NORTH COAST, Calif. – A Mendocino County woman who last year was convicted of shooting her German Shepherd is potentially facing new charges after she was found in possession of chickens, which violates her probation.
Mendocino County District Attorney David Eyster said Thursday that law enforcement officers conducted a search that morning of the Caspar residence of probationer Katie Rhiannon Smith, 35.
In December, Smith was sentenced for the December 2019 shooting of “Thunder the Wonder Dog: The Cone Dog from the Woods,” who was found days later wounded and wandering in Jackson State Forest in Mendocino County and rescued by two horseback riders.
In October, Smith pleaded no contest to felony animal cruelty.
During Smith’s December sentencing, Mendocino County Superior Court Judge Clayton Brennan reduced the charge to a misdemeanor, placed her on unsupervised probation for 36 months, suspended jail time, declined to order her to reimburse the county for her legal expenses, ordered her to complete 500 hours of community service and denied the prosecution’s request that Smith be prohibited from owning or possessing animals during the term of her probation.
She was, however, ordered to submit to probation searches and to attend counseling so she can avoid committing animal cruelty in the future.
Eyster decried Brennan’s ruling and is seeking appellate review. Last month he sought to disqualify Brennan from animal cruelty and firearm cases, as Lake County News has reported.
On Thursday, Eyster said a search of Smith’s property found she was residing in possession of six chickens, a violation of state law that prohibits people convicted of animal cruelty from possessing animals.
He said a dog Smith claimed to own in December was not located during search of the property.
The chickens were seized pursuant to the warrant and have been placed in the protective custody of Mendocino County Animal Control, Eyster said.
California’s law mandates that a defendant convicted of animal cruelty as a misdemeanor shall not, “within five years after her conviction, own, possess, maintain, have custody of, reside with, or care for any animal.” To do so is a public offense punishable by up to a $1,000 fine, Eyster said.
Eyster referred to Brennan's December order that Smith serve 360 days in the county jail. He then suspended that time on the condition that Smith “obey all laws.”
Subject to the standard charging review by the district attorney, Eyster said it is believed that the six animals found Thursday residing at her home constitute a failure by Smith to obey all laws.
Once he receives and completes a review of all the reports from today’s search, Eyster said he will make a charging decision on whether to file one or more new charges against Smith, file a petition seeking violation of Smith’s informal probation, or both.
When asked to comment about today’s enforcement action, Eyster said, “If I conclude that the evidence summarized in those reports supports the filing of a new case, it should be no surprise to anyone that I will have that new case filed in Ukiah versus having it filed in Judge Brennan’s courtroom in Fort Bragg.”
He added, “Further, if I conclude that the animals found today constitute a failure by the defendant to obey all laws, specifically a failure by her to obey the statutory prohibition that she cannot be around animals, we will initiate proceedings to violate her probation.
“If and when that happens, the community at large should watch and see if Judge Brennan stays true to his December words that a violation of probation will result in the defendant having to serve the 360-day jail sentence that he suspended,” Eyster said.
Mendocino County woman convicted of shooting dog could face new charges for chicken possession
- Lake County News reports
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