. CAVANAUGH: So Mr. Pereira has owned
this dog for two weeks, and you have had --
MR. PEREIRA (FATHER): No, not for two
weeks. One month and two weeks.
MS. CAVANAUGH: Oh, one month and two
weeks. Six weeks.
MR. PEREIRA (FATHER): And she keep for
us.
MR. PEREIRA: She kept her like a
weekend.
MR. PEREIRA (FATHER): You know, we
going back and forth to New York to get cars, and we
don't have anyone to take care of dog, so we leave to
her house sometimes.
MS. CAVANAUGH: Anyone have any
WE
WILCOX & FETZER LTD
Registered Profestional Reporters
(G02) 635-0477
soi tet.com10
1.
12
13
14
15
16
17
18
19
20
21
22
23
24
64
If the owner disagrees with the
conclusion, a hearing before the Dog Control Panel may
be requested to present evidence as to why the dog's
actions and behaviors for which it was seized should
not be considered dangerous or potentially dangerous
as defined by the code.
Your dog, Jackie, described as a black
and tan Rottweiler, was seized and impounded on
July 11, 2014 due to an incident which took place on
July 11, 2014 at 1226 South DuPont Boulevard in
Smyrna, Delaware.
Jackie, as described above, was
impounded in apparent violation of this code for the
following alleged actions: Jackie, while running at
large, inflicted serious physical injury upon a human
being.
You disagreed with Delaware Animal Care
and Control's decision regarding the described
incident and requested a hearing. The Delaware Dog
Control Panel met tonight, August 5, 2014, to hear
your dispute of the charges brought against your dog
Jackie.
At the time of impoundment, your dog's
rabies vaccination status was not up to date and your
Wwe
WILCOX & FETZER LTD
Registered Professional Reporters
(202) 655-0477
‘worn. wilfet.com65
10
ree
12
13
14
15
16
17
18
19
20
21
22
23)
24
dog did not have a dog license.
Delaware Animal Care and Control
presented evidence discovered during their inquiry,
Case Number 147909, which caused them to find the
actions of your dog, Jackie, to be in violation of
this code.
Delaware Animal Care and Control
concluded that public behavior and/or individual
actions or a combination of both were in violation of
Subsection 926(a), dangerous and/or potentially
dangerous dog.
You requested the panel so you could
present evidence to not declare the dog to be a
dangerous dog.
Evidence presented to the panel included
a variety of fact-finding documents such as, but not
limited to, investigative reports, sworn statements
from victims, owners, witnesses, friends, neighbors,
or other people, testimony and photographs by both
Animal Care and Control and the owner of the seized
dog.
The panel found, based on the evidence
presented, that on July 11, 2014, Jackie did attack
and inflict serious physical injury upon a human
Ver
WILCOX & FETZER LTD
Agere Profesional Reporters
(G02) 635-0477
‘wri itetcomn10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
66
being.
The dog was at large and attacked and
bit a neighbor mitiple times. This was an unprovoked
attack, and the victim was on his own property. The
dog lunged at the victim and bit his arm, then
released the victim's arm four times and attacked
again.
The victim had to strike the dog with
his fist and then with a rock numerous times to get
the dog to release his arm. The victim sustained
multiple puncture wounds in addition to a
14.5-centimeter laceration to his arm and hand.
The findings of the Dog Control Panel
hearing: Based upon the evidence and testimony
provided to this panel during the hearing held this
day, under Delaware Code Title 9, Chapter 9,
Subchapter 2, Subsection 922 through 928, the Delaware
Dog Control Panel finds Jackie, owned by Walter
Pereira, to be in violation of Section 925 or 926 and
has been found dangerous.
The final order of the Dog Control
Panel: The dog is declared dangerous, and the owner
shall comply with the requirements set forth in 9
Delaware Code, Section 925(b) and (c) for keeping and
We
WILCOX & FETZER LTD
Registered Professional Reporters
(202) 655-0077
wove. corn10
1
12
13
14
15
16
17
18
19
20
21
22
23
24
67
maintaining such a dog.
So that concludes tonight's hearing, and
I have copies of our decision for everyone.
MR. PEREIRA (FATHER): Okay. Where does
the incident happen? What is the address the incident
happened?
MS. CAVANAUGH: 1226 South DuPont
Boulevard in Smyrna.
MR. PEREIRA (FATHER): Okay.
MS. CAVANAUGH: Is that correct?
MR. PEREIRA (FATHER): That's correct.
MR. PEREIRA: Excuse me. Will I be able
to get a copy of the transcript, as well?
MS. CAVANAUGH: TI believe. Hetti, you
can request the transcript?
MS. BROWN: You can request a copy of
the transcript at the County, at the Kent County
Administrative Complex.
MR. PEREIRA: All right. Thank you.
MS. CAVANAUGH: And we did not order
euthanasia, so you can get the dog back if you can
meet the dangerous dog conditions.
OFFICER WARBURTON: And we will explain
those to you.
wer
WILCOX & FETZER LTD
Registered Professional Reporters60
10
a
12
15
16
a7
18
1g
20
21
22
23
24
questions for this witness?
OFFICER AGUILAR: No.
DR. JONES: No, ma'am.
MS. CAVANAUGH: You are excused. Thank
you.
MR. PEREIRA (FATHER): We think we okay
with that.
MR. PEREIRA: I just have one more
question for the panel. If I do get my dog back, I
already have a vet set up for her to do the spaying.
But I don't know. They tell me they do spaying here,
and it states right here that Jackie, that the spaying
will be done prior to release from SPCA, and you, as
the owner, are responsible for the cost.
I'm just wondering, because of
everything that happened and because they denied my
visitation to my dog, and because she is sick and she
lost a lot of weight, I do not feel comfortable to
spay my doing with the AC-SPCA. Can I spay her with
my own veterinarian?
MS. CAVANAUGH: Usually, when people get
their dogs back after a panel hearing, and if we order
that the dog be spayed, then the dog has to be spayed
before it goes back to you.
We
WILCOX & FETZER LTD
Registered Professional Reperters
(02) 655-0477
‘wu vaftcom10
a
12
13
14
15
16
17
18
19
20
21
22
23
24
61
MR. PEREIRA: So it will have to be done
at SPCA?
MS. CAVANAUGH: Yes.
MR. PEREIRA (FATHER): All right. Thank
you.
MS. CAVANAUGH: You're welcome.
MR. PEREIRA (FATHER): We appreciate it.
MR. PEREIRA: Thank you. That's it.
MS. CAVANAUGH: So now we are going to
have a closing statement by Animal Control, and then
you can give a closing statement, as well.
OFFICER WARBURTON: Panel members,
Mr. Johnston, ladies and gentlemen, we believe we have
proven to the panel through witness testimony and
reports and statements that the dog, Jackie, owned by
Walter Pereira did, in fact, on July 11, while at
large, in an unprovoked manner, viciously attack
Mr. Johnston.
We request that the panel find Jackie as
dangerous in accordance with Delaware Code Title 9,
Subchapter 2, Subsection 925. Thank you.
MS. CAVANAUGH: You can make a closing
statement.
MR. PEREIRA: I would like to say thank
We
WILCOX & FETZER LTD
Reglstered Professional Reportere
(02) 655-0477
‘wo. lfet.com10
aw
12
13
14
15
16
17
18
19
20
al
22
23
24
62
you to the panel and thank you to everybody who showed
up today.
I would like to say that hopefully my
evidence, the testimonies I have provided, and the
witnesses, you could deem my dog not dangerous and
deem that the incident -- I won't deny it did happen,
but it happened because of something, something --
what's the words -- something triggered it, something
triggered it for the incident to occur.
I would just like to say that to the
panel. Thank you.
MS. CAVANAUGH: Thank you.
MR. PEREIRA (FATHER): (Using
interpreter) I also want to thank you. At the same
time, I want you to really consider that the manner in
which she was -- Jackie was restricted, that was a
mistake.
It wasn't an aggressive thing that she
like burst out of the restraint. And the external
conditions as far as the proof, that evidence E2, the
noise or something. I think that the noise factor
attracted her. Maybe that was -- had some impact on
that for her. Thank you.
MS. CAVANAUGH: Thank you.
we
WILCOX & FETZER LTD
Regleterad Professional Reportars
(G02) 635-0477
‘on ifecam10
uw
12
3
14
15
16
a7
18
19
20
21
22
23
24
63
MR. PEREIRA (FATHER): Thank you.
MS. CAVANAUGH: So the panel is going to
deliberate, and then we will come back and quickly as
we can and tell you our decision. Thank you.
(O£f the record deliberations
p.m. to 9:00 p.m.)
MS. CAVANAUGH: Are we ready? Everybody
returned?
So I'm going to read this statement.
Dear Walter Pereira: As noted in our opening
statement, the Delaware Code, Title 9, Chapter 9,
Subchapter 2, Subsection 925(a) states that a dog who
has inflicted physical injury upon a human or domestic
animal, killed a human or domestic animal, pursued a
person in an apparent attitude of attack, and/or was
used to facilitate animal cruelty or animal fighting
is in violation of the code and is a potentially
dangerous or dangerous dog.
According to code, such a dog must be
seized by Animal Care and Control and impounded until
a final decision is determined. The owner of the
seized dog may abide by the findings and conclusions
of Animal Control as per Subsection 925(c) of the
code.
We
WILCOX & FETZER LTD
Registered Professional Reporters
(G02) 655-0477
wer et com10
1
12
13
14
15
16
17
18
19
20
a1
22
23
24
CERTIFICATE
I, Lorena J. Hartnett, a Notary Public and
Registered Professional Reporter, do hereby certify that
the foregoing is an accurate and complete transcription
of the proceeding held at the time and place stated
herein, and that the said proceeding was recorded by me
and then reduced to typewriting under my direction, and
constitutes a true record of the testimony given by said
witnesses.
