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corky crowder
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GREAT NEWS

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Old Post 03-29-2013 10:44 PM
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Sam Davis
UKC Forum Member

Registered: Jul 2003
Location: Adamsville, TN
Posts: 698

Re: bond

quote:
Originally posted by lloyd..duncan
The old boy who shot dogs is on is way to pay bond to stay out of jail


How much is the bond? This is a good indication of what law enforcement officials think of this.

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Old Post 03-29-2013 10:47 PM
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lloyd..duncan
UKC Forum Member

Registered: Jun 2010
Location: IOWA
Posts: 167

bond

4000 bond
Criminal mischief 1 year jail time
Animal abuse 2 years jail time
Animal abuse 2 years jail time
Not sure of fine amounts but I do know there large

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Old Post 03-29-2013 11:29 PM
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walkerdog1
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Registered: Feb 2012
Location: west virginia
Posts: 721

Re: bond

quote:
Originally posted by lloyd..duncan
4000 bond
Criminal mischief 1 year jail time
Animal abuse 2 years jail time
Animal abuse 2 years jail time
Not sure of fine amounts but I do know there large

that's a good start

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Old Post 03-30-2013 12:00 AM
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hillbilly56
UKC Forum Member

Registered: May 2007
Location: fairmont wv
Posts: 11976

Re: bond

quote:
Originally posted by lloyd..duncan
The old boy who shot dogs is on is way to pay bond to stay out of jail
thats a good deal hope he gets everything he deserves and more but i still really sorry for you guys hope he has to pay for y'alls dogs but it still wont be the same

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Old Post 03-30-2013 02:25 AM
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Emily
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Registered: Feb 2004
Location: West Kill, NY
Posts: 2043

http://futures.tradingcharts.com/news/futures/Man_charged_in_coonhound_shooting_incid

Man charged in coonhound shooting incident
Sponsor

Mar 30, 2013 (The Hawk Eye - McClatchy-Tribune Information Services via COMTEX) --

A man who admitted shooting two coonhounds on his property last weekend has been charged with two counts of animal cruelty.

William Totemeier, 51, 17654 Des Moines Henry Ave., turned himself in Friday afternoon at the Des Moines County jail. He was released a short time later after posting a $4,000 bond.

In addition to the animal cruetly charges, he also is accused of fourth-degreee criminal mischief for burning the GPS collars of the two coonhounds.

Totemeier initially denied shooting the dogs but eventually told authorities he shot the coonhounds because they were on his property scaring his cattle.

If convicted of the animal cruelty charges, he could be sentenced to two years in prison on each count. The criminal mischief charge carries a maximum sentence of one year in prison. He also could be fined up to $6,250 on each count and placed on probation instead of going to jail.

Steven Ort, Totemeier's attorney, issued a statement concerning the charges.

"Mr. Totemeier regrets having to take the action he took to protect his livestock and his person," Ort said. "Iowa law allows landowners and others to protect their domestic animals from dogs running at large and threatening those domestic animals.

"He is disappointed that the owners of the animals failed to take appropriate steps to protect their dogs by having them under control and keeping them where they had permission to be. Mr. Totemeier suffered a broken fence line and other property damage as a result of the dogs' actions.

"Mr. Totemeier, who is himself a dog owner, has every right to protect his property as allowed by Iowa law."

The dogs, a black-and-tan and a redbone, were shot during a raccoon hunt organized by the United Kennel Club last weekend near New London. The controlled hunt, which was sponsored by the local club in Mediapolis, involved several "casts."

A "cast" is small group of hunters, usually four people, with a judge and a guide.

Lloyd Duncan and Ernie Anderson both were pleased when told Friday Totemeier will face charges in the shooting of their dogs, Bobby and Dixie.

"The sheriff's department and the DNR (Department of Natural Resources) are doing what they can," Duncan said. "I'm glad he was (cited). It's not a revenge thing for me. I just think he should be prosecuted for what he did to our dogs. I hope he gets what he deserves."

Anderson agreed.

"I think it's a good deal," the Davenport man said. "I hope it's going to make other people think before they do something like he did ... I don't understand the guy at all. I live in the country, and we see dogs all the time ... But we don't kill them."

