The following is a press release issued by the Mendocino County District Attorney’s Office. The information has not been proven in a court of law and any individuals described should be presumed innocent until proven guilty:
District Attorney David Eyster said Thursday that law enforcement officers conducted a morning search of the Caspar residence of probationer Katie Rhiannon Smith, age 35.
The search discovered that Smith was residing in possession of six chickens, a violation of state law that prohibits people convicted of animal cruelty from possessing animals. A dog Smith claimed to own in December was not located during search of the property.
The chickens were seized pursuant to the warrant and have been placed in protective custody of Mendocino County Animal Control.
California’s law mandates that a defendant convicted of animal cruelty as a misdemeanor shall not, “within five years after her conviction, own, possess, maintain, have custody of, reside with, or care for any animal.” To do so is a public offense punishable by up to a $1,000 fine.
As background to the Thursday search, Smith was originally convicted of felony animal cruelty relating to her neglect and attempted killing of a canine now widely known as Thunder the Wonder Dog.
Ultimately, Mendocino County Superior Court Judge Clayton Brennan reduced the felony conviction to a misdemeanor at the defendant’s December sentencing hearing and placed Smith on informal court probation.
Using words that now may come back to haunt him, Judge Brennan ordered last December that Smith serve 360 days in the county jail, but he then suspended that time over Smith’s head on the condition that she “obey all laws.”
Subject to the standard charging review by the DA, it is believed that the six animals found today residing at her home constitute a failure by defendant Smith to obey all laws.
Once he receives and completes a review of all the reports from today’s search, the DA will make a charging decision on whether to file one or more new charges against Smith, file a petition seeking violation of Smith’s informal probation, or both.
When asked to comment about today’s enforcement action, DA Eyster said:
“If I conclude that the evidence summarized in those reports supports the filing of a new case, it should be no surprise to anyone that I will have that new case filed in Ukiah versus having it filed in Judge Brennan’s courtroom in Fort Bragg.”
“Further, if I conclude that the animals found today constitute a failure by the defendant to obey all laws, specifically a failure by her to obey the statutory prohibition that she cannot be around animals, we will initiate proceedings to violate her probation.
“If and when that happens, the community at large should watch and see if Judge Brennan stays true to his December words that a violation of probation will result in the defendant having to serve the 360-day jail sentence that he suspended, concluded Eyster.
Sounds just like a Trump thing. Next will be lets dig them up out of the grave so we can try them again, this woman could not have been aware of owning chickens, as being a violation of the law, she could say they belong to somebody else, an she was the care taker, doing this as a public service.
ALL RITE ALREADY