I further certify that I am not a relative,
employee, or attorney of any of the parties or a
relative or employee of either counsel, and that I am in
no way interested directly or indirectly in this action.
IN WITNESS WHEREOF, I have hereunto set my
hand and affixed my seal of office on this 14th day of
August 2014.
pnt
Lorena J. Hartnett
Registered Professional Reporter
We
WILCOX & FETZER LTD
Registered Professional Reporters
(G02) 655-0877
‘wn ifetcom10
a
12
13
14
15
16
17
18
19
20
21
22
23
24
MR. PEREIRA: All right.
(Concluded at 9:05 p.m.)
Thank you.
68
We
WILCOX & FETZER LTD
Registered Profesional Reporters
(202) 655-087
‘wveifetcorsDelaware Dog Control Panel
ITMO: DE Animal Care v. Pereira
Hearing
August 5, 2014
attacked (6) 5:20 | bed (1) 12:6 41:24 42:20 | 52:1 64:21 22:13 24:21
25 13:16 | Bee (a) 13:19 66:3,5 BROWN (1) 25:3,6 28:14
17:17,18 | bite (6) 12:21 67:16 34:17,20 37:8
before (5) 3:5 23:24 2 building 2) 10:1 | 38:11 39:22
44:14 57:1 32:3 34:8 59:5] 32:14 46:24 59:22
attracted (1) 60:24 64:2 | bites (1) 35:11 | bute (4) 12:6 63:20 64:17
| 62:22 boohait (8) 4:9 | iting @) 15:1 | bumped (1) 40:21 | 65:2,7,20
August (1) 64:20 | 9:321:425:3 | 41:8 bumper (1) 22:21 | caretaker (2)
auto (1) 29:2 34:17 41:15 | item (1) 14:7 | burglarizea (2) 28:7 33:24
aware (1) 54:15 | 43:17 58:11 | black (a) 6:16, 17:11,12 | earing (1) 51:5
away (4) 13:11 | behaving (1) 24 46:18 64:7 | burst (1) 62:19 | carry (1) 5:17
29:11 42:17 | 23:20 blacktop (2) 12:2, | business (6) 6:3. care (4) 43:14
43:13 behavior (3) 4 10:3,18 45:8, | 46:5 55:19
29:10 33:13 | bleeding (4) 14,20 59:21
B 65:8 13:2015:9, | businesses (1) ‘case (5) 7:22
i —| behaviors (1) 64:4 | 14 22:6 11:8 32:5 36:16
back (24) 10:22 | pehind (3) 10:24 | block (1) 14:14 | buy (4) 55:18 55:5 65:4
12:15,24 22:21 38:22 | blocked (1) 43:14 ~ cause (1) 5:13
13:18 15:3 | peing(a) 5:15 | blood (7) 13:22, c caused (2) 3:24
24:3,13 27:17 | 64:16 66:1 24 14:17 15:5 ~~ 65:4
28:9 29:18 | beings (1) 17:6 22:8 25:20 | eall (14) 8: 23 CAVANAUGH (85)
boliove (12) 7:14 | 26:4 2:1,3,6,12
10:24 13:17 | body (2) 43:21 7:4,18,20
48:9,10 55:22 | 16:3 27:15 54:19 2327:12,16, | 8:13,17,20
59:21 60:9,22, | 38:9 40:21 | both (7) 4:15 17 28:8 34:13 | 10:7,11 18:24
24 63:3 67:21) 48:7 49:6 5:5.17:17 3715 42:15 | 19:24 20:22
backed (9 13:11 | 53:19 61:13 | 40:5 54:1 51:23 23:5,13 24:9,
bad (2) 54:14,18 | 67-14 65:9,19 called (2) 14:4 12,17 31:2
badly (1) 8:3 believed (3) bottom (2) 16:4 33:18 32:4,7,11,16,
bank (1) 11:11 38:16 39:12, 18:20 calls (1) 21:1 24:34:11 36:1
bark (1) 12:19. 15 bought (1) 11:21 3746.10.28
barked (1) 59:1 | petonged (1) 33:3. | Boulevard (4)
barking (1) 29:15 |petongs (1) 21:15 | 9:22 21:8 a: 16 4a 19
barricade (1) 46:6 | post (1) 46:8 64:10 67:8 45:1,4 47:5,8,
barricades (1) | pottor (6) 8:21 | how (2) 56:22, 14,21 48:1,16,
46:7 38:24 39:3,11 | 23 : 21 49:8,13,20
barriers (1) 46:4 54:20,21 boy (1) 17:15 10 49:5 95:22 50:2 52:16,23
based (4) 4:18 | between (2) 10:2 [Branch (1) 19:7 | eamera (t) 3 $3:1,4,6,10,
7.17 65:22 46:13 brief (2) 3:16 camper (1) 12,16,22 54:9
66:14 beyond (2) 52:7 4:15 Captain (2) 6:18 55:2,7,23
basically (2) 87:24 brieny (1) 26:8 48:17 56:3 57:6,14,
12:19 49:23 | big (2) 13:8 bring (6) 37:24 | Gare (35) 2:23 20 58:8,14
Bayheatth (2) 23:10 41:11 51:15, | 3:35:116:20 | 59:10,14,24
14:5 15:18 biology (1) 15:24 | 18 55:19 8:22 9:3,17, 60:4,21 61:3,
Beatrice (3) 21:1, | bird (4) 24:4 bringing (1) 40:17 | 23 14:22 15% 6,9,22 62:12,
2:30:2 bit (14) broke (1) 12:10 17,17,19 24 63:2,7
becomes (1) 13:21 14:1,3 | brought (6) 7:16 16:15,24 67:7,10,14,20
53:19 16:22 17:8,19 | 29:3 51:1 20:24 21:4,12 | contor (2) 15:17,
Min-U-Seript® Wilcox & Fetzer Ltd. (70) attacked - center:
wow.wilfet.com
(302) 655-0477Delaware Dog Control Panel
aTMO:
DE Animal
Care v. Pereira
Hearing
August 5,2014
$
| adutt (9) 6:1,16,
24
$1,200 (1) 54:8
$25 (1) 40:24
$8,000 (1) 17:12
A
abide (2) 3:2
63:22
able (2) 51:11
7:
above (1) 64:12
accept (1) 51:21
accordance (3)
‘Administrative (1)
67:18
advise (1) 35:19
affected (1) 17:4
affidavits (3) 7:12
39:19 57:19
17:17,
21
after (19) 4:11,
15,22,24 14:4,
11,24 15:11,
16 22:15 26:2,
430:14,15
32:21 46:12
51:14 54:12
accident (1) 30:19 | 9.99
afternoon (1) 7:20
4:1 722 61:20 | ea sy 7:24
According (1) 8:8,8 12:24
on 15:24 16:16,
20 30:14 45:6
60:19 47:24 50:7
action (1) 50:10 51:13 52:6
|actions (7) 2:24 | 54:93 66-7
3:7 4:20 64:4, | against a) 14:7,
14 65:5,9 16 64:21
activities (1) jo x
52:10 “ul
ty (20:17 | soency (1) 40:17
actually (24) aggression (2)
1416 117 13:16 58:24
19:923:9 | agoressive (10)
34:5 35:16 29:6 36:22
38:15,17 39:8, | 37-1 38-19,19,
2040:2,3,21 | 99°57-13,15
42:2,3,21 59:3 62:18
44:8 48:11,11 | soroseively (1)
52:7,20 53:14 |**53°99,
54:21,22 | sao ¢3) 27:8
add (9) 54:3 31:12 54:22
56:13 59:6 | sersament (1)
addition (1) 66:11 |" 59.99
additional (2) AGUILAR (21)
4:13 33:13 2:8,8 20:2,20
address (4) 19:6,
8,12 67:5
52:24 55:9,13,
15 56:7,24
57:3,5,22 60:2
ahead (1) 48:22
alarmed (1) 15:13
Alexandria (5)
26:8 33:6
29 41:12,13
All (31) 3:10 5:4
7:15,22,23
39:12 43:7.15,
15 49:5 56:6
59:9 61:4
68:1
alleged (1) 64:14
allow (1) 52:8
allowed (1) 3:12
almost (3) 41:23,
24 42:20
already (4) 30:23
4 57:14
60:10
also (20) 4:12
7:12,24
17:23 24:7
28:15 39:6,19,
21,21,23 40:7
AU:1,11 48:2
52:20 56:13
57:18 62:14
always (4) 6:8
9:14 11:17
472
ambulance (1)
15:16
amount (1) 3:20
andlor (4) 2:20
63:15 65:8,10
animal (46) 2:18,
19,21,21,23
3:3 5:8,11
6:20 7:1 8:22
9:3,17,23
14:22 15:2,19
16:15,24
17:21 20:24
21:4,12 22:15
23:1 24:21
25:3,6,10
34:17,20 37:8
40:12 43:17
47:15 61:10
63:14,14,16,
16,20,23
64:17 65:2,7,
20
animats (1) 17:20
Anne (2) 2:3,
announce (1) 4:23,
another (5) 2:5
5:23 27:9
33:23 45:16
answer (3) 4:13
32:19 58:15
answors (1) 48:17
anybody (2) 20:5,
13 59:5
anymore (3) 47:5
$2:13,19
anyone (4) 23:24
47:5 59:22,24
anything (9) 8:4
20:21 22:19
42:11,16 46:3,
57:24 58:5
59:1
anytime (1) 33:23
[Anyway (3)
12:13 14:3,14
apartment (5)
51:21 53:10
$5:12,13,16
apologize (1)
18:16
apparent (3) 2:20
63:15 64:13
appreciate (4)
32:10,10
37:3 61:7
appropriate (2)
38:15 53:20
approximatoly (6)
6:23 8:6 25:7
31:11 56:16,17
Apri (1) 17:11
area (3) 10:15
14:19 51:13
orm 2 12:20,
2
arm! (1) 22:7
around (15)