Duncan, who lives in Salem, said there was no reason for Totemeier to shoot the dogs.

"I've been at this (coon hunting) for 30 years," he said. "Whether you like me or not, people know I am a responsible person. I love my dogs and I would never put them in harm's way."

Both men also were upset Totemeier allegedly misled law enforcement officers while they frantically searched for their animals.

"He lied and lied," Anderson said. "He should have just told the truth."

Investigators said Totemeier initially told them he shot at the dogs but didn't hit them. However, when confronted with the GPS tracking coordinates the owners of the dead dogs were using, he admitted to shooting the dogs and trying to burn their GPS collars in a wood stove near his residence.

"Upon investigation, it was found the defendant did shoot two dogs that had come onto his property," according to a probable cause affidavit. "Defendant admitted to shooting the dogs because they were disturbing his cattle.

"After shooting the dogs, the defendant removed the collars and threw them into his woodburner stove by his shed. Defendant said he destroyed the GPS devices so the dogs could not be located."

Duncan disagreed with the accusation his dogs were disturbing Totemeier's cattle.

"I don't want to get into all of the evidence, but I will say this: They were no where near his cattle when he killed those dogs," he said.

Des Moines County Sheriff Mike Johnstone, who could not be reached for comment Friday, said earlier this week his investigators and Department of Natural Resources officer Paul Kay were examing several factors before making a final decision on whether charges would be filed.

"One of the key issues is whether the farmer had justification in shooting the dogs," Johnstone said. "Iowa law is pretty clear: If a dog is in the act of chasing, maiming or killing a domestic animal, the shooting would be justified. ... We are trying to determine exactly what the dogs were doing when they were shot."

Kay and the deputies went to Totemeier's home late last Saturday. When they arrived, they were met by a group of hunters from the Mediapolis area. The men wanted help dealing with Totemeier, who they believed shot two of their dogs after they treed a raccoon behind his house.

According to several club members, Anderson and Duncan had two of their dogs in a cast. Anderson said he was letting a friend handle his dog, Bobby, while he was with another cast.

Anderson said his dog, Bobby, and Duncan's dog, Dixie, were wearing GPS collars during the hunt. The dogs got away from their handlers and eventually took off. The hunters heard barking, then gunshots. However, they couldn't tell in which direction the shots were fired. The sounds of the dogs barking fell silent.

The group began searching for the dogs on foot and in vehicles. The hunters checked their GPS devices and determined the dogs were about a mile west of where they were turned loose, said Curtis Messer, a club member involved in the hunt.

When members of the club confronted the farmer near where the GPS system indicated the dogs should be, Totemeier told them to "get off my property."

The men returned to their clubhouse and called the sheriff's department. Several club members returned to the farmhouse and waited for deputies to arrive.

During the interview with detectives, Totemeier eventually admitted to shooting the dogs and burning their collars. Deputies were able to retrieve the dead dogs and return them to their owners, Duncan and Anderson said.

Duncan said he and his partner, Laura Schackleford, are distraught over their dog's death.

"To us, Dixie was not just a great coon dog," she said. "She was a part of us. Lloyd and I don't have children together, but together, we had Dixie. Of course I knew the dangers of hunting, but I never thought something like this would happen.

"There are a lot of emotions we are dealing with in our home. We don't understand why she was killed and probably never will. Coon dogs come and go, but for me, there will never be another Dixie. I would like to see justice done, but what I really want cannot be brought back to me."

___ (c)2013 The Hawk Eye (Burlington, Iowa) Visit The Hawk Eye (Burlington,
Iowa) at www.thehawkeye.com Distributed by MCT Information Services
Andy Hoffman

Copyright (C) 2013, The Hawk Eye, Burlington, Iowa

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Old Post 03-31-2013 03:43 AM
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Rip
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Registered: Jun 2003
Location: Morrison TN
Posts: 4927

Hope they saved the GPS coordinates cause if not the lying scumbag will get out of it claiming they were molesting his cattle. That is his latest lie but unfortunately it will work unless the dog owners can prove otherwise or he has a previous statement saying they were just in the yard or something. Bet his lawyer told him to say that cause he knew how hard it would be to prove they were not messing with the stock.

