Judge returns pit bull to county custody

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Judge returns pit bull to county custody

Posted by

Ben Munro

in News

Saturday, January 31. 2009

Comments (7)

A male pit bull, which was seized in a case of alleged dog fighting and then returned to its owner, is now back in county custody.

Superior Court Judge Jeffrey Malcolm granted a seizure warrant Monday sought by the district attorney’s office and the Madison County Sheriff’s Office to hold the dog as evidence in the case regarding Johnny Johnson.

Johnson, of Danielsville, was arrested July 3 for alleged crimes under Georgia’s new dog fighting laws.

The dog will remain in the county’s custody until “the disposition of criminal case,” according to the district attorney’s office.

The trial date has yet to be determined, but the case could be heard as early as May.

The superior court judge’s decision to place the dog back in the county’s care overturned that of the Madison County Animal Control Board, which voted 3-2 in November to return temporary custody of the dog to Johnson. In return, Johnson agreed to provide adequate care for the dog and to allow animal control officers to conduct regular visits to his home in order to ensure that adequate care was provided.

Defined tags for this entry: animal control, dog fighting, News

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#1 Dog Lover on 01/31/09 at 06:12 PM [Reply]

Thank you Judge Malcolm for being the voice of reason.

#2 Anonymous on 01/31/09 at 07:33 PM [Reply]

Taxes are up...collections are down...EMS and Sheriff underfunded...Meals On Wheels discontinued...meanwhile, MORE TAX MONEY GOES TO THE DOGS!

#3 Anonymous on 02/01/09 at 11:06 AM [Reply]

I understand what happened is animal control and the DA bungled this - by law, they were never supposed to bring this before the animal control board.

Once again, animal control doesn't know the law and that hearing before the board wasn't cheap. Also, that mistake with the hearing will probably help his defense, so animal control and the DA may have blown the case right there.

#3.1 Anonymous on 02/02/09 at 08:49 PM [Reply]

This is NOT the DA's error.It was totally the Animal Control Board's decision to return the dog to the owner.The DA told them at their meeting that the law requires the dog to be retained by the county.Did they listen, NO! Then,the DA went over their heads to Superior Court & got an order from the judge to get the dog back.Check it out!

#3.1.1 Anonymous on 02/04/09 at 12:41 AM [Reply]

And how did this land before the animal control board? I can assure you, the animal control board has neither the authority nor the desire to create this sort of hearing. It's just a volunteer board who meets when they are ASKED to meet. Nope, it was totally the work of the animal control officer and the DA. If what you say were true, the DA would have had the dog back in custody within 24-48 hours. It took them a month because someone (humane society lawyer) had to tell the animal control officer and the DA that they bungled it!

#4 Susan Kingsolver on 02/04/09 at 07:17 AM [Reply]

I don't care who's fault it is I'm just grateful our new sheriff, the DA and the judge got together and righted a wrong.
If Johnny Johnson is guilty he's the last person on earth who should have a dog, a child or and other vulnerable critter.
If these dog fighters will do that sort of thing to an innocent dog they will do it to any breathing creature.
I say make a example out of him the way they did Michael Vick.

#5 Gregg on 07/03/09 at 01:36 AM [Reply]

I just want to know what has happened to all the dogs. I would love to participate in a rescue/bordering of them in the interim until the case goes to trial. It's a shame and unfortunate that these animals who have already had a very tough life to date are being held as if criminals themselves. Let them go to homes of people who love animals and can care for them as pets.

DOES ANYONE KNOW WHERE THESE DOGS ARE?

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