10:15 11:14
12:14 17:11
18:11 20:17
22:4,13 40:6
42:5 $5:21,22
58:23 59:2,8
arrival (1) 25:15
arrived (5) a 16
artory (1) 15:11
aside (1) 46:3
ask (8) 8:10
13:9 19:1,3
32:8 34:4
37:15,16 46:9
48:2 52:24
53:2 55:3
58:3,15
asked (10) 12:14
26:18 27:10,
11 28:68
29:12 33:16,
1939:
asking (2) [1:19
19:17
asks (1) 8:11
assembling (1) 7:8,
assume 2)
50:13,14
attack (@) 2:20
5:18 6:15
17:4 61:17
63:15 65:23
66:4
Min-U-Script®
Wileox & Fetzer Ltd,
www.wilfet.com,
(02) 655-0477
(6) $1,200 - attackDelaware Dog Control Panel Hearing
ITMO: DE Animal Care. Pereira August §,2014
deemed (3) 7:2, 2:24 3:14 24 22:17,20, | 18,18,19 28:2,| 34:16 41:14
1441: 47:22 22,23 23:8,11,| 243215 58:10
dofend 2) 17:7 | determine (3) 17,18,20 24:2 | 38:2042:6 | DuPont 4) 9:22
: 4:18 26:24 25:21 26:2,11,| 51:14,15,16, | 21:8 64:10
DEFENDANT (2) 47:20 11,23,24 27:1,| | 2152:11 57:1 | 67:7
41:15 58:11 | determined (2) 7,8,10,13,20, | 59:3 60:22 | during (7) 4:19
dofined (3) 3:9 AT:11 63:21 | 23,24 28:7,14, | dog's (9) 2:24 26:17 35:13,
4:21 64:6 _| development (3) 15,16,21 29:1,| 4:20 7:4 26:6 | 14 52:9 65:3
éofinitely (1) 112 4,6,13,14,15, | 29:4,10 35:1 | 66:15
29:11 DF (1) 6:10 16,18,20 64:3,23 duty (1) 36:13
Delaware (37) diferent (4) 31:11,19,24 | domestic (4) 2:18,
2:6,9,11,14, | 16:2333:17 | 32:20,20,22 | 19 63:13,14 E
16,23 4:1,21 | 40:3 48:7 33:3,8,20,24 {dono 7) 11:18
5:11 6:20 7:2 | aifficutt (1) 23:17 | 34:1,2,835:5,| 14:12 44:14 |€2(2) 50:13
difficulty (1) 38:9 11,14,15,17, 56:24 62:20
: DiRecT (6) 9:3 18,19,20,21 E7 (2) 28:23
16:15,24 19:7 | 21:4 25:3 36:22 37:1 31:13
20:24 21:12 34:17 41:15 38:11,16,18 each (6) 3:17
24:21 25:6 S811 39:13 40:13, 4:4,7 16:23
34:20 37:8 | airt(@) 12:12 22,24 41:2,2, 56:22,23
43:5 61:20 14:15,16 6,7,23 42:20, | doorway (1) 15:3 | earller(5) 12:10
63:11 64:11, | disagreed (1) 21,24 43:7,19, | double (1) 43:22 17:10 20:8,10
17,19 65:2,7 | 64:17 20,23,24 44:1, | Dover (1) 43:5 21:20
66:16,17,24 | disagrees (2) 3:4 5,20 45:7,14, | down (9) 12:8, | easier (1) 41:1
Delaware's (2) 64:1 16,18 46:4,17 | 10 13:4,7 | easily (1) 30:1
2:15 3:22 discovered (1) 47:1,1,4,11, 18:1,6,10 ‘eating (2) 45:18
deliberate (1) 63:3 | 65:3 | 12,16,16,20, | 19:19 25:17 | 54:22
deliberations (3) | discussing (2) 22.48:12,13 | pR(9) 2:10 ier (2) 20:6,15
4:16,22 63:5 | 41:20 42:18 49:7,10,24 10:13 23:15 elements (1) 5:12
delivered (1) dispatched (1) 50:10,16,19 Eitfott (6) 21:1,2,
40:15 S11 51:2,5,18,22 6 30:3 55:23
demeanor (1) dispute (1) 64:21 | $2:2,6,8,11, else (6) 13:6
: distance (1) 9:14 | 13,18,22 53:4, | dressing (1)
doniod (2) 48:11 | documents (1) 5,6,8,12,13, | 16:22
60:16 65:16 18,19,21,21, | dressings (1) Emergency (1)
deny (1) 62:6 | Dog (ata) 2:14, 22 54:4 55:20,| 16:17 30:16
describe (2) 15,17 3:2,6,7, | 24 56:3 57:13 | drinking (1) 54:22 | employed (2)
10:15 21:20 | 18,22,245:11,/ 58:22 59:4,11, | rive @2) 49:17, 25:6 34:
described (3) 13,19,216:1, | 22.60:9;17,23,/ 21 employee (1) 6:
64:7,12,18 3,913 8:6 9:7, | 23 61:15 62:5 driveway (4) compty (1) 56:11
describing (4) 10,11,13,16 63:12,18,19, 1 11:20 [enough (1) 12:20
6:15 12:19,23 13:5,| 22 64:2,7,19, | 14:13 25:16 | entatlea (1) 35:7
designee(1) 2:7 | 9,1414:6 | 24 65:1,1,5, driving (4) 50:9 | eaulpment (1)
deteriorated (1) 16:1 17:7,9, | 11,13,14,21 | drop (4) 41:3,4, 17:13
48: 14,15,17,23 66:2,5,8,10, 5,6 ER (1) 22:16
Aoteriorating (1) 18:4,9,9,10 13,18,21,22 | due (1) 64:9 escape (1) 44:8
12:7 20:9 21:11,14, | 67:1,21,22 | uc (6) 9:2 escaped (1) 44:5
determination (3) 20,21,22,23, dogs (18) 17:5,5, | 21:3 25:2 establish (1) 3:18
Min-U-Seript® Wilcox & Fetzer Ltd. (72) deemed - establish
‘wwwawilfet.com G02)
655-0477Delaware Dog Control Panel Hearing
ITMO: DE Animal Care v. Pereira August 5, 2014
17 63:11,17,19, [confined (1) 34:2 | 67:13,16 dad's (2) 51:19
hair (3) 2:5 24 64:6,13 | conform (1) 3:11 | Commer (3) 11:9. 52:12
8:19,24, 65:6 66:16,24 | connect (1) 49:18 22:13 25:19 | daily (1) 52:9
chairperson (1) collar (3) 43:20 | connected (1) correct (8) 30:3, | danger (1) 23:11
24 46:16 47:3 46:20 1135:5,6 Dangerous (44)
change (1) 39:8 | combination (1) ‘consider (1) 42:1 45:11 2:15,15 3:1,1,
‘changed (2) 65:9 62:15 67:10,11 | 8,8,18,19,19
16:18,22 Come (15) 2:4 considered (2) cost (1) 60:14 5:12,12 6:9
Chapter (4) 2:16 11:17 12:9 3:8 64:5 cough (1) 48:8 TA1,2,15 8:9
7:3 63:11 23:21 24:13 | considering (1) _—_ could (11) 13:8 40:13 41:1
66:16 25:17 30:18 6:11 26:18,24 27:3, | 47:11,12,16,
charge (1) 40:18 33:4 36:14 | contact (9) 25:14, 12 28:8 3: | 17,20,22 49:6,
charged (1) 6:10 42:14 49:4 18 26:6 30:16, | 52:1,8 62:5 11,12 58:22
charges (3) 41:3, | 51:17 57:17 2133:435:1 | 65:12 59:3,4,4,7
4 64:21 58:8 63:3 36:6,8 couldn't (4) 13:5 61:20 62:5
Charlie (5) 10:18 | comes (1) 42 contain (1) 46:4 16:21 23:22 | 63:18,18 64:5,
11:16 12:13 | comfortable (3) _| contained (2) 42: 5 65:10,11,14
13:13 50:22 18:12,13 41:24 42:20 | counsel (1) 6:19 66:20,22 67:22
heck (1) 45:17 60:18 continue (1) 56:7 | counted (1) 16:3 date (4) 36:6,9
2: County (4) 28:15 39:8
ehecked (1) 45:15 | coming (2) 13:22
child (1) 59:5, 14:1
53:13 67:17,17 | day (13) 16:20,
childron (3) 6:12 | community (2) 5:8,11 6:20 23 36:13,14
40:5,6 3:15 6:8 8:23 9:18,23 40:24 42:3
cinderblock (1) | completoly (2) 14:22 15:2,19 | 16:6,17,22 48:10,18 52:2,
12:7 16:2,21 16:16,24 21:1,| 27:8 957:9,11
citations (1) 35:10 | complex (2) 1222:15,23 Jeourse(t) 50:17 | 66:16
cited (1) 35:10 51:21 67:18 JcoverpaLe (4) [days (5) 12:9
clarification (1) | comply (1) 66:23 58:7,9,12,21 | 16:17,20
47:24 computer (1) ‘covered (1) 12:2 | 54:22 56:19
clarity (2) 4:14 | 49:18 cross (3) 4:9,12 | dealer (3) 51:14,
| 50:18 concern (1) 6:10 43:17 16,17
clasp (1) 44:23 | eoncerning (1) cruelty (2) 2:21 | dealership (1)
classes (4) 39:2. | 3:23 63:16 51:19
51:6,10,12 | concludes (2) cumulative (1) 4:3 | ear (1) 63:10
eloanod (3) 65:8 68:2 eontroting (2) | current (11) death (2) 13:20
12:11 42:8,8 concludes (1) 21:21 23:17 | 26:2327:2,7, | 15:9,14
lear (1) 50:19 672 Controls (1) 13,23 28:2,15 | deatht (1) 22:6
clearly (1) 4:4 | eonetuston 4) 3:3, | 64:18 30:22 31:19, | decide (3) 7:
Clinic (1) 30:16 54:23 64:2 | conversation (¢) 2433.19 47:17 48:22
clip (2) 46:18,20 | contusions (1) 26:17 35:8, | customer (4) docided (1) 35:17
