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These chickens got killed by your dogs.

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I immediately saw feathers
all over my back yard.

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And all of the chickens were missing.

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You know that your dogs have done this.

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Nothing was ever told to me, that
these dogs just attacked these chickens.

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They jumped out the window of your house!

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[Narrator] Today, on Tribunal Justice...

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This case was filed in
Ypsilanti, Michigan.

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[Byrd] Your Honor, this is case #1128
on the calendar

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in the matter of Clarice vs. Linville.

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Parties have been sworn in.
You may be seated.

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-[Adam] Thank you, Byrd. Miss Clarice,
-[Byrd] Mm hm.

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According to your complaint,
two separate occasions,

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the Defendant's dogs entered your property
and killed several of your hens.

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-Yes.
-During one of the incidents,

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you were injured
and required medical care.

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You're suing the Defendant for $6,500.
And you broke that down as follows:

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$3,200 for the cost to raise new chicks
to replace the hens that his dogs killed.

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Then, $1,105 for vet bills
for the hens that survived.

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$800 for your own medical bills.
Five days of lost wages for $960.

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And then, assorted other items
involving future egg earnings.

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And then, the four replacement hens
for $60. Is that correct?

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That's correct.

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Now, Mr. Linville, you say
that there's no concrete proof

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that your dogs killed or injured
any of her hens. Is that correct.

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Correct, Your Honor.

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That as for her injuries,
they were self-inflicted.

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That she acted negligently
when she attempted to separate

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the attacking dogs from her chickens.
And that's when she ended up

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scratching the cornea of her eye.
And that your dogs are well trained,

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-and friendly to humans and other animals.
-Correct.

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All right. So we're clear,
what kind of dogs were they?

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Uh, so Duke is a doodle. So, it's a mix
between a golden retriever and a poodle.

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And then, Stella is an American bully.
Which is, basically,

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they bred the temperament of aggression
out of pit bulls

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and made them family friendly,
and that's the American bully.

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I'm sorry, did you say that the aggressive
tendencies were bred out of this dog?

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Correct.

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Well, I guess that's what we're
gonna find out now.

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Miss Clarice, let's talk about the first
incident, 'cause there were two, correct?

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-Yes.
-[Adam] The date of the first incident.

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What were you doing
on August 22nd to support yourself?

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That day, I was working for a bank,

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that I was a call-center employee for
remotely from home.

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And according to your complaint, you also
run this small hobby farm with ten hens,

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and you sell the eggs
to help offset some of the expenses

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-as well as supplement your income.
-Yes.

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How long have you been raising hens
and selling eggs?

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I got my chickens in 2020.
Kind of typical for a pandemic project.

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That was what I did during the lockdown
was build my chicken coop

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and started with the chicken project
at that point.

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And Mr. Linville, are you employed?

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I have a painting business.

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-[Adam] Painting business?
-Yep.

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Who takes care of your dogs
when you're not home?

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Um, I work for myself,
so I have a pretty flexible schedule.

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Uh, so generally,
I let them out in the morning.

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Um, and I come home and let them out
in the afternoon and then,

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when I come back from work
in the evening and they're out.

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And where are they kept?
Are they only kept inside

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or you also keep them outside
when you're not home?

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When I'm not at home, they're inside.

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-[Adam] Always?
-Correct.

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-Is your property fenced in?
-Yes.

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So, they could be outside
when you're not home.

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No. They're in a crate in the house
while I'm gone.

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-[Adam] You crate train them?
-Correct.

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Okay. Now, there were
two separate incidents, sir,

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when it's alleged that your dogs
attacked and killed the Plaintiff's hens.

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How did your dogs escape in August?

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So, uh, actually both incidents, um,
I let them out in the morning.

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And then, I went upstairs to take a shower
and get ready for work.

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So, you left them outside unattended?

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Correct. I let them out, I was upstairs.
And I had just, um, put in a shed

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in my back yard, but I didn't put it
into the exact corner of the yard,

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so they squeezed around.
And I replaced the fence.

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I spent $5,000 to put in a new fence
when I bought the house.

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Hold on, did you say
that they squeezed through the fence?

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Yeah. And then, her side of the fence
is wood still. So then,

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they broke one of the wood slats, I guess,
and then, went through the fence.

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So, the first incident was August.
When was the next incident?