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Old Post 03-31-2013 05:07 AM
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Ashley Pratt
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Registered: Jun 2004
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Lloyd called me the night it happened and I told him to keep them for court so I'm sure he did.

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Old Post 03-31-2013 05:17 AM
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lloyd..duncan
UKC Forum Member

Registered: Jun 2010
Location: IOWA
Posts: 167

garmin

Garmin info Stored...downloaded...emailed ...I will say this dogs never come close to his house Nor the cows alive. He went clear out of his way just to shot them off a tree. If I was able to post garmin info I wouldn't have to tell u what happen its all right there.

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Old Post 03-31-2013 06:22 AM
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kayapellijed390
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I love his lawyer's statement. An innocent man who was only trying to protect his livestock doesn't lie about shooting towards dogs to scare them away and he definately doesn't burn the collars to try to get rid of the evidence. Those are the actions of a guilty man. I sure hope the judge sees through his lies and lets the gavel fall hard and heavy on him.

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Old Post 03-31-2013 07:20 AM
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Majestic Tree H
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Registered: Nov 2005
Location: New Market Va
Posts: 4670

" Dogs running at large " !! As his Lawer stated ..

I paid Dearly for this in Virginia .. I appealed the First judgement and End up Paying Double .....

At What point are our Hunting Dogs " Running At Large " ???

Its the Point that we can not Call them back and prevent them from Entering Private Property !!

Next if the Hunters had Contact with the Hounds Using GPS and they could have clearly seen on their GPS Reciever that the Dogs were going to enter Private Property " Why Didn't they Stop Them " ???

(Answer) " OH UKC doesn't allow Us to Look at our Recievers During a Hunt "

This is Not a justifiable answer to preventing a dog from entering Private Property ..

Just Showing how easy this case could Be LOST ....

The Guy is all ready Defending his actions by " Stating that "He" was protecting his Cattle .. Which is all that is Needed ..

Distroying the Tracking Collars is a Hanger thou ..

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Old Post 03-31-2013 01:18 PM
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Fred Harroun
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We do have the right retrieve law in iowa.

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Old Post 03-31-2013 02:55 PM
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Plott55
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quote:
Originally posted by Fred Harroun
We do have the right retrieve law in iowa.


Please post A copy of that law!!!! I find it hard to understand any State giving a person full power to go on private land without the full consent of the land owner.

I realize the USA is moving toward a central goverment; to do away with State rights and private ownership and become a communist nation!!!==But that hasn't happened yet.

The Ole Plott Man

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Old Post 03-31-2013 05:29 PM
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Marty Waddell
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Registered: Jun 2003
Location: Iowa
Posts: 559

It is true. We as dog owners, not just hounds but any dog, have the right to go after our dogs on private land as long as you do not carry a weapon.

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Old Post 03-31-2013 05:50 PM
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hillbilly56
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Registered: May 2007
Location: fairmont wv
Posts: 11976

quote:
Originally posted by Plott55
Please post A copy of that law!!!! I find it hard to understand any State giving a person full power to go on private land without the full consent of the land owner.

I realize the USA is moving toward a central goverment; to do away with State rights and private ownership and become a communist nation!!!==But that hasn't happened yet.

The Ole Plott Man

we have the right to retrive law here in wv but theres a couple things your supposed to do 1st ask the land owner if they refuse you call the dnr or the local law they go with you to get your dog but you cant take a gun or take the game unless the land owner tells you you can i hunt mostly right around my house theres some posted ground around if dogs get on it i go get them they go to hollowern and screaman at me i tell them who it is they say ok i get my dog and the coon if we go away from the house i still go get my dogs and if the warden shows up i will pay a trespassing fine if thats what it takes to get my dog and i will defend myself and my dogs from some idiot that thinks he gonna shoot my dog or me but thats here dont know about iwoas laws i clearly understand these fellows didnt have time to get to thier dogs in time to save them from this idiot

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Old Post 03-31-2013 05:50 PM
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Majestic Tree H
UKC Forum Member

Registered: Nov 2005
Location: New Market Va
Posts: 4670

Virginia State Law of Retrival .. But I can't find one for Iowa at least in the Game Regs.