close (2) 9:9 63:22 13,14 41:21 42:19 | dectston (6) 4:24
eee: conditions (3) ‘cooperative (2) 44:11,12 5:3 63:4,21
closer 1) 20:12 | 28:23 62:20 | 28:18,20 | customers (2) 64:18 67:3
losing (5) 4:15 67:22 copies 2) 39:23 | 42:13 44:10 | dectare (1) 65:13
19:15 61:10, | conducted (1) 673 cut(t) 54:11 |dactarea (4)
| 11,22 4:16 copy (7) 5:1 seagrass 100122
Code (13) 2:16 | conducting (2) 19:5 39:6 D deem (3) 49:10
3:97:2 61:20 | 45:14,20 47:10 52:20 62:5,6
Min-U-Seript® Wileox & Fetzer Ltd. (71) chair ~ deem
worw.wilfet.com (302) 655-0477Delaware Dog Control Panel
Hearing
ITMO: DE Animal Care v. Pereira August 5,2014
aiven (2) 33:14 14:19 42:24} 10:23, hor (65) 7:11 15,16 36:8,18
34:12 grandehitéren (1) | hazard (1) 4:21 21:24 | 39:12.40:8
siving (1) 21:24 ; Hazel (3) 17:17, | 24:128:6,8 | 42:15 52:24
glad (1) 17:9 grandkids (1) 18:7 20 22:10 29:12,13,16, 54:13,15,16,20
glasses (1) 18:16 | Greenway (2) he (94) 3:5 8:2, 18,19,21,21, | his (27) 6:6
go (9) 26:6 43:5 51:20 5,99:11,11 br ,23,24,24 10:11 22:9,10,
30:20 34:8 guess (6) 15:24 | 10:19 11:17, 14.26:12
48:11 51:11, | 44:23,24 19 12:10,15, 27111114
19 52:9 54:18 45:23 55:10 20,21,21,24 30:18 31:9
55:18 uy (1) 50:24 13:1,2,13,15 it 21,23,24 | 35:5,16 38:20,
God (1) 22:12 | guys (6) 7:15 23:21,21,23 | 39:1,3,3,11, | 2240:12
God-son (2) 23:18 39:24 25:19,20 26:1,| 12 40:21 42: 41:10 51:5
58:24 59:8 49:18 54:24 | 16,19 27:6,6, | 10,24.44:7,9 52:19 54:13,
900s (1) 60:24 58:5 78,10,11,11, | 45:15,18 48:3, 17,18 66:4,5,
‘going (26) 2:2,2, | guys' (1) 39:23 14,17 28:10 x 6 49:4,5 9,10,12
12 5:7,8 12:1, eee hit (3) 12:24
17 16:11 17:7, H 31:8,10,10 13:8 17:24
10 24:22 33:14,16,17, hitting (2) 12:22
26:22,24 ‘hate (4) 31:12 18,19,20 58:15 59:8,18,| 13:5
2716 28:11, |hend (9) 12:22 35:10,13,17, | 23 60:10,19 — |Hotaing (4) 9:7
13.29:8 45:23 | 16:5 66:12 18,19,21,21 62:22,23 hotter (1) 22:6
47:17 50:7 |handed (1) 26:19 | 38:14,18,18, | Hore (20) 2:5,5 | hollered (1) 22:10
52:12,21 [Handing @) 22,22:39:11, | 8: :19 | hottering (1)
59:21 61:9 28:22 30:10 | 11 40:12,14 13:12
63:2,9 hhandle (1) 13:8 41:1,2,3,5,6,9 home (4) 10:15
gone (2) 13:18 | happen (6) 5:7 43:151:5,9 | 24:2225:18 27:3 30:14
52:6 26:22 28:11 | 52:4,5 54:11, | 27:2229:19 | 32:2
Good (13) 5:9 53:16 62:6 14,15,16,17, 31:23 37:19, | hope (4) 7:15
7:7,20,22 9:5, | 67:5 21,22 59:8 24 40:8 47:3. | hopefully (2)
613:3,21 [Rappened(14) head (1) 5:22 48:15,18.49:3,| 52:21 62:3
17:15 21:6 17:22 18:5 peatth (2) 48:3,4 7,11 50:4 hoping (1) 5:4
39:14 49:24 25:23 3 | hear (10) 3:23 55:19 57:9 | hospitat (4)
50:1 42:3,4 48:18 | 5:19 6:14,23 | 60:11,12 15:15,23
‘good-sized (1) 90:3,18 51:3] 7:10,16 8:21 | Hewi (1) 67:14 26:1 30:14
10:22 54:12 6 22:4 57:20 | Hi@y 7:19 hot (3) 21:22
got (20) 9:11 62:7 67: 64:20 2 23:9 56:19
12:24.13:2 happy (1) 23:23 | hoard (4) 22:6 | nit (1) 1221 hour (1) 5:5.
17:10,14,15 [hard () 17:24 | hearing (12) him (42) 8:2 house (18) 10:11
22:9 25:17 21:21 22:1,20 | 15,16 4:19 10:21,21 11:20,21,22
27:8,10 29:18 23:18 47:15 48:13, 12:14,15,16, 12:16 13:2,15,
30:14 31:14, | Hardee's (2) 11:6 6 64:2,19 22 13:15,16,
15 38:21,24 43:12 66:14,15 67:2] 17 19:2 22:22
39:12 54:14, |harmess (9) hearings (1) 3:10 | 23:22 24:2 25:19,21
17,21 43:21,22,23 Hearsay (1) 3:12 | 25:18 26:5,14,| 38:22 59:23
gotten (1) 6:4 44:1,2,6,19, | nota (2) 23:8 21,22 27:10, | houses (3) 10:20
grab (2) 46:16 22 46:3 66:15 16,16 28:9,11 | 40:4,5
472 Harris (1) 10:23 | potp (2) 13:13 30:21 31:14, | housing (2) 11:1,
grabbed (3) 5:21 | Harrison (1) 57:12 1635:4,9,10, | 2
Min-U-Seript® Wileox & Fetzer Ltd, (74) given - housing
wwwewilfet.com
(3012) 655-0477Delaware Dog Control Panel
ITMO: DE Animal Care v. Pereira
Hearing
August 2018
euthanasia (1) 26:5 34:12 23 48:24 38:10 39:11 frienas (4) 7:13
67:21 37:6 47:8 60:4| 49: 41:14 44:15, | 39:20,21 65:18
even (8) 8:5 executive (1) 4:17 16 46:21,22, | front (4) 6:21
3 expect (1) 3:21 2447:151:5 | 45:17,24 58:2
experience (1) 57:4,5 58:10, | run(s) 4:5
58:20 12,21 funny (1) 13:12
explain () 11:15 firstaime (1) 38:16 | furiosity 2) 5:18,
28:9,11 34:1 fist (1) 66:9 19
| 67:23 fitting (1) 44:4 | further (6) 18:22
explained 2) five (2) 15:20 19:22 23:4
every (2) 45:15 25:21.28:1 | reodor (1) 34:4 16:16 34:10 38:12
5 explaining (3) foo (5) 8:3 flash (2) 49:17, 44:17
everybody (4) 34:7 35:9,15 | 18:12,1329:9 | 20
37:19 38:7 exposed (1) 6:12 | 6 floor (1) 42: 7 G
62:1 63:7 __| external (1) 62:19 | footings (1) 18:8
everyone (1) 67:3 |eyewitnesses (1) | feet (1) 17:24 garage (18) 20:9
everything (4) TU fellow (1) 12:9 | folders (2) 39: 7, 21:22,23,24
13:6 42:9 female (3) 6:2, 24 23:9,9,22,23
| 45:2 60:16 F 16 7:1 followed (1) 42:21 | 32:11 42:6
evidence (31) 3:6, [| ew (2) 6:2 Following (4) 4:7 | 55:21,24 56:8,
12,12,13,23 | facttate 2) 2:21 | 4]; % 9,11,11,15
4:2,8,18 5:4 | 63:16 field (1) 10:22 64:14 S72
7:16 9:18,24 | facility (1) 27:5 |fietds (1) 10:16 | FOLLOws (6) jash (2) 16:1,3
14:23 15:2,20 | fact (2) 15:11 fighting (2) 2:21 9:2 21:3 25:2 | gauze (1) 16:11
16:16 17:1 61:16 63:16 34:16 41:14 | gave (9) 27:11,
21:12 27:19 | factfinding (1) |g 2) 28:3 58:10 14 31:11
28:22 37:11, | 65:16 30:11 food (4) 11:7 38:14 40:11
24 49:14 62:4, | factor (3) 5:23 | ating (4) 24:4 42:9 45:18 41:3 42:9
20 64:3 65:3, | 6:9 62:21 final (4) 5:3 56:23 47:19 54:16
13,15,22 66:14 | factors (2) 5:16, 63:21 | forth (ay 59:21 | gonoral (1) 55:3
exactly (2) 32:17 17 6 66:23 gentlemen (2)
33:18 faliure (4) 35:11, | many (2) 13:10, | round (a) 15:11 5:10 61:13
‘examination (8) 12. 41:6,6 10 65:22 66:20 | got(82) 2:2 5:4
4:129:3 21:4 |faling 12:8 moan 27:12, |rour 5:20 8:14 11:17,18
25:3 34:17 | false (1) 56:1 13:5,17,19
41:15 43:17 | fan (2) 23:10 21:23 22:7,22
58:11 56: 23:22 24:29
‘examine (2) 4:9, | far (2) 43:12 findings (@) 3:3 28:3 30:17,22
ll 62:20 63:22 66:13 foun) 14:7 42:11,15 49:9
‘example (3) 3:18 | fast (1) 11:6 finds (1) 66:18 53:21 54:11,
5:13 50:12 | FATHER (45) fine (5) 18:9 frame (1) 17:11 13,20 55:15
except (2) 47:12 7 44:13 54:17 | free (2) 42:11 56:19 59:21
5 57:21,22 56:8 60:9,21 66:9
exclude (1) 4:1 First (27) 2:2 5:7 | Frenchman (2) 67:13,21
Excuse (4) 24:7, 7:22.9:2,10 19:7,12 getting (1) 22:20
9 58:14 67:12 16:14.21:3 | Friday (6) 20:3,4, | sive 7) 33:13