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When was the second incident?

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Uh, December 7th, I believe.
Beginning of December.

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In both incidences, they escaped my yard
in the same way.

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And do you recall giving a statement
to the police,

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who came to the scene on both incidents?

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-Do I recall having...
-[Adam] A conversation with police

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who came after all these chickens
got killed by your dogs.

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Uh, the second time, yes.

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And do you recall what it was
that you told the police

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the way in which your dogs
escaped your property?

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I do not recall.

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Well, let me help
refresh your recollection.

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The first time, you told the police
that your dogs dug a hole

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under your six foot privacy fence,
went right past your electric fence

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to go onto the Plaintiff's property.
Does that help refresh your recollection

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-as to what you told them?
-Yes, Your Honor.

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So, was what you told me just a moment ago
inaccurate?

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'Cause they didn't squeeze through
anything, they dug under your fence

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and went right through an electric fence,
right?

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Correct, Your Honor. I tried to summarize
the story by saying they squeezed

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but everything I had told the police
the first time that happened was true,

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I just summarized it. I mean,
they squeezed behind the shed,

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-they had to dig...
-[Adam] Great. And the second time,

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you told the police that they
jumped out the window of your house.

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The second incident, they did jump out
the window. They were out downstairs,

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and then I had a window open.
They jumped out of the window

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and followed that route.
I just skipped that step...

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I get it. It seems to be
an important skip.

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Ma'am, why don't you tell us what happened
on the August 22nd incident.

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So, on the August 22nd incident,
I heard a ton of barking

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coming from my back yard.
I realized something was going on,

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so I came outside. I immediately
saw feathers all over my back yard.

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And it's fenced in?

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Yes, it's all fenced in. But when
I realized that they were missing,

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and that there were feathers everywhere,
I immediately was thinking

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there's a predator,
something is going on.

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So, I started to go towards the back where
I saw the gate had been broken in two,

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and these two dogs came up to me,
and I saw my chickens that were hiding...

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We can take a look at the monitor,
right there.

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[Amy] Yes. That's my back yard.
I started to look frantically

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for the chickens and found
the dogs running up to me

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and then also trying to go back after
the chickens who were still alive.

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So, I had to separate them.
But there was a lot of brush

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along the fence line and
that's how my eye was injured.

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I was trying to catch the dogs and
put 'em in my garage.

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Were there any other dogs besides
the Defendant's that were on your property

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at the time when this happened,
this happened and this happened?

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-Um, no, no...
-[Adam] And the only dogs

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-that you did see were the Defendant's?
-[Amy] Yes.

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[Adam] No concrete proof.

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Is that right, sir?
No concrete proof that it was your dog

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who did that?
Is that still your story?

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I just, I haven't seen my dogs
in the back yard with the chickens.

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-I haven't...
-Oh, so, just because you haven't seen it.

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-Right, I mean...
-[Adam] I understand.

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Okay, so, four hens and a rabbit
were attacked and injured.

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You brought all the animals to the vet,
and you provided us with bills for that.

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Two of the four hens died.
The other two, you nursed back.

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You suffered a scratched cornea,
requiring medical care.

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Tell me about December 7th.
You were at work?

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-Yes. Yes.
-[Adam] And you received a phone call.

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So, there's a brewery
right behind my house,

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the head of security said that they had
seen two dogs in their alleyway.

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That they want to let me know
in case my chickens were free-ranging.

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So, like, I came home
right away from work.

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So, you come home and you found
two dogs in your back yard,

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two hens were dead.

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I literally pulled the dog off the dead
chicken and she attempted to bite me.

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-The pit bull... Yeah.
-[Adam] The pit bull?

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The labradoodle was also
right next to the chickens.

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Sir, still no concrete proof in your mind?

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I would just like to be able to see
with my own eyes.

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-That's what I mean by concrete proof.
-[Adam] I got it.

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So, you attempted to separate the dogs
and what happened?

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So, she immediately went to snap at me.
I had a pretty thick jacket on.

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So, I have dog handling experience.
I worked for...

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It sounds like it. I wouldn't have
gone near that dog. Are you kidding me?

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Well, I worked for the Oklahoma
Humane Society for eight years.

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And I had dog behavior experience, so,
I was able to catch them safely that time

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and put them into my garage.
I wasn't injured, but I did call 911

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because of the aggression
that was displayed

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trying to defend the dead chicken's body.

