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Neighbor Mistreating Then Stealing Dog



 
 
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  #1  
Old July 26th 03, 07:35 PM
Nehmo Sergheyev
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Default Neighbor Mistreating Then Stealing Dog

In brief, I bought a dog from the neighbors to keep them form
mistreating him. They then stole him back. I'm preparing to go the court
over it, so I've written the story.

Of course, no reader can help me with the facts, but before I use it in
court, I thought I'd post it to get some feedback.

(At this point, I don't know the name of the neighbors.)

++++++
Narrative of Facts Regarding the Condition of the Dog, Luki


Originally (March 2003) Luki, a male husky/shepherd mix, resided at 831
Ann, the first house west of ours across a small tennis-court city park.
Originally, there were two dogs chained in the rear of that address.

During the late winter of early 2003, both dogs were without shelter
more or less continuously. There was one doghouse, but it often was out
of reach of either dog. Often the chains of the dogs became tangled in
the junk in the yard. Often the dogs were without food. And often they
were without water as well.

Seeing and hearing these dogs in distress, we frequently came to their
aid. We untangled them. We watered them. And we fed them. For extended
periods of time, we were the only ones who tended to these dogs. The
people at 831 many times witnessed us caring for these dogs and had no
objections.

We tired to explain the responsibilities dog-care to these people, but
we were never confrontive about it. They weren't responsive to our
efforts, and simply continued to ignore the dogs. I wasn't angry with
them because I figured they were just ignorant. You can't get angry at
every ignorant person in the world.

The two dogs, usually individually, would escape from time to time.
Often they would come over here to our house, and we would feed and
water them, and show them some attention.

The dog that was with Luki in the back yard, Cifer, disappeared one day.
Hector, the boy of 831, said a car had killed Cifer just down the block.
He said his parents never collected Cifer's corpse. He didn't show the
typical emotion of a boy who lost his dog. This was because it wasn't
really his dog. It was just a dog that had been chained in the back
yard.

As the weather became warmer and then hotter, 831's care and attitude
toward these dogs remained unchanged, except that now the dogs would
bake instead of freeze. The lack of water problem took on a more
critical dimension.

Luki escaped repeatedly. On one of these occasions in mid-May, he came
over here and asked entry by scratching on the door. We let him in, and
he stayed overnight. Then he began to stay here continuously. We didn't
confine him, allowing him to go out to relieve himself as needed. He
became housetrained, and he learned all the behaviors and rules of a
housedog.

During this period, occasionally Luki would interact with the kids of
the neighborhood. Occasionally, Hector interacted with Luki.

This is perhaps irrelevant to issue concerning property in the legal
sense, but during this period, Luki had opportunity to choose homes, and
he elected to stay here. When he sat sentry outside, he sat near our
entryway.

Once, Hector (I believe acting alone) made an attempt to chain Luki up,
but he escaped again and came back here again.

At this point, our relationship with the neighbors was still cordial. On
one occasion, when we were explaining the Luki situation to Carmen, the
woman of 831, she said you (meaning us) might as well keep him, if I
chain him, he will just break free and go over there. She spoke this in
a combination of Spanish and English, but her meaning was clear. Hector
was there, and he could and would have interpreted if something was
misunderstood. My wife and I also understand some Spanish. There was no
problem with the communication.

On July 12, 2003, Hector came over and talked about Luki. Among other
tidbits offered, Hector said that his dad had repeatedly slapped Luki
around in an effort to "make him mean".

Later on July 12, 2003, shockingly, after Luki had been at our house for
well more than a month, the man of 831 and Hector took Luki and again
chained him up to a very short and tight chain. I walked over there and
asked their intentions. "There is a problem. It is my dog." The man
said. At that point, they still hadn't provided any water nor food for
Luki. They were just going to chain him in the sun. I objected and said
if they mistreated Luki, I would call immigration, animal control, and
the police. I explained what they were doing was illegal in the United
States. They said they would change how they treated Luki, and they then
took Luki inside. Immediately after this, they left with Luki in a
truck.

