HomeMy WebLinkAbout2021_03_04 AWC Hearing MinutesSouth Bend Animal Welfare Commission
Hearing Minutes
March 4, 2021
1850 Hours
County City Building
4th Floor
227 West Jefferson Blvd
South Bend, IN 46601
Hearing Case Number 2021-01 City of South Bend v. Shaquille Delaney &
Angela Ortiz (Order Issued February 19, 2021)
Animal Control Commission Members Present: Pam Wesolowski, Rebecca Strand,
Dr. Mariah Covey, Karen Haun,
and Barb Leavell
City Staff Present:Lindsey Cuellar -SBARC Shelter Manager, Tom
Panowicz-Attorney for SBARC, and Dani Campbell
Weiss-Commission Attorney
1.The hearing was called to order by hearing officer Virginia Wolfe,
Hearing Officer at 1850 hours.
A.Hearing regarding Habitual Animal Offender residing at 1117
College Street, South Bend.
B.Respondents are Shaquille Delaney and Angela Ortiz.
C.Have received 7 citations in two (2) years.
D.Have received several AWA’s starting in June 2020.
2.Service was made and accepted by Hearing Officer.
3.Tom Panowicz called Lindsey Cuellar to give testimony regarding the
Citations and AWA’s.
A.File on this address was opened in June 2020.
B.Six (6) dogs were involved regarding this address and owner at
the time.
1.Sahara a Pit Bull mix, nine (9) months old.
2.Boss a Cane Corso mix, four (4) months old.
3.King Messiah a Cane Corso mix, no age given.
4.Kilo Terrier/Pit Bull mix, six (6) months old.
5.Unknown dog number two (2) a Terrier mix, three (3) months
old.
6.Unknown dog number three (3) Terrier mix, three (3) months
old.
C.First violation happened in June 2020 due to animal running at
large, no vaccination or registration.
D.From June 2020 to January 2021 several Citations and AWA’s were
written for animals at this address.
E.January 2021 two dogs were served by SBARC and had a ten (10) day
quarantine due to a dogs killing two (2) cats. Received a bite
notification.
F.Several exhibits were given into evidence.
1.Exhibit one (1) (a & b) was an affidavit of service and
order to comply and notices of hearing addressed to the
Respondents, with memoranda attached setting for the hearing
process guidelines. Including certified mail receipt proving
service upon the Respondents.
2.Exhibit two (2) is a Person View Report showing addresses,
names of the animals put into SBARC purview, and incidents
involving dogs from this address or registered to
Respondents.
3.Exhibit three (3) (a-c) is a License Contract for three (3)
dogs. Dated December 2020 and January 2021.
4.Exhibit four (4) is an Animal Review Report for Sahara.
5.Exhibit five (5) is an Animal Review Report for Boss.
6.Exhibit six (6) is an Animal Review Report for King Messiah.
7.Exhibit seven (7) is an Animal Review Report for Kilo.
8.Exhibit eight (8) is an Animal Review Report for Unknown dog
number 2.
9.Exhibit nine (9) is an Animal Review Report for Unknown dog
number three.
10.Exhibit ten (10) is a list of Animal Welfare Alerts along
with copies of Alerts attached, starting June 2020.
11.Exhibit eleven is a list of Ordinance Violation Citations
along with copies of Citations attached, starting June 2020
12.Exhibit twelve (12) (a-d) are pictures taken by SBARC
employees of dogs running at large and the deceased cat
along with the dates the pictures were taken.
G.As of the date of this hearing all the dogs have been seized. One
dog escaped SBARC’s custody and at the time of this hearing is at
large.
H.South Bend Animal Care and Control is asking for the Respondents
to be prohibited from owning dogs for at least five (5) years.
I.South Bend Animal Care and Control asking for animal welfare
checks and for the Respondents comply with this decision upon
compliance they can have their animals back.
J.City rests their case at this time.
4.Respondents, S. Delaney and A. Ortiz, presented their case.
A.Respondent Ortiz stated two dogs are hers, while Delaney brings
dogs over while at work or visiting. And she currently lives in
Michigan City.
1.Stated she had two dogs taken by SBARC.
2.Asked why there were no witnesses for them to question
regarding the deceased cats.
3.Stated her name shouldn’t be listed.
B.Respondent Delaney stated all children at residence are under 18
years of age but one.
1.States dogs are in kennels most of the time since he works
third shift, hinted at the possibility of the kids taking
dogs out and not watching them.
2.Was at certain times when citations and alerts were issued
while at the DuComb Center.
a.Was at DuComb for a year.
b. Was on look-down for sixty (60) days due to a “dirty
drop” then he went back to jail, didn’t state how much
time he was in for at that point.
c.States he was incarcerated from June 2020 to
September/October of same year.
d.States from October 2020 until recently he was
incarcerated.
e.His wife lives in Michigan where he plans to take dogs
for breeding.
5.The Commission is taking the case under advisement and will issue a
decision at April 2021. Pending Hearing Officer’s findings of fact.
Hearing Adjourned at 2050 hours