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[Adam] So, you call the police.

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And this was the police
on December 7th, is that right?

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Yes. They're being taken from my garage
out my back gate by the officer.

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[Adam] Had you ever seen
that police report before?

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No, Your Honor.

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So, it's fair to say that when
you provided us with your answer,

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in which you said that
there was no concrete proof,

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you hadn't seen the report from the police
in which they memorialized

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what you said at the time and what
the Plaintiff said at the time, right?

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Great. So, let's go through it
real quickly. August 22nd:

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You told them that your dogs dug a hole
and escaped from the privacy fence

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and the electric fence.
You stated that you were adding

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another chain link fence
to ensure the dogs don't get out again.

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Did you ever do that?

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No yet, Your Honor.

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Not yet. And that was August 22nd.
December 7th,

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police responded back to your home.
The dogs attacked and killed

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two of the chickens.
And when Amy got home,

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00:09:01,700 --> 00:09:05,633
they went to her back yard and found
your two dogs running around once again.

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00:09:05,700 --> 00:09:09,667
They tried to bite the Plaintiff.
You actually showed up on December 7th

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00:09:09,734 --> 00:09:11,700
and you said,
"They jumped out the window."

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00:09:12,133 --> 00:09:13,300
-Right?
-Yes, Your Honor.

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00:09:13,367 --> 00:09:14,400
Judge Acker?

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00:09:14,467 --> 00:09:16,734
Miss Clarice, who is your witness?

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00:09:16,800 --> 00:09:18,400
This is my neighbor, Mark.

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00:09:18,467 --> 00:09:21,834
Sir, have you had an experience
with the Defendant's dogs as well?

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00:09:21,900 --> 00:09:27,633
Yes. On September 12th of this year.
I was at home working

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and I heard a lot of barking,
and it continued.

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So, I went out in my yard, and they're
in my back yard, next to our henhouse

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00:09:35,233 --> 00:09:39,800
was my neighbor Paul,
who was keeping two large dogs

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00:09:39,867 --> 00:09:44,033
away from my henhouse.
Then the dogs... I saw one of the dogs

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00:09:44,100 --> 00:09:48,200
jump over a five or six feet high
chain link fence,

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00:09:48,266 --> 00:09:50,967
and then jump over the neighbor's fence.
Both of them.

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00:09:51,033 --> 00:09:55,667
I was scared to death of these dogs.
But I loved those hens.

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00:09:55,734 --> 00:09:58,500
And those hens, they lived.
The dog was never...

199
00:09:58,567 --> 00:10:01,333
How do you know that
these were the Defendant's dogs?

200
00:10:01,400 --> 00:10:03,066
I did not know that then.

201
00:10:03,133 --> 00:10:05,300
But the police officer
who came to our house

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00:10:05,367 --> 00:10:10,500
she told me that these dogs belonged
to someone two blocks from my house.

203
00:10:10,567 --> 00:10:13,333
And she named the Defendant
in her report.

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00:10:13,400 --> 00:10:15,467
Sir, you can take your seat.
Thank you.

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00:10:15,533 --> 00:10:18,033
Mr. Linville, were you ever
aware of an attack?

206
00:10:18,100 --> 00:10:22,633
No, I was... This is my first time ever
hearing about the situation or anything...

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00:10:22,700 --> 00:10:26,533
[Tanya] Never contacted by law enforcement
with respect to the situation?

208
00:10:26,600 --> 00:10:30,066
No. And that's the weird thing too
about the first incident as well.

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00:10:30,133 --> 00:10:33,734
Um, the dogs were returned by the police
to the Humane Society.

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00:10:33,800 --> 00:10:36,100
I went and picked them up.
Nothing was ever told to me.

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00:10:36,165 --> 00:10:37,967
That the dogs just
attacked these chickens.

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00:10:38,033 --> 00:10:40,533
The dogs didn't have blood on them,
didn't have feathers...

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00:10:40,600 --> 00:10:43,400
[Tanya] I mean, at that point,
maybe they'd been cleaned up.