When they returned that evening, I walked over to the truck and paid
them $40 for Luki. Before they accepted the money, the man consulted
inside (with his wife, I suppose) and came outside and said to me "Okay,
take him". He unhooked Luki from the chain in the back of the truck, and
Hector took the money. I left with Luki in full view of them and a
number of other neighbors.

(During this deal, I did say that the $40 would help compensate him for
his expenses regarding Luki. Hector had earlier in the day said they had
bought a new chain of the type that would allow Luki some freedom. {I
now doubt this.} I never saw this chain. I never touched any chain. And
I certainly didn't pay for a chain or take one away. They are now
claiming the $40 was for a chain.)

On the evening of the 12th, I let Luki out to go to the washroom. He was
gone excessively long. Then a police officer, Waters-Patton, arrived at
our door and asked me to explain the situation with the dog. (I hadn't
called the police. I imagine, the people of 831 called, and then while
waiting, they saw the opportunity to take Luki. Then they took him.)

While Officer Waters-Patton was talking to me (my wife, Susan, was
away), the man and Hector walked up with Luki on a rope leash. Hector
said that I could have the money back if they could have the dog back. I
said the deal was done and that they didn't know how to care for a dog.
They also attempted to say the $40 was for a chain and not the dog, but
they admitted I had never received any chain. Officer Waters-Patton told
the man and Hector that the arrangement was for the dog to stay where he
was, that is, here. She said that if they wanted to contest that, they
could go to civil court in the "big white building over there", the
courthouse a half-block away.

Officer Waters-Patton also asked the 831 people if they had licensed
Luki. The man and Hector answered saying that they did not. Then Officer
Waters-Patton asked specifically if they had any "papers that show
ownership" of Luki. The man and Hector again both said that they did
not.

On the 13th Hector briefly played with Luki, but other than that
unusuality and the visit by the man I will describe in the next
paragraph, it was a normal day. Luki stayed at our home that night, and
I thought the problem had been resolved.

On evening of the 13th one other relevant event took place. An
intoxicated Mexican man identifying himself as Ricardo and being sent by
the 831 people stopped by to aggressively tell us to not call
immigration. I don't believe make anything that could be called a
criminal threat, but he did start with a threatening demeanor. When I
told him that we had settled the Luki issue and that I now had no reason
to call immigration, he calmed down and then left. I had never seen him
either before and I have never seen him after that evening.

On the morning of the 14th, Monday, I looked out to see Hector stealing
Luki, dragging him by a leash. I ran over to stop him, but he, with
Luki, ran into the house west of his, 835 Ann. I knocked on the doors of
both houses (831 & 835). I didn't believe Hector's parents could have
had anything to do with this theft, so I was trying hard to raise them
or someone. After a bit, Carmen came out of 831. She said Luki was their
dog and that the $40 I paid was for a chain. (I repeat: I never received
any chain.).

I had to go to work, so I left the situation in the hands of my wife.

My wife, Susan, told me that the police arrived after I had left.
Apparently, they had spoken to the 831 people and gotten a version of
the story that was slanted against us. The 831 people had now also
managed to come up with some papers on some dog (perhaps a relative of
Luki.) they were claiming was Luki. No police report was made, and the
police left things status quo, that is, with Luki at 831. One officer
recommended to my wife to tell me that if I went near 831 I would be at
risk of the 831 people saying something malicious about me. He
recommended we should take the matter to civil court.

I'm sure the 831 people did not tell these officers about the
arrangement Officer Waters-Patton had established two days earlier. And
unfortunately, my wife had not been here when Officer Waters Patton was,
so consequently, my wife couldn't tell these officers what Officer
Waters-Patton had said.

On the 15th against my wishes, my wife went over to 831 and asked them
to return the $40. The man said they didn't have it, and they didn't
return any money.

On the 16th, we called animal control because we could see Luki was
without water again, and he was crying for help. The Animal Control
Officers arrived and appeared to ticket the man at 831. While the
officers were there, the 831 people provided some water for Luki.

On Sunday, July 20, Luki was again without water. We reported it to
Animal Control

On Monday July 21 in the afternoon, Luki was tangled in the sun and
again out of water. We again reported it to Animal Control.