excused (7) 25:2,16 30:15 | 5 48:10 54:6,7| 36:9 39:3,4,
20:23 24:17 ao: 1046:15, 34:16 37:18 | friend (1) 13:19 11 54:19 61:11
Min-U-Seript® Wilcox & Fetzer Ltd. (73) euthanasia - give
wowwilfet.com (02) 685-0477Delaware Dog Control Panel Hearing
ITMO: DE Animal Care v, Pereira August 3, 2014
tikes (1) 17:20 12:21 13:21 | motivations (1) 21 8:14 49:13
1h (1) 65:17 M 15:10 18: 50:12 58:14
tine (4) 10:2,5,8 29:6,15 44:3 | mound (1) 14:15 | needed (6)
11:2 matam (14) 7:6 46:5 50:21 | move (1) 52:21 | 26:22 27:13
litle (8) 12:10, 23:5 26:9 meant (1) 21:21 | much (2) 8:2 28:9,10 29:14
12 14:3 16:6 | 28:17 30:4,12 | medicine (2) 48:8 | 44:3, 56:21
17:8 29:7 31:4 32:13 54:16 multiple (2) 66:3, | neighbor (10)
46:18 53:24 | 43:19 53:3 | moet 1) 67:22 I 11:16 12:13
live (14) 9:21 60:3 meeting (1) 3:15 | must (4) 2:22 13:13 41:20,
17:17 19:9,11, | machine (1) moots (1) 4:20 5:13 41:23 21 42:19,22
1221:7,8 12:10 mombers (5) 2:3 | 63:19 46:11 50:22
22:13 43:3,4, | macro (1) 6:11 3:22 5:10 7:7 |my (67) 6:18,19 | 66:3
551:15,20 | made (3) 25:14, 61:12 710,16 8:5 neighborhood (2)
53:6 18 30:16 mention (4) 38:8, Us 16,20 17:9,15
lives (2) 21:14 | main (1) 32:14 12 40:8,12 nelghbors (3)
: ‘maintaining (1) | mess (1) 12:11 41:22 43:11
living (2) 28:24 2 set (2) 5:13 65:18
38:21 major (1) 5:17 64:20 18:6,16 22:7 | neighbor's (3)
oad (2) 29:13, | majority (4) 51:16 | might (4) 17:22 30:18 32:21 20:6,15 43:13
16 make (9) 5:8 18:1 33:14 36:6 39:1 | nervous (2) 29:7,
loading (2) 22:16 26:6 30:20,21 | 53:21 40:13,24 41:2, 8B
23:18 32:5 37:12 | mina (1) 50:9 2,1144:16 neutered (2)
located (2) 28:21 | 45:15 50:19 | mine (2) 7:13 ,23, 53:23 54:1
43:8 61:22 39:20 48:12 49:1,7, | never (10) 9:9
location (1) 28:23 | making (1) 12:3 | minutes (2) 6:23 10 50:9,10 13:15,16
locked (1) 21:22 | manner (2) 46:13 418,19 17:24 23:11
long (7) 8:21 61:17 62:15 | mistake (2) 47:3 | $2:1,9,12,22 | 36:22 507.20
21:23 24:5 [Manufacturing (2) | 62:17 55:12,18 56:8 | 58:24 59:1
25:5 34:19 10:23,24 | mnixaa (4) 18:8 now (4) 11:22,
46:9,14 many (3) 13:9 | mode (1) 30:19 5s
look (4) 5:16,23 | 33:34 moment (1) 50:17 0 19,20 62:3,
18:19 50:13 | Mariano (12) Monday (1) 8:2
looking (1) 6:10 22:2,23 month (6) 8:6,7 eaarey 26:5 | next (10) 6:6
looks (1) 45:7 23:17 26:18 | 31:12,12 52:7 12:18 19:8
loose (3) 44:2 28:1,12,18 59:13,14 25:22,22 26:6
47:2,2 29:2,3 33:6 | months (7) 25:7, N
Tose (1) 6:5 41:12,13 8 34:21,22
lost (1) 60:18 mark (1) 38:1 53:19,19 59:8 | name (12) 4:5 nice (1) 29:16
fot (9) 5:17 8:14 | Marvin (4) 27:14, | mora (5) 8:19 6:18 20:8 | night (6) 21:23
17:6 29:2. 15 33:12 38:12) 14:12 52:15 | 26:12 27:11, | 30:20 55:10,
43:14 48:19 | may (8) 3:2,5, 57:6 60:8 7 33:17 35:2 | 10 56:6
50:14 59:2 13 4:1,11 morning (8) nine (2) 16:4.
60:18 56:7 63:22 20:10 21:6, 55:22
touder (1) 8:12 64:2 20 22:5 42:5 | namely (1) 37:14 | noise (3) 50:14
lover (1) 17:21 | maybe (5) 8:7 55:17,22 56:5 | near (2) 43:11, 62:21,21
Luke (1) 2:10 11:3 50:14,15 | mostly (1) 10:16 12 north (2) 10:21
tunged (2) 5:19 62:22 ‘motivated (1) [necessarily (1) 8:4 | 11:16
5: mean (10) 10:17 | 50:15 need (5) 3:11, | note (1) 48:9
Min-v-Seript® Wileox & Fetzer Ltd, (76) likes - note
www.wilfet.com
(302) 655-0477Delaware Dog Control Panel Hearing
TTMO: DE Animal Care v, Pereira August 5, 2014
Hoyle (12) 16:10 | 63:13 64:15 | 1414:24 keep (4) 37:13
24:22,24 25:1, | info (1) 28:3 27:21 33:14, | 52:18 59:16
531110 inferma(t) 3:10 | 17.35:5.37:20,|kaoping( 66:24 | 421,21 47:10
32:13,17 information (4) 20 38:14 | kennet (7) 29:24 | taws (1) 47:10
35:15 36:9,11| 8:15 28:4 39:22 40:2,3, | 30:1 38:22 1
Hulse (2) 40:8,22 | 33:13 56:2 5.41:23 42:8 | 48:6,8 49:4,23 | leading (1) 50:11
human (@) 2:18, | injury (6) 2:18 46:10,12 55:8, | Kent (3) 28:15 | learning (1) 26:
195:14 17:6 | 5:14,14 63:13 53:13 67:17 | lease 2) 52:
63:13,14 64:15 65:24 kot (6) 17:24 53:1
64:15 65:24 | inoculate (2) 34:2. 42:7 Jieash (3) 29:21
humans (1) 33: 35:12 41:7 $5:2159:18 | 42:11 46:3
Inoculation (5) 14,22 65:5.23 ited (2 2:19 | Leavo a) 57:2
_ 26:23 27:2 63:14 59:22
[| 28:232:1 | Jackie's (1) 48:3. | kim (1) 6:19 leaving (1) 30:15
idoa (1) 19:21 33:19 dames (2) 8:23 [kind (7) 12:16 | tote (13) 10:5,18
identify (3) 16:18 inquiry (1) 65:3 9:1 25:22 29:7
18:14 27:20 | inside (4) 23:9 | Jamie (1) 22:6 31:5 33:15
(4) 25:17 29:24 42:13 | Johnston (30) 46:6 54:9 23:10 38:11
immaterial (1) 4:2 54:18 5:10,20,21 kinds (1) 48:7 43:1 55:21
immediately (1) | instructions (1) 6:6,21 8:1,23 | knew (1) 12:18 56:15,18,22
15:15 3:16 9:1,5 14:6 | knotted (1) 42:10 | Lenny (1) 2:8
immunizations (3) | intend (1) 3:17 19:5,11,15,20, | knowledge (1) letter (4) 4:24
51:7,9,12 |intoractoa (1) 7:13 | 23 20:321:9 | 46:8 40:9,11 41:10
impact (1) 62:22 | intorested (1) 22:16 30:13, | knows (@) 8:2,5 | level (2) 4:21
Impounded (6) 42:14 17 48:19 50:3,| 17:19 17:6
2:22 3:2 4:20 | interpreter (13) 5,19 51:2 license (5) 28:16
63:20 64:8,13 | 8:11 31:9,13, | $2:4,12,15 i 35:12 41:6
impoundment (t) | 17,21 32:19 | 61:13,18 53:13 65:1
64:23 36:5.46:15 Jones (10) 2:10, | 'abel(1) 40:13 | consea (1) 27:4
incident 29) 3:24 | 49:1 50:7 10 10:13 laceration (1) Hcensing (1)
5:24 6:11 8:1 56:13 23:15 24:6 66:12 38:17
9:10 20:7,13 14 33:11,21 ladies (2) 5:10 life (3) 39:1,3,11
27:2 32:22 | interviewed (1) 57:24 58:4 61:13 like (40) 7:6,9
37:14.40:22. | 39.2 . lady (2) 13:17 8:23 9:18
43:2 45:19 | interviews (1) 20:9 11:24 12:6,18
46:12 48:15 | 33:04 large (6) 14:20 175,614
50:4,20 51:15 | introduce (2) 2:3 35:11 41:8 18:6,10,19
53:1754:13 | og 61:17 64:15 | 97:1828:7
55:11 57:10, | investigative (1) 66:2 29:7,7 33:20
11 62:6,9 65:17 last) 28: a 34:13 37:12
64:9,19 67:5,5 | relevant (1) 4:2 39:24 41:11
included (1) tssues (1) 18:11 42:9,12 45:7
65:15 v(x) 54:20 I later (5) 16:20 46:2 48:6
Indicating (1) 19:2 24:10 50:9 54:3
56:17 J K 30:20 39:8 56:13 58:6,13,
individual (1) 65:8 ae LamisHa (1) 58:9 | 17,22 59:1.18,
inflict (1) 65:24 | Jackie (38) 6:1, | Ke-SPCA (1) Laughing (1) 17:3 | 61:24 62:3,10,
inflicted (8) 2:17 | 16,247:10,13,| 47:19 Laughter (1) 19
Min-U-Seript® ‘Wilcox & Fetzer Ltd. (75) Hoyle - like
www.wilfet.com (302) 655-0477Delaware Dog Control Panel Hearing
TTMO: DE Animal Care v, Pereira August 5, 201.