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00:10:43,467 --> 00:10:47,266
But what baffles me, sir, is that,
I think the golden doodle

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00:10:47,333 --> 00:10:52,066
had one obedience training course,
and the American bully,

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00:10:52,133 --> 00:10:56,633
which according to you, has had all of
its aggressive tendencies bred out of it,

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00:10:56,700 --> 00:10:58,233
-had none.
-Correct.

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00:10:58,300 --> 00:11:03,367
So, the notion that you are continuing
to try to characterize your dogs in ways

219
00:11:03,433 --> 00:11:06,300
that contradict the behaviors
of which you're aware,

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00:11:06,367 --> 00:11:10,233
suggest to me, just on a legal basis,
a sort of gross negligence.

221
00:11:10,567 --> 00:11:14,066
Because you know they're getting out.
And then, when Judge Levy said to you

222
00:11:14,133 --> 00:11:16,934
"you still don't have any evidence?"
And you're like, "well, I didn't see it

223
00:11:17,000 --> 00:11:20,100
with my own eyes." That's not
how proof works on a legal basis.

224
00:11:20,166 --> 00:11:23,066
I mean, there are two types of evidence.
There's direct evidence,

225
00:11:23,133 --> 00:11:25,500
where you can see things
with your own eyes.

226
00:11:25,567 --> 00:11:29,066
And circumstantial evidence
is evidence, for example,

227
00:11:29,133 --> 00:11:32,700
dogs jump through windows, dig tunnels,
get off of the property.

228
00:11:32,767 --> 00:11:36,900
That's fact number one.
Fact number two, dogs found

229
00:11:36,967 --> 00:11:40,066
with chicken blood
and feathers in their mouths.

230
00:11:40,133 --> 00:11:45,266
So, circumstantially, I can infer
that those dogs are responsible.

231
00:11:45,333 --> 00:11:48,266
That's circumstantial evidence.
So, the fact that you're coming to court

232
00:11:48,333 --> 00:11:50,867
and saying I don't owe her anything
'cause I didn't see it...

233
00:11:50,934 --> 00:11:52,767
If you proceed with that position,

234
00:11:52,834 --> 00:11:54,767
you're gonna end up
in a lot of litigation.

235
00:11:56,767 --> 00:11:58,900
[Narrator]
Coming up on Tribunal Justice...

236
00:11:58,967 --> 00:12:01,233
The Animal Control officer
was actually told by Alex

237
00:12:01,300 --> 00:12:04,433
that he was gonna be rehoming Duke.
He does still have Duke.

238
00:12:04,500 --> 00:12:06,467
But he's also since
gotten another pit bull.

239
00:12:06,533 --> 00:12:08,000
Now you have a second dog?

240
00:12:14,700 --> 00:12:18,600
[Narrator] Amy Clarice
is suing her neighbor, Alex Linville,

241
00:12:18,667 --> 00:12:23,500
for vet bills and medical costs
after his dogs attacked her hens.

242
00:12:23,567 --> 00:12:28,500
Alex does not believe it was his dogs
who caused the injuries.

243
00:12:28,567 --> 00:12:33,266
When I read in your answer that
the attack took place, according to you,

244
00:12:33,333 --> 00:12:38,934
in a public field next to her property.
That was much more interesting to me

245
00:12:39,000 --> 00:12:42,834
as a legal defense than
"I didn't see it with my own eyes."

246
00:12:42,967 --> 00:12:46,533
But if you have some evidence
that the reason that this happened

247
00:12:46,600 --> 00:12:50,600
was because her hens were not enclosed,
that's where you should go.

248
00:12:50,667 --> 00:12:56,266
Yeah, so, after the first incident,
the next day, Amy was in contact with me.

249
00:12:56,333 --> 00:13:00,900
On the phone, she had told me that,
you know, the dogs jumped her fence,

250
00:13:00,967 --> 00:13:03,867
and that it was just chaotic,
chickens running everywhere and stuff.

251
00:13:03,934 --> 00:13:05,900
And that I could go see the evidence
for myself,

252
00:13:05,967 --> 00:13:08,667
that it's in the field next to her house.
Those were her words.

253
00:13:08,734 --> 00:13:10,734
I've seen chickens on that field before.

254
00:13:10,800 --> 00:13:12,800
This is a public field
right next to Amy's house.

255
00:13:12,867 --> 00:13:15,734
Miss Clarice, is there a public field
adjacent to your property?