On the evening of the 23rd he was again without water and barked for
hours.

On these occasions, Luki barks and barks, but nobody responds. Because
the situation is now sensitive, we can't go over there anymore to help
Luke.


I attest that all the forgoing is true.

Nehmo Sergheyev

I attest that all the forgoing is true

Susan Sergheyev








--
*******************
* Nehmo Sergheyev *
*******************
http://home.kc.rr.com/missouri/Susan_Talks.htm








  #2  
Old July 28th 03, 07:28 AM
Nehmo Sergheyev
external usenet poster
 
Posts: n/a
Default

shandi of New Zealand
Good luck with your court action.
I hope you get the dog back.
I'm sick of people just getting dogs and thinking they are a dog OWNER

when
all they do is tie them up in the back yard,its not good enough!.


Nehmo
I can't stand it.

shandi
We need more people like yourself and your wife to care for animals.
Good on you and again good luck!.


Nehmo
Today I delivered that story I wrote accompanied with a letter Officer
Waters-Patton telling her that I planed to use her as a witness. Then
when the shift changed at the police department here this evening, two
cars showed up at the neighbor's house.

It was dark and all I could see was what the flashlights played on, but
they appeared to be checking on the dogs (Luki is at 831 and another
dog, Jet, is at 835)!

I'm really scared of legal things, but I'm getting confident with this
one. I think the cops are on my side now.







--
*******************
* Nehmo Sergheyev *
*******************
http://home.kc.rr.com/missouri/Susan_Talks.htm




  #3  
Old July 29th 03, 02:44 AM
Nehmo Sergheyev
external usenet poster
 
Posts: n/a
Default

JustMel
i know you from another group.. cpswatch. i dont read it much

anymore.. but
was wondering if you still have a chance to get you little one home?


Nehmo
The short answer is "no, but.". The case in appeal. The sole ground the
court used to terminate my parental rights was that Blaze was in foster
custody for more than fifteen months. We're arguing that the statute
allowing that as a sole ground is unconstitutional because it deprives a
parent of due process. The argument is sound, but the appellant court
may rule that we didn't bring up the argument properly.

My TPR ruling
http://www.ericseven.com?id=342
http://groups.google.com/groups?&sel...er.kc. rr.com

Reply to Response to Appellant Brief
http://www.ericseven.com?id=343
http://groups.google.com/groups?&sel....earthlink.net

If you count winning as getting the kid legally home (which is
reasonable), there's really no way to win these cases.

Blaze was born October 2, 1998. He's is getting older all the time.








--
*******************
* Nehmo Sergheyev *
*******************
http://home.kc.rr.com/missouri/Susan_Talks.htm



  #4  
Old August 4th 03, 05:58 PM
JustMel
external usenet poster
 
Posts: n/a
Default

I got my kids home.it took over 4 years. i lost them simply because my
oldest ran away from home seeking his birthmother.It took everything we had
to get them home. I will continue to pray for your strength
"Nehmo Sergheyev" wrote in message
nk.net...
JustMel
i know you from another group.. cpswatch. i dont read it much

anymore.. but
was wondering if you still have a chance to get you little one home?


Nehmo
The short answer is "no, but.". The case in appeal. The sole ground the
court used to terminate my parental rights was that Blaze was in foster
custody for more than fifteen months. We're arguing that the statute
allowing that as a sole ground is unconstitutional because it deprives a
parent of due process. The argument is sound, but the appellant court
may rule that we didn't bring up the argument properly.

My TPR ruling
http://www.ericseven.com?id=342

http://groups.google.com/groups?&sel...er.kc. rr.com

Reply to Response to Appellant Brief
http://www.ericseven.com?id=343

http://groups.google.com/groups?&sel....earthlink.net

If you count winning as getting the kid legally home (which is
reasonable), there's really no way to win these cases.

Blaze was born October 2, 1998. He's is getting older all the time.








--
*******************
* Nehmo Sergheyev *
*******************
http://home.kc.rr.com/missouri/Susan_Talks.htm





 




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