Judge grants retrial to Cody pit bull owner

Billings Gazette ^

[Chet 99]

Last modified on 4/21/2009 at 12:19 am Judge grants retrial to Cody pit bull owner

By RUFFIN PREVOST Gazette Wyoming Bureau CODY - A judge has ordered a new trial for a Cody man convicted last month of keeping a vicious animal after his dog chased two horses in their corral, one of which ran into a fence post and died.

"That's one of those good-news, bad-news things," Judge Bruce Waters told defendant Raymond Goodman on Monday.

The good news for Goodman, 20, is that he has a right to a jury trial, which he was not allowed during his March 10 bench trial before Municipal Court Judge Ed Webster. The bad news is that Waters denied Goodman's request for a court-appointed attorney.

Waters, a Circuit Court judge who was assigned the case by Webster, told Goodman that "there is no question you're entitled to a jury trial," and that "the bench trial that was previously held does need to be set aside."

Webster ruled last month that that Doobie, a mixed-breed pit bull and American bulldog, met the definition of a vicious animal, and he ordered owner Goodman to euthanize the dog and pay the horse's owner $2,103.45 in restitution.

But Doobie was spared, at least temporarily, when City Attorney Scott Kolpitcke learned shortly after that trial that Goodman may have had the right to an attorney, and filed a motion to vacate the ruling and hold a new trial.

Webster had denied Goodman's earlier request for an attorney, stating that the defendant was not facing a potential jail sentence. Goodman represented himself last month after he was unable to hire an attorney.

Though Cody's general city ordinance detailing jailable offenses does not list keeping a vicious animal, a separate section on animal offenses states that "in addition to or in lieu of the monetary fine, a jail sentence not to exceed six months may be imposed."

Kolpitcke said he was previously unaware of the provision but had not sought jail for Goodman. Waters said Monday that he would not sentence Goodman to any jail time if convicted.

Because Goodman was told the same thing by Webster in February during his initial court appearance, the rules for Wyoming criminal procedure state that he is not entitled to a court-appointed public defender, Waters said.

But a Wyoming Supreme Court decision states that a defendant is entitled to a jury trial when charged with a crime for which jail time is possible, Waters said.

"I'm just thinking out loud here," Waters said with a furrowed brow, as he told Goodman that the doctrine of double jeopardy - being tried twice for the same crime - did not apply, because Webster's decision was null and void.

Goodman had asked Waters to dismiss the case, telling the judge that "it was really stressful for me, because I thought I was going to have to kill my dog."

Waters told Goodman that "may still be a possibility," and advised him to hire an attorney. Goodman said after the hearing that he was not sure whether he would hire an attorney or again represent himself.

A pretrial conference in the case is set for July 6, with a jury trial scheduled for July 16.

The hearing follows an incident last week in which a Billings man was bitten for the second time by the same pair of pit bulls.

Park County Commissioners are scheduled at 11 a.m. today to hear from a resident seeking a vicious animal law based on an incident involving a pit bull.

Contact Ruffin Prevost at rprevost@billingsgazette.com or 307-527-7250.

[WayneS]

... an incident last week in which a Billings man was bitten for the second time by the same pair of pit bulls.

That reminds me of an old saying: "Fool me once, shame on you - Fool me twice, shame on ME."

[freedumb2003]

But they are FRIENDLY! The statistics are just lying! (/pb denial)