Well, I spoke too soon in that last post. The defendant DID file a statement after all. Here's what it said in its entirety:
Nepolian Evans, the Pit Bull dog we owned, was properly restrained inside our residence at 6:45 AM November 15, 2008; therefore, it was not our dog who is responsible for the incident that occurred involving the Plaintiff Jeraine R. Root and her Chihuahua.
So today I went back to the woman who had first told me that it was Ms. Evans' dog that attacked Porch Boy to request an affidavit stating what she had witnessed. She said that she couldn't do that because she didn't see the dog that attacked Porch Boy. She said all she saw was me on the ground. She knew that the dog belonging to the defendant had killed the poodle after Hurricane Ike so she assumed it was the same dog. She then apologized to me saying that she was sorry she couldn't help, but she just didn't see the attack happen. I asked if she could at least give me a written statement that she had TOLD me it was Ms. Evans' dog and she said "No, because I don't know that it was." I said, "So you don't remember even telling me that it was her dog?" And she said, "I really can't help you. Sorry."
Seems to me that Ms. Evans has intimidated her somehow or at least convinced her to stay uninvolved in the legal process. The fact remains that when I did confront Ms. Evans she told me that Nepolian HAD escaped the backyard that morning because of loose pickets in the fence. It looks like it will just be my word against hers unless I can find someone else willing to go on the record that they saw Nepolian out that day.
Of course, she'll still have to explain why she waited over 2 months to have Nepolian put down after he killed the neighbor's poodle.
About Me
- Jeraine
- No doubt you can tell I'm a Trekker. Took a SeaTrek Cruise to Alaska in 2007 and met several of the Trek stars, including Connor Trineer, Denise Crosby, Robert Picardo, and Ethan Phillips. Made some great friends on that cruise who encouraged me to attend the Las Vegas Convention in 2008. It was a blast and I even spoke to Lt. Uhura (Nichelle Nichols) briefly in the Hilton casino - such a thrill!
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3 comments:
They might deny that it was their dog who attacked the poodle, claiming he was properly restrained at that time as well. Maybe you should ask the poodle owner for an affidavit as well.
I did. She said she would do it. I dropped by her house today to get it and she said she didn't have time to do it yet but would e-mail it to me. I don't think I can present an e-mail in court since it won't be a signed affidavit. But I don't want to aggravate this woman. And the case is just 2 days away.
Lori here. I would definitely bring up the point in court, that if it wasn't her dog, then why did she have it put down after you told the animal control people about the incident. By the way, can you get the animal control people to make a statement. Maybe she admitted to them that her dog had, indeed, attacked Porch Boy.
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