Local pig cruelty allegations: Appeals court rules against owners

Published: Friday, November 24, 2017 @ 4:39 PM


            Brian Weltge, President and CEO of the Humane Society of Greater Dayton, last year discussing four new projects. STAFF
Brian Weltge, President and CEO of the Humane Society of Greater Dayton, last year discussing four new projects. STAFF

A state appeals court has reversed a trial court’s decision to grant a motion to suppress in an animal cruelty case out of Drexel and involving pigs.

Two brothers were charged with seven counts of animal cruelty, a second-degree misdemeanor, after an agent with the Human Society of Greater Dayton seized seven pigs from their property at 6719 Dayton-Liberty Road.

On Jan. 7, Humane Society agent Heather Concannon removed seven pigs from a property that she says “we’re freezing to death,” including piglets whose teeth were chattering and their ears were shaking, according to her testimony in municipal court for the western division of Montgomery County.

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She testified that it was 6 degrees outside, not accounting for the wind chill.

Concannon said there was an ongoing investigation into cruelty to animals at the property since 2015. She testified that on Jan. 3 she heard what sounded like an animal in distress and walked up the driveway where she discovered a pig enclosure, according to documents from the Second Court of Appeals of Ohio for the second appellate district.

The pigs were stuck in cold mud and were at risk of hypothermia, Concannon testified, and she told the property owners they needed to remedy the hazardous conditions of the pens by the weekend. She said the brothers had agreed to fix the problems by the afternoon of Jan. 7.

But Concannon removed the pigs sometime after 12:01 a.m. Jan. 7, which she claims was necessary to save their lives. She testified that a storm was coming in and she had to act quickly.

As a result of the seizure, animal cruelty charges were filed against the brothers.

The defendants argued that Concannon performed unconstitutional searches of their farm property, violating their Fourth Amendment rights. Concannon admitted in testimony that she never obtained a search warrant.

In April, a municipal court judge with the Western Division of Montgomery County granted a motion to suppress the evidence collected and observed by Concannon and the statements the brothers made.

But this week, an appeals court ruled that Concannon’s observation and removal of the pigs were not unlawful.

The state argued that her observations of the pigs and their pen were from the access driveway on a non-residential farm field, which lacks reasonable expectations of privacy. Her observation falls under the open view exception to the warrant requirements, and her observation was not an actual search, subject to Fourth Amendment protections, the court ruled.

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Police: Motorist drives into house, flees scene in Miami County

Published: Saturday, April 21, 2018 @ 4:07 AM

Troy police are looking for a suspect who drove into the side of a house in Troy Saturday.

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Crews were dispatched to 400 block of East Staunton Road around 2:15 a.m. on reports of a vehicle into a structure.

The motorist didn’t stay at the scene and drove away after causing significant damage to the house, according to Sgt. Mumford of the Troy Police Department.

The vehicle was found a couple blocks away from the house but possible suspects were not found, Mumford said.

Residents were home at the time but no one was injured, according to Mumford. 

Mumford said the vehicle had significant damage to it.

It’s not known what caused the accident.

Got a tip? Call our monitored 24-hour line, 937-259-2237, or send it to newsdesk@cmgohio.com

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Two arrests made during OVI checkpoint in Greene County

Published: Saturday, April 21, 2018 @ 3:31 AM


Getty Images/iStockphoto
(Getty Images/iStockphoto)

Two OVI checkpoints and saturated patrolling took place in Beavercreek and Fairborn Friday night.

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It was reported that 510 motorists passed through the two checkpoints, according to Lieutenant Matt Schmenk of the Ohio State Highway Patrol’s Xenia Post.

The checkpoints took place on Colonel Glenn Highway from 8 to 10 p.m. in Beavercreek and 10 p.m. until midnight in Fairborn, according to Schmenk.

Five motorists were evaluated for impairment during the checkpoints but no arrests were made. Two OVI arrests were made during the checkpoints by saturated patrols in the area, Schmenk said.

The checkpoints were held by OSP, Greene County Sheriff’s Office, the Beavercreek Police Department and the Fairborn Police Department.

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Family Video robbed at knife-point in Dayton

Published: Saturday, April 21, 2018 @ 3:00 AM



Michael Pitman/mdpitman
(Michael Pitman/mdpitman)

Police are searching for a man who reportedly robbed a Family Video at knife-point in Dayton Friday.

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The suspect reportedly entered the location at 1910 Wayne Ave. just after 10:30 p.m., according to the employee working at the time.

A man in his late 20s to early 30s reportedly looked around the store before going behind the counter and pulling out a pocket knife, according to a Dayton police report.

The employee told police the man put the knife to the their stomach and demanded them to get on the ground. The suspect then took an undisclosed amount of money from the drawers before leaving out of the front door on foot, the report said.

It was not known which direction the suspect went.

A K-9 was requested to the scene, as well as an evidence technician, according to the report.

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The suspect is described as being between five foot six and five foot eight inches tall, thin with a dark mustache and brown hair. He was wearing a black hooded sweatshirt with a red shirt underneath, a black and red hat and jeans, according to the report.

Got a tip? Call our monitored 24-hour line, 937-259-2237, or send it to newsdesk@cmgohio.com

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Fire destroys barn in Shelby County

Published: Friday, April 20, 2018 @ 11:34 PM

A fire destroyed a barn Friday evening near Houston in Shelby County.

The blaze was reported sometime around 4 p.m. in the 2100 block of Patterson Halpin Road.

(Kathy Dapore Greve / Contributed)

Crews from multiple fire departments were called to the scene.

Got a tip? Call our monitored 24-hour line, 937-259-2237, or send it to newsdesk@cmgohio.com

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