256
00:13:15,800 --> 00:13:17,633
It's not public.
It's owned by the brewery,

257
00:13:17,700 --> 00:13:19,834
the same people who texted me
the second time.

258
00:13:19,900 --> 00:13:23,200
The reason there are some feathers there
is because the dogs broke the gate.

259
00:13:23,266 --> 00:13:26,500
My hens have never been in that field.
But there were a few of them

260
00:13:26,567 --> 00:13:28,433
that did get to that point, I think,

261
00:13:28,500 --> 00:13:30,300
when I was out trying
to catch everybody...

262
00:13:30,367 --> 00:13:32,734
How do you know that your hens
never get out?

263
00:13:32,800 --> 00:13:36,433
Because I've never had any issues.
The brewery has never once contacted me

264
00:13:36,500 --> 00:13:39,266
about having any hens over there.
They've never been over there.

265
00:13:39,333 --> 00:13:43,734
Maybe, in the same way that he can't say
that his dogs are perfectly behaved...

266
00:13:43,800 --> 00:13:46,600
I mean, I know people who have hens
and raise chickens.

267
00:13:46,667 --> 00:13:49,133
If they are not properly enclosed,
they may wander.

268
00:13:49,200 --> 00:13:52,467
So, don't say more
than you can actually prove.

269
00:13:52,533 --> 00:13:55,066
I think that you have a video
that you wanted to show us

270
00:13:55,133 --> 00:13:59,767
that details your perspective on this
allegedly open field, or public field.

271
00:13:59,834 --> 00:14:02,567
By the way, you say it's a public field.
She says, it's not public.

272
00:14:02,633 --> 00:14:04,567
To me it's immaterial.
Let's see the video.

273
00:14:05,734 --> 00:14:08,133
So, this just shows the feathers
in that field.

274
00:14:09,500 --> 00:14:11,633
It's at nighttime.
The video's not ideal, I know,

275
00:14:11,700 --> 00:14:15,667
but that was all I could find back there.
And then, this is just to show the area.

276
00:14:15,734 --> 00:14:18,200
You can see that house that I zoom in on

277
00:14:18,266 --> 00:14:20,467
with two windows
and two sidelights in the door.

278
00:14:20,533 --> 00:14:22,967
I just have a screen shot on the street
just proving that that is

279
00:14:23,033 --> 00:14:25,166
the actual location
across the street from her house.

280
00:14:25,233 --> 00:14:28,300
I mean, fair enough. But
I can come up with my own theories, too.

281
00:14:28,367 --> 00:14:32,000
Who's to say that the dogs didn't
maul the chickens on her property

282
00:14:32,066 --> 00:14:34,100
and then take the mauled chicken
next door?

283
00:14:34,165 --> 00:14:36,165
Anyway, I think I have enough.
Judge DiMango?

284
00:14:36,233 --> 00:14:38,934
I have to tell you,
if this were a criminal trial

285
00:14:39,000 --> 00:14:40,633
and your dogs were sitting there,

286
00:14:40,700 --> 00:14:42,867
there'd be proof
beyond a reasonable doubt.

287
00:14:42,934 --> 00:14:45,033
You have everything that you need
in a criminal trial.

288
00:14:45,100 --> 00:14:48,533
You've got an identification.
She catches them on the property.

289
00:14:48,600 --> 00:14:52,433
The smoking gun, feathers in the mouth.
I mean, it's almost comical.

290
00:14:52,500 --> 00:14:54,800
They show that on cartoons and all...

291
00:14:54,867 --> 00:14:57,367
Have you seen the feathers in the mouth?
I haven't seen that.

292
00:14:57,433 --> 00:15:00,333
You see, I think where you're having the
issue here is that if you didn't see it,

293
00:15:00,400 --> 00:15:03,233
it couldn't have happened. You know,
that's the problem you're having here.

294
00:15:03,300 --> 00:15:07,133
You didn't see how the hens got out,
and yet you want us to believe

295
00:15:07,200 --> 00:15:10,300
they ran out because
she was negligent keeping them enclosed?

296
00:15:10,367 --> 00:15:13,066
You didn't see that.
But you didn't see it.

297
00:15:13,133 --> 00:15:16,367
We're telling you, you didn't see it.
So, you can't have it both ways.

