Taos Bark: Advice about getting action on animal complaints

During the past few weeks, animal abuse and neglect calls have been coming in, including animals being severely neglected by being left outside with no shelter.

Then there was the case in which $1,500 was demanded of a woman who had left her little dog with people she knew while she went out of the state on an urgent matter. She was gone just a few days and eventually had to pay “the ransom” to get her dog back. This, of course, should go to court as a civil case and both sides heard.

Because of all the miscommunication occurring, I am again giving information that can help answer a few questions regarding animal laws in the state of New Mexico. I receive so many emails and phone calls asking questions regarding the animal laws, this information from a legal perspective is interesting and educational. It is written by Theresa Welch, an attorney who prosecuted animal cruelty cases.

What to do if officials do not respond to your complaint

It is not uncommon to try to get help from the local enforcement authorities in an animal abuse case and find they are not always receptive to your calls.

First, do not accept it when anyone tells you that they have to actually see the act happen or it cannot be prosecuted. This is simply not true. Cases are prosecuted all the time using circumstantial evidence, meaning that various facts which can be proved can be enough to file charges. Murder cases have been tried even without a body being found. So you can proceed with a case with good facts even if no one actually saw the abuse happen.

Second, every time you talk with someone, write a letter and confirm the conversation. If you only keep notes, then it is still your version versus the other person’s. They can say you never gave them information or that what was said was different. When you write a letter and send it to the person with whom you spoke, there is a record of what was said.

Always start with the person you contacted first, possibly an animal control officer or a police officer. Get a copy of all reports that they file on the matter. If there are any inaccuracies in the report, send them a letter listing what they are. Wait a few days, then call to see if they are going forward with the case.

If they do not pursue the case, you can pursue it by speaking with the next person in the chain of command. Following the chain of command is vitally important. Skipping right to the top could cause you problems, as it is resented. But don’t be afraid to go up the chain of command. Just remember that the next person who reviews the case may see it differently. And again, write those confirming letters.

A citizen can file a complaint with the police, but felony charges are brought by the local prosecution authorities. In New Mexico, felonies are usually filed by either the local district attorney or the Attorney General’s Office. They bring charges based upon investigations by local law enforcement authorities.

In misdemeanors, it is possible for a citizen to bring charges. But this should be approached with great caution. Prosecuting authorities have immunity from being charged with malicious prosecution, but the average citizen has no such protection. That means that if a case is not proven, the person charged can bring a case for malicious prosecution against the person who filed the charges. They have to prove several things to win, but it can require the citizen to fight a case in court, possibly having to pay monetary damages.

If the case really matters to you, you can consult with an attorney on how best to proceed. Legal advice is always recommended if you decide to go forward on your own.

Sources of help

Theresa Welch is a former criminal prosecutor with 20 years’ experience in animal cruelty cases in both New Mexico and California. She was instrumental in the passage of the felony cruelty bill passed by the Legislature in 1991 and continues to advise people throughout the state on issues relating to animal cruelty.

Also, you can contact Alan Edmonds, Animal Protection of New Mexico’s (APNM; apnm.org) animal cruelty director, at (505) 265-2322, ext. 29 for more information and advice on animal cruelty cases. APNM is especially helpful in extreme animal cruelty, which could be determined as fourth-degree felonies.

Animal cruelty is defined by the 2015 Taos County Animal Ordinance as any act or inaction that is known to cause or is calculated to cause physical or psychological pain, injury, damage or harm to an animal.

Hernandez can be reached at taosbark@gmail.com or (575) 613-3448.