11,14,18,24 | 48:3 60:13 162175 | 54:13,17 64:24
54:5,7,21,24 |place () 14:5. | probably 2) 22:9 29:24 | raise (1) 17:18
35:5,12,14,17 | 48:22 52:7 16:19 24:3 32:21 37:23 | ran (2) 22:8
56:1,5,6,10, | 64:9 problem (3) 41:1042:24 | 25:22
12,18,20,22 | plaimy (1) 4:2 17:16 51:2 43:22,23 44:1, | rank (2) 25:9
57:2,4,8,16, | plans (1) 55:18 $23 3 51:14 52:18| 34:22
17,18 58:3,5, |plaza(1) 11:10 | procedure (1) = [ | rather (1) 12:3
16,19 59:10, | Please (6) 8:17 28:1 Q | reached (1) 13:7
12,16,18,20 26:12 _ | procedures (2) reaction (2)
60:6,8 61:1,4, 4,20 35:2) 34:8 48:22 | auarantine (4) 54:14,18
7,8,16,24 | plus (1) 54:14 | proceed (1) 8:17 | 19:6 36:19, yeaa a) 2:12
62:13 63:1,10 |pm(a) 11:14 | process (1) 34:7 | 20,23 63:9
66:19 67:49, | 63:6,6 68:2 | produce (1) 4:8 awarantined (4) eating (4) 4:23,
11,12,19 68:1 | point (3) 17:21 | proot (6) 49:15 27:1,3,4 32:1 | 24 11:18 47:9
Pereiras (1) 5:24 | 26:3 42:2 50:13 51:9 | question (12) ready (1) 63:7
permission (1) pole (1) 29:22 53:15 55:6 19:5,18 really (9) 27:13
48:11 Police (1) 2:9 62:20 23:16 31:6 38:23 42:16
person (10) 2:19 | populated (1) 11:3 | property (24) 6:6 32:19 33:2,12,| 4824.17 50:2,
20:11 27:9 — |possibly (2) 27:3 | 10:2,5,820:6,| 23 53:2 55:9 | 9 55:7 62:15
33:7 35:11 32:1 6,15 33:3 56:14 60:9 | reason (6) 31:13,
41:8 51:8 post-bite(1) 19:6 | 34:1,2 35:22 |questioned(1) 5:5 | 15 36:6,8
52:16 57:18 | Potentially (9) 42:14,17 43:1 | questions (28) 46:24 51:18
63:15 2:15 3:1,8,19 | 45:8,10,13,24 | 4:14 18:23, | Rebecca 2)
personal(1) 49:1 | 5:12 47:11 46:7,11 52:19 | 24 19:1,3,22, | 34:14,15
personally (1) 63:17 64:5 $3:7 55:11 24 23:4,6,13 | recaut (1) 4:13
58:3 65:10 66:4 31:1,2 32:7 | receipt (1) 39:7
phono (7) 26:10, | prefer (1) 8:19 _| protection (2) 34:10 35:24 | rocoived (1)
14,19,20, preponderance (1) | 35:14,22 36:1 37:4,5, 51:23
27:11 28:5 : prove (2) 6:24 16,16 43:16 | recognize (2) 9:7
51:23 present (7) 3:6, 49:11 44:18 45:4 2U:11
Photograph (1) 9:8 | 2037:11 40:5 | proven (1) 61:14 | 47:655:4 | record (3) 4:5,24
photographs (1) 49:14 64:3 | provide (1) 35:12 | 56:8 58:15 25
65:19 65:13 provided (4) 4:19 | 60:1 recorder (1) 49:1
photos (1) 14:2 _| presentation (1) 5:1 62:4 66:15 | Quick (1) 23:16 | recording (1)
physical (7) 2:18 3:21 providers (1) 32:3. | quickly (1) 63:: 49:16
5:14,14 46:4 | presented (4) 5:4 _| proximity (1) quiet (2) 29:20, | recordings (1)
63:13 64:15 | 65:3,15,23 20:12 23 49:22
65:24 pressure (1) public (4) 3:11 | quite (4) 13:21 | redeem (1) 41:2
picked (1) 13:7 44:24 4:21 5:23 65:8) 14:1 16:21 | referring (1) 32:12
pickup (2) 43:8,8 | pretty (3) 13:21 | pulled (1) 25:16 17:19 rofute (1) 24:14
pleture (9) 6:11 15:13,13 | puncture (3) 16:4, 7 rogard (1) 35:4
14:11 16:14, | previous (4) 5 66:11 Regarding (2)
18 21:11 11:23 31:7, | purchasing (1) 31:21 64:18
29:14 30:18, | 2033:16 42:15 rane 1) 26:23 | rogaraoss (1)
22. 45:6 prices (3) 41:20 | pursued (2) 2:19 | 90°73 .79 94
pictures (5) 42:16,18 63:14 F319 30.14 |"elease (2) 60:13
16:11 26:4 | prior (4) 4:6 pusnea (14:7) 331399 ;
37:19 38:7 19:13 55:10 | put as) 12:20 released (9)
Min-U-Script@ Wilcox & Fetzer Ltd. (78) Pereiras - released
wivw.wilfet.com
td
(302) 655-0477Delaware Dog Control Panel
TTMO: DE Animal Care v. Pereira
Hearing
August 5, 2014
noted (1) 63:10
notice (5) 5:2
20:5,13 22:19
24:1
noticed (1) 20:19
noting (1) 3:17
November (1)
11:22
now (16) 7:12
11:6 12:24
13:2,10,18
18:2,13 19:3,
37:10 4
42:10 5
56:7,8 61:9
umber (14) 3:19
9:18,24 13:9
14:23 15:2,20
16:16 1
21:122
19 28:23 65:4
numerous (1) 66:9
‘nutrients (1)
54:20
ruts (1) 50:9
oO
obe
39:2
Objection (2)
40:14 48:14
cour (1) 62:9
occurred (4) 6:15
20:3,7 45:20
October (1) 19:15
off @) 13:5 14:3
32:14 36:13
44:24 58:12,
21 63:5
office (10) 32:14,
22:36:11
41:22 42:4
43:9 46:1,2
51:2,24
OFFICER (69)
2:8 5:9 8:10,
18,22 9:4,17,
(1)
20 10:6,9,12,
14 16:10
18:22 20:2,20,
24 21:5 22:15
23:1,3 24:22,
23,24 25:1,5,
10 30:6 31:1,
3,10 32:8,13,
1733:1,10,22
34:9,14,15,23,
24 35:24 36:2,
5,9,11 37:5,8
40:14,18,20
43:18 44:17
45:5. 47:7
48:14 52:24
55:9,13,15
36:7,24 57:3,
5,22 60:2
61:12 67:23
officers (1) 37:20
offias (1) 32:23,
often (1) 45:15
old (1) 19:12
once (2) 7:24 8:8
One (23) 5:17
8:6 9:10,19
12:1,18 13:8,
819-4 21:12
27:19 28:22
only (14) 5:20
6:112:21
16:2 19:17
20:11 33:7
36:23 41:5,7
59:8
onto (9) 22:17
43:1 46:11
oozed (1) 16:21
open (4) 3:10,
16 13:21 54:11
opened (1) 29:15
opening (5) 2:13
4:7 5:8 8:14
63:10
operation (2)
54:8,10
opportunity (2)
4:9 5:6
opposite (2) 45:8,
9
order (6) 19:6
36:19,20
66:21
67:20
original (2) 31:18
38:13
other (17) 5:16
a0, 13 10:20
8
3
out (25) 6:4
12:4,11 13:22
14:1,13,15
15:10,11,12
20:9,13 21:24
22:8,9 23:22,
25:17 27:12,
16 28:3 29:21,
21 30:11,18
‘outside (2) 38:22
50:12
over (13) 8:19
9:12. 11:17
12:13 13:15
25:18 29:2
32:20 33:2,5,
7.40:4 51:19
overnight (4)
23:10 40:4
42:7 §5:24
61:15 66:18
owner (25) 3:2,4
5:1 7:4 8:6
11:22,23 26:7,
10,11,19
27:12 28:11
31:7,20 33:17,
24 35:2,19
38:16 60:14
63:21 64:1
65:20 66:22
‘owner/carotaker (1)
29:12
owners (1) 65:18
owners (1) 3.