Hunting with Dogs
•Dogs may be used to pursue wild birds and animals during hunting seasons where not prohibited.
•Section 18.2-136 of the Code of Virginia decriminalizes trespass in certain instances related to dog retrieval. That section provides: "Fox hunters and coon hunters, when the chase begins on other lands, may follow their dogs on prohibited lands, and hunters of all other game, when the chase begins on other lands, may go upon prohibited lands to retrieve their dogs, falcons, hawks, or owls, but may not carry firearms or bow and arrows on their person or hunt any game while thereon. The use of vehicles to retrieve dogs, falcons, hawks, or owls on prohibiteds lands shall be allowed only with the permission of the landowner or his agent. Any person who goes on prohibited lands to retrieve his dogs, falcons, hawks, or owls pursuant to this section and who willfully refuses to identify himself when requested by the landowner or his agent to do so is guilty of a Class 4 misdemeanor."

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Old Post 03-31-2013 06:19 PM
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Tully
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Registered: Feb 2011
Location: Central Iowa
Posts: 889

there is not a separate hound law in IA

But retrieving our hounds on private property falls under the same code as wounded game where as you can retrieve on private property without driving on the land or carrying a firearm.

Iowa code 716.7-3 reads
3. The term "trespass" shall not mean entering upon the
property of another for the sole purpose of retrieving personal property which has accidentally or inadvertently been thrown, fallen, strayed, or blown onto the property of another, provided that the person retrieving the property takes the most direct and accessible route to and from the property to be retrieved, quits the property as quickly as is possible, and does not unduly interfere with the lawful use of the property.

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lloyd..duncan
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Registered: Jun 2010
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Iowa code 717B.2 also I believe.

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Old Post 03-31-2013 07:29 PM
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micooner
UKC Forum Member

Registered: Aug 2006
Location: milan,mi
Posts: 1378

Sorry for your loss. Don't let up and get you a lawyer to work on a civil case if at all possible. Burning those collars will most likely tip the scales along with GPS JMHO good luck

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Billy George
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Did his lawyer really say that the dog tore out a chunk of fence
?

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lloyd..duncan
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Registered: Jun 2010
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billy

Yes he stated dogs run em through fence. Everybody there new that was coming because that's his only out. There's a lot more going against most of which where his own statements to cops an dnr.

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Old Post 03-31-2013 09:16 PM
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Rip
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Registered: Jun 2003
Location: Morrison TN
Posts: 4927

Thank GOODNESS they saved the Garmin tracks. They can put them on Google Earth and show EXACTLY where the dogs went and where they were killed at.

Provided they don't get someone crooked that won't allow it as evidence that should make it a pretty solid case for them to win. Can't hardly argue against the garmin, especially with his previous statements.

Keep us informed, we all want to see this guy get what he deserves.

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Bob Hennessey
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Registered: Feb 2010
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Minnesota right to retrieve law. A person on foot may, without permission, enter private land without a firearm to retrieve a hunting dog. After retrieving the dog,the person must immediately leave the premises. This exception does not authorize the taking of the wild animal.

Plott55, this is Minnesota's retrieve law.

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562clayton
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Registered: Apr 2011
Location: palmyra, missouri
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Re: there is not a separate hound law in IA

quote:
Originally posted by Tully
But retrieving our hounds on private property falls under the same code as wounded game where as you can retrieve on private property without driving on the land or carrying a firearm.

Iowa code 716.7-3 reads
3. The term "trespass" shall not mean entering upon the
property of another for the sole purpose of retrieving personal property which has accidentally or inadvertently been thrown, fallen, strayed, or blown onto the property of another, provided that the person retrieving the property takes the most direct and accessible route to and from the property to be retrieved, quits the property as quickly as is possible, and does not unduly interfere with the lawful use of the property.



Does anyone know if Missouri has the same kind of law?

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Tim MACHA
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Registered: Jun 2003
Location: Troy Iowa
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Re: Re: there is not a separate hound law in IA

quote:
Originally posted by 562clayton
Does anyone one if Missouri has the same kind of law?


Sorry, but no. My understanding that in Missouri you have to ask permission to retrieve. If they refuse, you have to call and wake a conservation agent out of a dead sleep and have him come out and excourt you to get your dog. What kind of mood do you think that agent would be in by the time he got there to help you ? lol

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