Posted on 02/13/2006 4:34:27 PM PST by SJackson
MADISON - Bambi the deer won a round in Dane County Circuit Court Friday in her fight to stay with the Smith family of rural Columbus.
Dane County Circuit Judge John Albert declined to grant a request by the state Department of Natural Resources to wrest the whitetail from the Smiths, who have cared for her since she was run over by a car and chewed up by coyotes nearly two years ago. Ever since then, the DNR has waged a campaign to take Bambi away from the family.
The Smiths were in court Friday to hear Albert say that he could not grant summary judgment to order the removal of the deer because there are still factual disputes in the case. Among those is how Bambi, so named by the Smiths' grandchildren, is classified in Wisconsin.
"The state asks me to conclude this is a wild animal and not a domestic animal," said Albert, adding that he was unable to do so. And until that determination is made, the judge said, he cannot properly determine which set of statutes and administrative rules apply to Bambi.
"I really think some testimony needs to be taken and some people put under oath and under cross-examination for me to decide" that issue, Albert said.
Bambi and her twin sister came to the Smiths after friends found the two badly injured fawns following what appeared to have been a car wreck. The Smiths have been known to rehabilitate injured animals for years and they immediately tried to help the two fawns. Bambi's sister died, but Bambi survived the ordeal and the Smiths continued caring for her, carrying her around for months because she was unable to walk.
By the time the DNR became aware of the situation, the Smiths considered Bambi a part of their family and Bambi appears to have shared that feeling, even though the DNR considered her a wild animal that could not legally be held by the Smiths.
The Smiths went to court and, as the case has dragged on, Bambi has become closer to the Smiths and their grandchildren. She lost a constant companion, however. Bambi is kept in a fenced-in apple orchard, which she happily shared with a sheep named Curly. Unfortunately Curly, acting more like a hog than a sheep, saw Bambi eating acorns one day and joined in, basically eating himself to death.
Bambi shares her space with a goose now, and has a bunch of turkeys for neighbors.
"She's more lovable now than ever," said Mike Smith as he and his wife, Ilene, left court Friday. "She stands on her hind legs and asks for treats - graham crackers are her favorites," said Mike.
"She acts like a 2-year-old child," Ilene added. "She greets you by putting her nose to yours."
Unlike a 2-year-old kid, the Smiths said, Bambi comes when called and loves to be brushed and groomed.
"It's gotten to the point if you're in there (the pen) and not paying attention she'll paw you to get attention," Mike said.
And the Smiths pledge that, despite the cost, they will continue to fight to keep Bambi.
I think the reason the DNR in most states hesitate to give permits to keep fawns, has to do with many people picking up fawns in the woods that they "think" were abandoned.
Young fawns are taught to hide and stay put when young, they are very easy to catch. Most often the doe runs away without being seen, but is close by.
Unless the fawn was in an auto accident( such as seems the case here) its best to leave them alone, or view/photo them from a distance.
I would have issued a rehab permit, but cautioned them to not get to attached to it, once healed it would be turned loose.
That's a good point. I didn't think of people actively out looking for fawns.
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