P
paid (1) 39:9
painful (1) 17:2
panel (45)
14 3:6,23 4:1,
11,16,17,23
5:3,9 6:21 7:7
35:15 37:4,19,
22 38:7 41:10
43:3 47:9,12
48: 13,21 60:9,
65:12, 15, 22
66:13,15,18,22
panicked (1)
13:14
(2) 36:9,15
P
paperwork (7)
28:3,6,13
36:16 38:14
40:15 47:19
—— people (8) 17:6
paramedic (1)
13:24
paramedics (2)
14:4 22:12
parked (2) 10:
10
Parker (5) 27:15,
15 33:12
38:13,17
part (2) 47:3
50:15
Particular (1)
40:18
partloulary (1)
14:24
parties (1) 4:16
party 2) 3:17 4:7
past (3) 33:14
54:6,7
paw (1) 52:18
pay (4) 39:1
40:24 41:5,7
18:11 20:17
24:13 33:4
40:3 60:21
65:19
per (1) 63:23
Poreira (117)
6:17 7:5,6,19,
21 8:16 19:
14,17,22 23:7
24:7,11,15
26:13 27:17
28:5,9 31:4,5,
8,11 32:6,9,
18 35:3 36:2,
3,4 37:2,18
38:2,6 39:4,6,
17,19 40:10,
11,19 41:16
43:15 46:15,
23.47:9,18,23
48:2,20,24
49:3,10,15,17,
22.50:1,6
54:1,18 52:14,
18 53:3,5,8,
Min-U-Seript®
Wileox & Fetzer Ltd.
wwwarilfet.com
(302) 655-0477
(77) noted - PereiraDelaware Dog Control Panel Hearing
ITMO: DE Animal Care v. Pereira August 5, 2014
size (3) 38:10 19 status (1) 64:24 | 48:1 58:4 50:20 51:3
56:16,17 | spayed (4) 53:22 _| stay (1) 27:3 surgery (2) 54:4,5 | 5:
slip (2) 44:20 54:1 60:23,23 | stayed (2) 29:11, | surrender (3) testimonies (1)
48:6 spaying (3) 1740:3, 35:17,18 41:2 | 62:4
smaller(1) 54:4 | 60:10,11,12 [stays (1) 47:1 | suspecting (1) 6:9 | testimony (11)
| smyrna(6) 9:22 | sPCA(@) 60:13 | steady (1) 1 suspects () S11 | 3:23-4:6,12,
19:7 25:12 61:2 stopped (1) 12:24 | sustained (1)
| 30:16 64:11 |spca's (1) 2:7 | steps (1) 12:4 66:10
678 speak (6) 8:12 | stick (1) 46:19 | sworn (8) 4:6
Snares (1) 6:19 26:14,18 31:6, | etn (9) 44:19,23 | 9:2 21:3 25:2 |ttmer ct 6:5
socialize (1) 7 45:2 tothored (2) 45:7
38:23 speaking (2) stiteh (1) 16:21 210 65: 46:10
sold (3) 38:18, 14:10 31:8 | stitehed (2) 16:7, [——___— than (8) 9:10,13
18 51:8 specify(1) 43:10 | 8 12:33
sole (1) 3:13 spell (1) 4:5 stitches (1) 16:2 "Thank (40) 7:3,7,
some (13) 7:12 | splatter (t) 25:20 | stolen (1) 17:13 17,18 8:15
11:23 12:3 | spoke (3) 8:2 stone (1) 13:7 | take (10) 2:5 10:6 18:23
26:8 35:4 | stopped (2) 15:1 16:10 29:14, | 19:23 20:22,
‘Square (2) 43:5 40:23 20 38:5 39:2 | 23 21:16
48:7 49:14 stopping (1) 5:20 | 48:2250:13 | 29:12 23:4
50:12 55:3 storage (1) 51:13 | 51:10 59:22 24:17,19 30:8
62:22 stored (4) 55:11 | taken 2) 14:11 32:10,24 34:9,
‘somebody (4) standard (1) 3:11 | story (4) 5:6 39:22 11 37:2,6,10,
18:6 41:24 | start a) 7:24 7:10,17 24:10 | taking (6) 26:4 18 52:23 60:4
42:20 45:21 |started(3) 2:2 _|stratton (4) 28:14 33:8 61:4,8,21,24
something (10) : 2 | 34:14,15 38:11 46:24 | 62:1,11,12,14,
11:10 13:20 35:24 40:20 | 48:7 23,24 63:1,4
24:8 54:3 stroam (f) 15:13 _ | talk (6) 29:2 67:19 68:1
56:13 62:7,7, | 23:8 24:8 35:2 | strength 1) 12:23 | 36:24-48:15, | gir (ta) 3:21
88,21 stated (7) 19:8 | strike (1) 66:8 18 50:457:9 | 4:5,8 5:6 6:3
sometimes (2) 35:13,21 41:9, | striking (1) 5:21 _ | talked (1) 49:5 24:12 32:20
40:4 59:23 23 52:5 57:9 | strugating (1) 24:1 |talking (11) 9:12 | 34:2 40:3
son (6) 8:5 statement (16) | Subchapter (4) 12:16 18:2 43:1 47:22
32:21 36:6 2:13 5:8 8:14 | 2:16 61:21 36:22 57:21 60:22
49:1 51:4 18:14,17 63:12 66:17 | 40:20,22,23 65.3
son's (1) 50:10 21:16,19 30:5, | Subsection (7) | them (25) 17:8,
sorry (10) 8:1,8 1041:17,19 | 2:17.73 tan (2) eB | 22 18:6,9
20:9 24:16 61:10,11,23 61:21 63:12, | tears (1) 16:6 19:3 22:13
28:22 36:7 63:9,11 23 65:10 66:17 |technicians(3) 3 7:15,93,24
41:21 50:2,8 | statements (10) —_| suggested (1) 49:4,23,23 | 38:1,8 39:4,
52:14 3:174:7,15 | 35:16 toting (1) 51:24 | 20. 40:10 42:7
‘South (5) 9:22 57:7,15,21,23 | summer (1) 56:19 | ten (1) 59:8 | 46:20 51:10,
11:19 21:8 58:1 61:15 | support (4) 57:12 |tend (1) 44:12 15 54:1 55:19,
64:10 67:7 65:17 supposed (1) tenmonthold(t) | 21 57:2 58:1,
space (1) 8:19 | states (4) 2:17 10:19 | 3654
sparsely (1) 11:3. | 41:19 60:12 |sureq7) 14:14 | TESTIFIED ()
spatters (1) 14:17 | 63:12 27:7 30:21 9:2 21:3 25:2
spay (2) 60:19, | stating (1) 49:23 37:12 45:15 34:16 41:14
Min-U-Seript® Wilcox & Fetzer Ltd. (80) size - there
wwwailfet.com (302) 655.0477Delaware Dog Control Panel Hearing
ITMO: DE Animal Care v. Pereira August 52014
12:23 13: right (40) 4:13, said (16) 14:6, 22 64:4,8 shed (1) 17:11
66:6 7:12 8:21 24 23:8,16 65:20 sheet (1) 27:19
relevant (2) 10:1,19,20 sent (2) 16:8 | shelter (2) 29:19
| 37:13 50:3, 15:4 16:13,13 52:21 35:1
relied (1) 18:2 19:8,18 Sergeant (13) Sherry (1) 6:18
remember (4) 22:13 23:19 6:19 24:20, | shop (2) 32:16
| 18:17 31:6,8 24:11,15 25:8 20 25:4 30:8, 42:22 52:12
33:18 27:17 29:3 9,24 34:13,18 | shot (3) 31:20
repair (1) 32:16, 30:2,13,21 same (2) 17:6 35:15,23 40:7,} 39:14 54:17
repatitve (1) 4:3 | 33:21 36:10, | 62:14 22 shots (1) 54:
report (1) 39:18, 2040:1,19 | sat(1) 42:23 serious (3) 5:14 | should (4) 3:
reported (1) 6:1 43:7,15 44:20 | saw (5) 20:11 64:15 65:24 | 7:1,14 64:4
reporter (2) 8:11 48:17 49:8 21:19 22:8 | session (1) 4:17 | shouting (1)
54:2 50:23 53:15 : set (4) 9:19 42:19
reports (2) 61:15 57:3,16 60:12 | saying (4) 8:1 39:8 60:10 ‘show (8) 10:7
65:17 61:4 67:19 2 25:18 66:23 12:15 17:18
representative (1) | 68:1 sever (1) 16:1 19:14 37:19
2:9 ring (4) 46:21, | seared (2) 29:24 | several(2) 57:15 | 38:6 39:5
representing (2) 22:47:13 52:5 58:24 40:10
6:20 7:11 [rings @) 46:19, | scattered (1) 46:5. | severea (1) showed (4)
request (4) 3:5 20,21 scenario (1) severity (1) 3 13:16 25:20
61:19 67:15,16 |ripped(t) 12:21 | 25:23 shail (6) 3:10,12 | 58:24 62:1
requested (4) 4:5 | Road (3) 19:7 scene (2) 30:15 4:8,23 5:1 ‘showing (2)
64:3,19 65:12 :6 28:10 36:24 66:23 21:11 37:21
require (1) 51:12 | roam (2) 56:9,11 | SCHNARES (9) she (67) 3:5 sick (2) 53:21
requirements (1) rock (4) 5:21 24:20,21 16:11 17:19, 60:17
66:23 14:16,20 66:9} 25:4 30:8,9, 20 21:23 22:2, | side (12) 5:6
reserves (1) 4:12 | rocks (1) 13:4 24 34:13,18 11,16,20,23, 7:10,10 11:19,
resided (1) 26:2 | room (7) 7:12 35: 24 24:22 20 12:2,15
residence (4) 29:1 32:14,14, | seal (1) 16:1 26:19,19 28:6, 14:13 25:21
9:24 10:3 20 42:24 56:11 | seat (2) 2:4 7,8,12,14,20 32:15 45:8,9
25:12 43:13 24: 29:5,11,20,23, | sides (1) 5:5
resolve (1) 8:4 second (s)23:5 | 24,2430:6 | sign (2) 28:6,13
responded (2) 39:14 46:21 | 36:13 38:10, | signature 2)
24:23 33:2 | rules 2) 3:11 472 19,19,21 18:19 36:18
