Iraq War vet fighting in Michigan court to save dogs from euthanasia – Detroit Free Press

Ken Palmer, Lansing State Journal 8:49 a.m. ET March 21, 2017

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Iraq War veteran Allen Hustin embraces one of his two dogs. A judge ordered that both dogs, along with another canine, be killed after they were found inside a pen with three dead goats.(Photo: Courtesy photo)

IONIA - Major, Marioand Luigi are on canine death row.

The three dogswerefound inside a pen with three dead goats last July in Ionia County, and a judge ordered that they be killed.

But their owners, including an Iraq War veteran who relies on the animalsto calm and comfort him, say they have evidence that exonerates the dogs in the goats' deaths. And theyare asking another judge to spare the animals' lives.

"This is just one of those things where you scratch your head and say, 'how is this really happening in our state,'" said Lansing attorney Mary Chartier, who filed a brief in support of the families on behalf of the State Bar of Michigan's Animal LawSection. "They just dont want to admit that a mistake was made. It's troublingthat thisprosecutor refused to do that."

Ionia County Prosecutor Kyle Butler said he is simply enforcing the lawand that the dogowners had their day in court

"Cases like these are unfortunate all around," Butler said in a prepared statement. "Nobody wins in a case like this."

The case appears to be pittingIonia County Animal Controlagainst Butler's office, which prosecuted the case based on a complaint filed by the agency.

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Ionia County District Judge Raymond Voet ordered the dogs be destroyed after a hearing in late July, nearly threeweeks after the dogsescaped from a backyard and were later found inside the pen with the dead goats. A dead cat also was found on the premises.

Family members later learned that an investigation by the county's animal shelter manager showed the dogs didn't kill the goats, their attorneys said. The manager determined the dogs found their way inside the goat pen long afterthe goats had died.None of the dogs had any blood on its fur or collar, indicating they could not have killed the goats, she said.

The shelter manager, Robin Anderson, also said thedogs were friendly and hadshown no signs of aggression toward humans or other animals.

"It was never my opinion or the opinion of the Animal Control officer that these dogs should be destroyed," Andersonsaid in an affidavit dated both Aug. 2 and Oct.13. "If Ifelt in any way that these animals were a danger to the public I would have no problem euthanizing them because public safety, above all else, comes first.However, I do not feel that way in this case."

The owner of the goats and cat initially told animal controlstaff that he didn't want to press charges but later indicated he wanted the dogs destroyed, according to the affidavit. The dog owners were cited for allowing their animals to run at large and for causing damage, itsays.

Ionia County Circuit Judge Ronald Schafer affirmed Voet's rulingduring a Jan. 20 appeal hearing. Schafer confined his review to the facts presented at trial and didn't find any errors in the proceeding, attorneys for the dog owners said.

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Two of the dogs pit bull-mixes named Mario and Luigi areowned by Allen Hustin, of FortBragg, North Carolina, a U.S. Army veteran who served two tours of duty in Iraq and received the Purple Heart for injuries received in the conflict, attorneys for the families said. The dogs were recommended to him by a veterans group to help him cope with trauma, they said. He and his wife, an active service member stationed overseas, were visiting family in Ionia when the dogs got loose last summer.

The third dog - Major - is owned by Hustin's mother-in-law, Susan Owen.Attorneys said the dogs escaped from the yard through a hole in afence caused by a lawnmower.

Mario and Luigi are in county custody. Major also was being held at the shelter but is now missing. The Ionia County Sheriff's Department is investigating the dog's disappearance, Butlersaid.

Until recently, the dogowners had represented themselves in court.Clarkston attorney Celeste Dunn and Grosse Pointe Farms attorney David Draper stepped in on their behalf after the appeal to circuit court failed. Dunn is donating her time.Draper is receiving some limited compensation from animal welfare groups.

They are asking Schafer to dismiss the case or grant anew trial, alleging important information was withheld from the trial judge. The court has the powerto correct a "manifest injustice," Dunn said.

"This court can go beyond that (district court) record and say, 'there is a wrong here that needs to be corrected,'" she said.

A hearing is set for Wednesday morning, she said.

Butler said his office didn't withhold any information in its possession at the time of the hearing.

He said the owners of the dogs submitted evidence, questioned witnesses, testified on their own behalf and called a witness who does shepherd rescue work.

Butleralso noted that his office is one of the few in the state that has a canine staff member to help crime victims, primarilychildren, feel more comfortable during court proceedings.

"However, despite the strong, positive emotions that our office has towards dogs, our office is also charged with the duty to enforce the law," he said in the statement. "In this case, the law was enforced, the accused had their due processand the judge ruled in accordance with the law."

Contact Ken Palmer at (517) 377-1032 or kpalmer@lsj.com. Follow him on Twitter @KBPalm_lsj.

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Iraq War vet fighting in Michigan court to save dogs from euthanasia - Detroit Free Press