298
00:15:16,433 --> 00:15:18,500
You can't say if I didn't see it,
it didn't happen,

299
00:15:18,567 --> 00:15:21,867
but if it helps me,
then it doesn't matter if I didn't see it.

300
00:15:21,934 --> 00:15:25,300
That's number one. Number two,
I was a little troubled by your statement

301
00:15:25,367 --> 00:15:28,367
in the papers to discredit a bond
you wouldn't do,

302
00:15:28,433 --> 00:15:31,400
but legally it hasn't been recognized.
I think it'd been recognized.

303
00:15:31,467 --> 00:15:35,800
It's called the "Dog Law of 1919,"
and it says that, "if your dog

304
00:15:35,867 --> 00:15:39,333
is caught pursuing or killing livestock,

305
00:15:39,400 --> 00:15:42,934
they can shoot them on sight," the police.

306
00:15:43,000 --> 00:15:46,165
And you would be responsible
for any and all damages.

307
00:15:46,233 --> 00:15:49,567
And people feel very strongly
about their livestock

308
00:15:49,633 --> 00:15:53,033
and poultry that they're keeping.
In fact, you've named all of your hens.

309
00:15:53,100 --> 00:15:54,200
You have Pancake, right?

310
00:15:54,266 --> 00:15:57,333
Pancake, Maple Syrup.
We have Copper, Ash...

311
00:15:57,400 --> 00:15:59,133
They're all named after breakfast foods.

312
00:15:59,200 --> 00:16:02,200
[Amy laughs] 'Cause the kids, yeah.
We have a lot of kids that come over.

313
00:16:02,266 --> 00:16:06,066
And I saw that you said you sell the eggs
for $5. Yesterday, on the news,

314
00:16:06,133 --> 00:16:08,734
eggs are way up. You've gotta
raise the prices on those eggs.

315
00:16:08,800 --> 00:16:10,300
[Amy] Oh, it's about
food sustainability, yeah.

316
00:16:10,367 --> 00:16:13,800
We may let you amend your request
for damages as to your lost income.

317
00:16:13,867 --> 00:16:16,767
And you are responsible for your pets.
You get that, right?

318
00:16:16,834 --> 00:16:21,233
Mm hmm. I think it's also important
to mention, too,

319
00:16:21,300 --> 00:16:27,233
uh, in my evidence. In the city,
you have to have a permit to keep hens.

320
00:16:27,300 --> 00:16:29,700
That permit allows you to keep four hens.

321
00:16:29,767 --> 00:16:33,100
My city council people who I talk to all
the time have never mentioned this to me.

322
00:16:33,165 --> 00:16:37,233
But if she has these animals that
aren't even legally allowed to be there.

323
00:16:37,300 --> 00:16:39,133
How can anything come from that?

324
00:16:39,200 --> 00:16:41,700
So, let me ask you a question.
There's a violation, perhaps,

325
00:16:41,767 --> 00:16:44,033
for having more than four.
Maybe there's a fine.

326
00:16:44,100 --> 00:16:47,900
But death, to bring the number
down to four? I don't buy it.

327
00:16:47,967 --> 00:16:50,800
I have a voice message
from the Animal Control officer

328
00:16:50,867 --> 00:16:52,200
who has been working the case.

329
00:16:52,266 --> 00:16:54,000
What does that tell us,
that voice message?

330
00:16:54,066 --> 00:16:56,667
She called me three days ago to warn me
that she'd been chasing a dog

331
00:16:56,734 --> 00:16:59,367
that headed straight towards Alex's house,
and then it turned around

332
00:16:59,433 --> 00:17:00,867
and started to head back
towards my house.

333
00:17:00,934 --> 00:17:03,300
If I was able to, I needed
to come home and check my chickens.

334
00:17:03,367 --> 00:17:06,333
[Patricia] Was there any proof that
the dog seen by the Animal Control

335
00:17:06,400 --> 00:17:08,767
was Duke?
Because Duke, he still has.

336
00:17:08,834 --> 00:17:11,733
So, the Animal Control officer
was actually told by Alex

337
00:17:11,800 --> 00:17:14,800
-that he was gonna be rehoming Duke.
-Yes! I have the papers right here

338
00:17:14,867 --> 00:17:16,032
and I was gonna get to that.

339
00:17:16,099 --> 00:17:18,433
Three days ago was the first day that
he finally answered her call again

340
00:17:18,500 --> 00:17:20,400
and told her
that he does still have Duke.