responsibility (1) | 27:1 Section (2) 66:19, | 39:12,13 | stan (a) 1
33:8 run (1) 23:10 24 41:24 42:8,11, | simon’s (2) 11:9,
responsible (1) running (5) ‘secure (1) 43:22 20 43:1,21,21 10
60:14 15:10,12 see (13) 7:15 44:13,24 ‘Since (5) 27:23
restaurant (1) 11:7 22:9 35:11 8:9 11:2 45:17 46:6 28:5 29:11
restraint (1) 62:19 64:14 14:17 30:13 48:6,7 49:6, 42:16 46:10
restricted (1) rural (2) 10:16, 37:21,21 11,24 50:1,16, | sitting (2) 45:17,
62:16 7 39:24 44:7 2051:14 18
rests (1) 37:9 = 48:3,5 52:1,5 53:14 55:12, | situation (1) 8:9
retaining (5) 12:3, s seek (1) 50:11 15,22 58:15, | sixis) 17:
5,6 13:4 14:12 -———_ | 23 59:7,16,18 | 25:7,8 34:21,
returned (1) 63:8 | Safety (2) 5:24 60:17,17 22 53:18,19
returning (1) 4:22 | 6:8 62:16,18 59:15
Min-U-Script® Wilcox & Fetzer Ltd. (79) relevant - six
wwwawilfet.com (302) 655-0477Delaware Dog Control Panel Hearing
HIMO: DE Animal Care v, Pereira August §, 2014
Visitation (1) 59:6 Whose (1) 53:4 z
60:17 wants (1) 40:13 | window (1) 23:10 Y 4
Visiting (1) 19:9] WARBURTON (24) | without (2) 31:9
visual (1) 45:13 | 5:96:18 8:18,| 51:2 4(1) 56:4
voice (1) 50:24 | 229:4,17,20 | witness (16) 4:4, | years (1) jog
voluntary (2) 10:6,9,12,14 11,13 8:18 |yeling (2) 13:5, | 5
41:17,19 18:22. 20:24 | 19:123:6,8 | 19 fae
craanaa| 21:5 23:3 24:19 41:11 York) 55:18 51) 64:20
30:6 37:8, 44:22 45:2 59:21
40:14 43:18 | 47:6 54:6,11 | young (2) 13:17 6
wagging (1) 44:17 48:14, | 60:1 61:14 20:9
42:22 1761:12, witnessed (1)
Wait (1) 23:5 washed (1) 16:7 30:11
bee 2) oe watching (1) witnesses (15)
: 42:17 3:20 4:8,10 1
Ley a 18:10 | water (a) 54:23 5:5 6:22 i ee nat oe
: 56:20,23 37:11,15,16 :
walked (3) 13:14 | wowa (2) 11:11 38:8 57:7,8, | 25:11 61:16 8
15:3 25:19 18:10 10,12 62:5 29,10 65:23
watking (4) 9:11 — | way (6) 16:9 65:18 14:30) 11:14 | gi47 (4) 39:9
13:15 25:17 | 18:429:9 | wondering (2) 22:4 8:3 (1) 63:5
46:11 31:22 42:11 | 40:7 60:15 | 12:44() 25:17 |
wall (6) 12:3,5,6, | 50:21 wwood(t) Let |1226(8) 9:22 9
10 13:4 14:12 week (t) 8:77 | Woodley) ios
weekend (2) 40:4 | 10:18 25:17 eg ue sills oa): 16.16
1 1 26:5 niall 3,3 43:
19412115 |mere nee words (2) 8:3 66:12 51:20 61:20
26:13 31:11 |" 3.7 27: 62:8 4479091) 65:4 63:11,11
33:15 35:3, 59:11,13,13, wore 14:12 |18(9) 19:7,11 66:16,16,23
61:16 63:10 | 1515 workers (1) 49:3 | 34 9:00 (2) 42:5
66:18 weight (2) 5:18 | working (2) 6:6 | 8(1) 40:6 63:6
Walter's (4) 7:21 60:18 56:18 19904 (1) 43:6 9:08 (1) 68:2
10:17 12:16 {welcome (2) 8:16 | worms (1) 54:15 : | 9:30 (1) 42:5
13:15 ; worry (1) 52:13 911 (1) 22:10
want (25) 2:5 went (@) 13:17 | worth (4) 17:12 216 922 (1) 66:17
7:24 19:2 31518315 fuomacy 30:18, [7216.1 |oxsca 61-21
23:11,21 24:7, 24:330:16 22 eee 66:19
13 30:1 35:18 | 34:7.42:13 | wounds (4) 16:4, tig [92882 2:17
36:6,8 37:18, | whatever (1) 5,15 66:11 eit sang | 0:2
22,23 38:12 |" 54:19 wrapped @) 14:3. | 224! 3404 loan cw 66:24
Sib soins (Crawl eke] diss 65:23 poo io
f i writing (2) 18:17 23 A
51:4 55:6 lumen ia 34:22 | 3540 2day (1) 40:23 | 26a (1) 65:10
57:20 58:1 36:12 49:20 | written (2) 5:2 3 928 (1) 66:17
62:14,15 62:8 18:14 : 95 (1) 7:3
wanted (7) 23:7 | whenever (1) wrote (4) 19:19, 6:23
38:6,24 3: 45:16 21 21:17 57:19 aati) 15
48:12 55:3 | white (1) 6:16
Min-U-Seript® Wileox & Fetzer Ltd, (682) visitation - 95
wwwawilfet.com
(G02) 655-0877Delaware Dog Control Panel Hearing
ITMO: DE Animal Care v. Pereira August 52014
11:1,8,10,10 | 45:3 By 13,22 | typo (a) 12:3 59:17
12:5,12,18 | ght 1) 44:4 23 30:6 | 51:22 52:8 | usea 4) 2:20
13:4 14:12,15 oe 13 17:18 19:12
19:9,10,11 55:20 64:9 7 63:16
20:11,18 tool (1) 17:12 Using (14) 313,
26:21 28:12, top (1) 16:4 Um (8) 18:8
12 30:17 211 20:10, | tore (1) 13:21 34:5 42:13
32:14,20,21, 12 21:21 22:1, totat (1) 1 44:7 45:6
2023:17,18 {touch (@)31:14, | 46:18 50:12 | 54:2 56:12
24:5 25:9,24 | 15 3 62:13
40:5 42:5,23 | 27:6,24 28:7, | toumiquet (3) uncooperative 1) | usually (1) 60:21
44:7,20 45:16 | 14,19 29:8,12 | 13:19 22:7,9 | 28:19
46:2,5,7,18, 30:15 31:1 | towards (1) 9:12 | under (4) 40:6 v
19 50:13,14, 32:4 33:8 toxins (1) 54:19 53:18,21 66:16
20 51:14,21 | 35:9,18 38:11 | trai (2) 15:5 Understand (7) | vaccination (4)
52:6 54:19 44:15,16 26:4 24:15 40:16, | 27:24 53:13,
55:19 56:3,11 | 45:19 46:24 | transcript (3) 17 50:10 51:3 | 20 64:24
| 57:10,24 58:5 67:13,15,17 | 52:4,5 vaccinations (1)
thing (8) 5:7 triggered (3) unduly (1) 4:3 31:22
12:1,18 13:3, 50:15 62:8,9 | unloaded (1) vaccine @2)
12:22:21 timely (1) 31:22 | teipte (4) 42:10 29:19 39:16,18
42:18 62:18 | times (10) 5:20 truck (9) 22:17 | unprovoked (8) __| vaccines (2)
things (2) 11:13, 13:1,9,10 29:17,21 6:5 61:17 39:12 51:7
23 42:10 44:20, | 66:3 valid (1) 6:10
think (10) 8:20 3:24 66:3,6,9| 23 45:3,17 | until (2) 2:23 variety (1) 65:16
14:1 18:1 | red (1) 50:7 46: 63:20 vehicle (1) 29:4
30:6 34:5 Title (6) 2:16 ‘true (2) 41:24 unusual (1) 22:19 | vehicles (3) 10:4,
35:20 58:22 | 7:3 61:20 47: unwrap (1) 16:11 | 9 42:15
59:7 60:6 63:11 66:16 | trust (2) 17:16 up (23) 2:5 9:7 | verity (5) 26:23
62:21 today (5) 27:22 29:22 12:1,20 13:2, | 31:15,19 32:2
though (2) 28:10 | 31:23 40:8 | try (6) 27:16 714:4,13,16 | $5:1
5 2:21 62:2 36:14 37:12, | 16:7,8 22:20, | vets) 60:10
thought (4) 13:20 | together (1) 46:19 13 50:9,11 22 24:22 veterinarian (2)
15:8,14 39:13 | told (10) 26:5,21, | trying (7) 21:23 25:19 37:24 2:11 60:20
threatened (1) 22 27:16 24:2 42:10 43:7 | viciously (1)
29:9 31:8 55:19 58:8 61:17
‘threatening (1) 36:9 38:18,22 : 60:10 62:2 | vietim (8) 25:24
23:24, 39:11 turn (2) 24:12 64:24 66:4,5,8,10
‘three (5) 14:23 | tomorrow (1) 37:1 upon (8) 2:18 vietims (1) 65:18
22:22 39:14, | 52:21 turned (2) 12:19 3:13 4:18 vietim's (3) 45:10
20 41:3 tonight (10) 2:4 13:14 25:15 63:13 46:7 66:6
throughout (1) 5:18 6:14,19, | two (14) 9:24 64:15 65:24 | video (1) 3
46:5 247:8,9,16 10:20 16:5,20 | 66:14 view (1) 42:2.
Thursday (1) 48:6 | 10:19 64:20 41:4 46:13,19, | us (14) 10:22 violation (6) 2:22
tied (10) 6:4 tonight's (1) 67:2 | 20 48:7 54:22 | 11:18 19:8 63:17 64:13
9:13 14:3, took (16) 12:4, 59:11,12,13,14{ 22:22 26:16 65:5,9 66:19
42:10 43:7,19 | 14 13:3 14:5, | two-year-old (1) 35:7,17 39:5 | visit (3) 48:12
44:9,20,23 5,14 20:9 39:13 51:8 58:2 49:4,5
Min-U-Seript® Wilcox & Fetzer Ltd. (81) thing - visit
www.wilfet.com (302) 655-0477