Investigations and Animal Abuse
by Suzan Guilford
There is a lack of understanding and much frustration about animal abuse issues and how the process works when reported to law enforcement. Normally when a crime has been committed, the following happens: Someone reports to law enforcement, i.e., local police department, sheriff’s office, federal agency like the Bureau of Indian Affairs (BIA) or Wyoming Game and Fish, that a crime has occurred. Law enforcement responds and collects information from the reporting party; statements, photos, evidence, and other data to corroborate or disprove that a crime has happened. A citation may be issued, an arrest made, or a recommendation sent to the city, county, or state attorney for review and charges to be filed. Once an official charge is made, a court date is set, the subject may pay a fine, appear in court, plead guilty or request a trial.
When animal abuse is the reason for the investigation, other factors influence this process. It is quite different from a property crime or white-collar crime where facts and evidence are fairly clear. Charges of animal neglect, cruelty, abuse, and abandonment are more like family violence cases such as child abuse, domestic violence, and sexual assault charges. These cases are more emotional, subject to interpretation, and rely on the law enforcement officer to conduct a thorough investigation. This generally is where cases and evidence fall apart. The initial informant is often reluctant to get involved and may provide minimal information to work with. Fear of repercussion or retribution often keep them from reporting an issue or from providing solid information. Due to lack of initial information, law enforcement may not conduct a thorough investigation, which would include asking lots of questions of the reporting party, taking photos, collecting evidence, contacting an expert, interviewing neighbors, and building a case to prove that a crime has or has not occurred. One important question; Is this a one-time event or has it been ongoing? (Very similar to domestic violence investigations.) The law enforcement officer’s personal experience and beliefs often influence how an investigation is handled.
The decision does not always lay solely with the initial law enforcement officer. Oftentimes it is the attitude of that specific agency and previous handling of similar cases that influence decisions. Does the agency consider animal abuse issues important, by prioritizing them and allocating funds and time for investigations? If not, that policy or attitude will filter to the employees of the agency. If there are no solid local ordinances to enforce, or good state statutes to adhere to, then charges are difficult to prove or to enforce.
Training and education for our law enforcement officers, attorneys, and animal control/community service officers are the key to success. Proper training on conducting good investigations, coupled with stronger animal abuse laws, are ways Wyoming can change the attitude and behavior regarding animal abuse issues. Public involvement and education will also help raise the level of awareness of this crime. Experience, perceptions, and attitudes of the city, county, or state attorney are significant factors in prosecution or lack thereof. Time constraints, busy court dockets, and lack of funds influence whether charges may be pursued. Wyoming Game and Fish is one agency that has done a good job in educating the public about hunting rules and regulations, involving the public, and in working with prosecuting attorneys to bring successful prosecution for their cases. Their investigations and cases are thorough and supported with good state statutes that have held up in the court system. However, Wyoming’s laws could be better in other areas.
Suzan Guilford retired from the Sheridan Police Dept. as Captain for 24 years, she also taught at Sheridan College and WY Law Enforcement Academy. A volunteer and board member on animal shelters in Sheridan and Buffalo, her work in law enforcement and animal welfare has given her a unique perspective on how the system and Wyoming's laws work, and often times, do not. Having had a canine partner while on the police force, this later led to training dogs in basic obedience, search and rescue, tracking, and then eventually teaching these skills. A lifetime of working with animals eventually led her to join the board of WYCAP.