341
00:17:20,467 --> 00:17:22,500
But he's also since gotten
another pit bull that...

342
00:17:22,567 --> 00:17:25,733
I [indistinct] the dog licenses
for his address,

343
00:17:25,800 --> 00:17:29,100
and he got a pit bull on December 12th,
a week after the attack at my house.

344
00:17:29,166 --> 00:17:31,567
So, that dog matches the description
of the one she was chasing.

345
00:17:31,633 --> 00:17:33,333
But Alex did deny that the dog is his.

346
00:17:33,400 --> 00:17:37,500
Okay, so, let me start by saying...
'Cause you had a lot to say there.

347
00:17:37,567 --> 00:17:42,000
You were given two options
when Animal Control came

348
00:17:42,066 --> 00:17:46,266
and it was determined that your dogs
were indeed the aggressors here.

349
00:17:46,333 --> 00:17:50,033
They said one, you could rehome them,
or they'd be euthanized.

350
00:17:50,100 --> 00:17:54,066
You gave Stella back to the Human Society,
but as to Duke,

351
00:17:54,133 --> 00:17:58,734
you did not give Duke back.
You said to the Animal Control officer,

352
00:17:58,800 --> 00:18:02,967
and he has written it in his documents,
that you would rehome him in three days.

353
00:18:03,033 --> 00:18:06,767
He checked with you after that,
and you still have Duke today.

354
00:18:06,834 --> 00:18:08,800
And now you have a second dog?

355
00:18:08,867 --> 00:18:12,533
No, the second dog, I don't know...
So, I know what she's talking about,

356
00:18:12,600 --> 00:18:15,100
where she says she [indistinct]
and saw the December 12th date...

357
00:18:15,166 --> 00:18:17,867
That's why I had to go
to the Humane Society myself

358
00:18:17,934 --> 00:18:20,533
to get the copies of
Duke and Stella's registration.

359
00:18:20,600 --> 00:18:23,300
So, when I registered them,
they send it to the township

360
00:18:23,367 --> 00:18:26,467
and it's just kind of in limbo until
the township puts it in their system.

361
00:18:26,533 --> 00:18:29,133
And then, there's registration
that the township says that I put in

362
00:18:29,200 --> 00:18:32,934
on the 12th, is for Stella,
which I have in my evidence packet.

363
00:18:33,000 --> 00:18:36,033
Okay, thanks for that information.
Let me ask you a couple of questions.

364
00:18:36,100 --> 00:18:38,000
-This is your eye, correct?
-[Amy] Yes.

365
00:18:38,066 --> 00:18:40,700
[Patricia] Did you put
an insurance claim in for these injuries?

366
00:18:40,767 --> 00:18:42,633
-[Amy] Yes.
-Because I have something here saying,

367
00:18:42,700 --> 00:18:46,700
that you have limited vision now,
sensitivity, you can't work, et cetera.

368
00:18:46,767 --> 00:18:50,533
That was for an MDA exception because
I was working for a bank at the time,

369
00:18:50,600 --> 00:18:54,066
that I could've had an infraction, like,
I could've faced being fired, potentially,

370
00:18:54,133 --> 00:18:57,166
because I was not there for six months yet
when the attack happened in August.

371
00:18:57,233 --> 00:18:59,867
'Cause you were probationary still
at that time with the job.

372
00:18:59,934 --> 00:19:03,367
Your medical bills were $802.
No reimbursement for that?

373
00:19:03,433 --> 00:19:06,400
That includes the reimbursement.
So, it came out to $802

374
00:19:06,467 --> 00:19:09,600
after the medical bill
reimbursed by my insurance, yeah.

375
00:19:09,667 --> 00:19:13,667
And $960 for your lost wages, ma'am.
How did that come about?

376
00:19:13,734 --> 00:19:15,867
That was in August
and then again, in December.

377
00:19:15,934 --> 00:19:18,467
I had to leave my work,
and I was so emotionally distraught

378
00:19:18,533 --> 00:19:22,033
from it happening again,
I was unable to work for another day.

379
00:19:22,100 --> 00:19:24,300
So, I lost two days worth of income
in December

380
00:19:24,367 --> 00:19:26,333
and two and a half days worth of income
in August.

