But then policeman drives up. He asks me if I'm me. He came to investigate yesterday's dog bite.
He tells me to take the dogs in the house, but I take them in the back (since they're not housedogs).
But then as I go to talk to the policeman, Joey comes scampering out from the ewa side. He must be squeezing under the gate.
The policeman is on the phone trying to figure out what he's supposed to do (since he never had a dog case before). In the meantime, I sit on the sidewalk with Joey lying down next to me.
Then I take Joey back to the stairs when he's ready to talk. He tells me to sign a statement and I go to the steps to sit with Joey and write out a description of what I remember happening.
He says he has good news and bad news. The Humane Society doesn't need to take the dog. But he has to give me a citation as I'm responsible even though I'm not the owner. On the citation, "dangerous dog."
I have a court date in November.
The penalties look ominous :(
[9/14/12, posted 9/17/12]
[9/21/12] I was digging some grass as Steven jogged by and I told him sorry for all the trouble. He further explained what happened. He had to go to Kuilima the next day so the boss told him to go emergency. The emergency people had him sign some papers and evidently they reported the incident. He didn't know it would lead me having to go to court. I told him it's not his fault (obviously) and that's the way it goes. I asked him if he's OK and he said was.
***
Went to court and got read the charges. I heard the word negligence and they asked me if I plead guilty or not guilty. I didn't think I was negligent, so I said I not guilty.
The judge told me to call the public defender and come back in January.
Called the public defender and they said they're not available until February.
Looked up negligent. To me negligence is if you (or a reasonable person) think something bad might happen and you don't take proper precautions in preventing it. In this case, I didn't suspect Joey would bite anybody since he never bit anybody before. In fact, I would let Charlotte walk him since he's generally the easiest dog to walk. And I think she enjoyed walking him.
*** [1/17/13]
Later saw Steven and asked if anybody called him about the case. He said he got summoned or subpoenaed (or whatever) and has to show up. He asked his policeman friend what if he doesn't show up and was told he better show up otherwise he might get cited for contempt of court.
I think I don't want inconvenience Steven (and everybody) any more than necessary, so I'll just go without a lawyer. I think I might not qualify for a public defender anyway.
Looking up negligence in dog bites. What a pain..
[1/18/13] Well went to court. The bailiff asked if I had representation and I told him the public defender wasn't available and that I might not be eligible anyway. He told me to talk to the prosecutor. The prosecutor said this case is a little complicated and the fines were severe, so he hinted that I should get representation. He asked the public defender next to him as a courtesy, but she declined saying the case was too severe for her to just take it up. The prosecutor said I could plead no contest. I asked him what that was and he said it's the same as guilty. I asked him what if I plead not guilty and was found guilty. Wouldn't the penalty be the same as if I plead otherwise? He said not necessarily. So he told me to think about it.
On the one hand, I didn't want to inconvenience anyone any more. On the other hand, I didn't want to pay the fine (minimum of $500 he said, and the defender said there could be jail time and the dog could be put down -- the last thing I want is for Joey to be put down).
I came my time and the prosecutor told the judge that I was advised of the severity of the charges. So I told the judge that the public defender wasn't available. He asked if I made an appointment and I said I did. But then I said I probably wouldn't be eligible and wanted to get this over with. And didn't want my neighbor to have to come back. But the judge advised that I should keep my appointment anyway and, even if I wasn't eligible, they might be able to give me advice.
[1/20/13] Donna's been looking up dog bite laws. Here's one of her links.
Alvin said he has a lawyer friend who could advise me. The first meeting is free and all I have to do is buy him lunch. Maybe I'll take that opportunity.
Thinking about it. The two main things I don't want is (1) my neighbor not to come back because I don't like to bother people (2) the dog not be put down. And actually (2) should be (1).
It's not like I want to pay the fine or go to jail either though.
Sheesh. I wonder what would have happened if I had plead guilty in the first place?
[1/21/13, posted 1/23/14] Kimo barking, decide to take him out
stop Steven and ask what they said to him in court
told him I hope he don't have to come back and he said he gotta come back at least one time
I told him that I told the judge I wanted to get it over with, but the judge suggested that I go see the public defender anyway
Steven told me his cop friend told him maybe he could tell the prosecutor he doesn't want to continue with the case
[2/8/13, posted 2/10/14]
see Stephen jogging, ask if he called called back to court
he said he called them that he didn't want to continue, but they didn't get back to him
[2/12/13] update. Went to the public defenders office and was turned down saying I wasn't indigent.
Next step, see Alvin's lawyer. Over lunch, we discussed my case. He said I should fight it, but don't say anything to get myself into trouble (as he used to prosecute these cases). He also said Steven could write a letter to the prosecutor saying he didn't think I was negligent and that it was an accident. And not show up for court since it's a misdemeanor (for a first offense).
He thinks I should fight it. He'd charge about $600. The minimum fine is $500 up to $2000. So assuming I hire him and win, I would play $600. If I don't hire him and lose, I would pay a minimum of $500 and have it on my record and be in line for increased penalties including jail time. If I don't hire him and win, I don't pay anything. If I hire him and lose, then I gotta pay him and the penalty.
I'm hoping to pay nothing. And if I lose, to pay the minimum.
Anyway, I'll try to catch Steven and tell him what he said.
Hey, I should have read this before I went to court. So I would have known somewhat what to expect.
[2/19/13] Steven called the prosecutor and told him he didn't want to continue. On Friday he got a call back that the prosecutor is going to drop the case
So I go to the court in the morning. My case is at the top of the list. Witnesses listed were Steven and the policeman. I took that as a good sign because Steven said he wasn't coming. And the policeman wasn't really a witness. Well I guess he witnessed how Joey acted when he was writing out the citation. Which was lying down next to me while I was waiting.
Sure enough, this morning the prosecutor tells me they're dropping the case. The prosecutor tells the judge that the evidence didn't match the case (or something like that). And the judge dismissed the case with prejudice and says I don't have to come back. What does that mean? it means the case is over. Also on my Notice of Entry of Judgment and/or order, the term nolle prosequi was checked off. What does that mean? It means the prosecutor has voluntarily discontinued criminal charges before the trial begins.
In other words, yay! (and whew)
In any case, I'm definitely going to be keeping a closer eye on joey (and steven) when I walk him.
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