381
00:19:26,400 --> 00:19:31,567
[Patricia] Future egg earnings, $200?
But didn't you replace the hens?

382
00:19:31,633 --> 00:19:35,200
No. Three of the hens that were killed
were what's called an ISA Brown breed.

383
00:19:35,266 --> 00:19:37,500
And they're the highest
producing breeds of chickens.

384
00:19:37,567 --> 00:19:41,033
One or two eggs every single day.
So, I was calculating that I lost,

385
00:19:41,100 --> 00:19:43,533
you know, two dozen eggs
a week, basically,

386
00:19:43,600 --> 00:19:45,033
out of those chickens being killed.

387
00:19:45,100 --> 00:19:48,033
And I was unable to replace them
from August to December

388
00:19:48,100 --> 00:19:49,934
because there's a shortage of chickens.

389
00:19:50,000 --> 00:19:54,367
Okay, $3,192 for hen care.

390
00:19:54,433 --> 00:19:56,900
What does that mean?
You stayed home with the hens

391
00:19:56,967 --> 00:19:58,834
and you're charging him $3,000 for that?

392
00:19:58,900 --> 00:20:00,700
Well, the hens that I had gotten in May,

393
00:20:00,767 --> 00:20:03,333
they have to be raised for
seven full months before they're laying.

394
00:20:03,400 --> 00:20:06,600
So, that was the investment of time
that I put in, in order to then be able

395
00:20:06,667 --> 00:20:09,100
-to recoup that investment...
-[Patricia] I got it.

396
00:20:09,166 --> 00:20:11,300
It's gonna take you time,
but it's a bit much.

397
00:20:11,367 --> 00:20:15,333
Even for Pancake, Maple Syrup
and Egg Foo Yong.

398
00:20:15,400 --> 00:20:17,633
Whatever you named the third one.
That's a lot.

399
00:20:17,700 --> 00:20:19,100
I don't have any other questions.

400
00:20:19,166 --> 00:20:21,533
I'm sorry, I got two more questions.
Mr. Linville,

401
00:20:21,667 --> 00:20:22,967
did you buy another pit bull?

402
00:20:23,033 --> 00:20:24,934
Do you have another one
in your home right now?

403
00:20:26,200 --> 00:20:28,266
[Narrator]
Coming up on Tribunal Justice...

404
00:20:28,333 --> 00:20:32,867
He admitted that he still has Duke today
in violation of your order.

405
00:20:32,934 --> 00:20:35,467
That doesn't mean that they're gonna
take away your dog.

406
00:20:35,533 --> 00:20:39,967
That means, they're gonna prosecute him
for lying to the police.

407
00:20:40,033 --> 00:20:43,100
You just bought yourself
a criminal charge. Congratulations.

408
00:20:51,633 --> 00:20:53,834
Mr. Linville, did you buy
another pit bull?

409
00:20:53,900 --> 00:20:55,867
Do you have another one
in your home right now?

410
00:20:55,934 --> 00:20:57,400
-No.
-[Adam] No. Okay.

411
00:20:57,467 --> 00:21:00,900
And then, the last point, you provided us
with this little statute here

412
00:21:00,967 --> 00:21:03,300
saying that she's only allowed
to have four hens.

413
00:21:03,367 --> 00:21:06,300
Here's the problem with that.
Law enforcement came to her house

414
00:21:06,367 --> 00:21:09,033
on multiple occasions
and never cited her for that. Never.

415
00:21:09,100 --> 00:21:11,300
So, I don't know what the law is,
what I do know,

416
00:21:11,367 --> 00:21:14,100
according to the police report
on December 12th.

417
00:21:14,166 --> 00:21:16,900
They reached out to you,
police, and asked you

418
00:21:16,967 --> 00:21:20,367
if you had rehomed your remaining dog.
That was Duke.

419
00:21:20,433 --> 00:21:23,333
'Cause you said to them
you were gonna rehome Duke.

420
00:21:23,400 --> 00:21:26,867
"And Alex let me know that Duke is
still in his care,

421
00:21:26,934 --> 00:21:30,934
and has an appointment on Friday
with the Van Buren Animal Hospital."

422
00:21:31,000 --> 00:21:32,934
-That's what you told them, right?
-Mm hmm.

423
00:21:33,000 --> 00:21:35,934
I then asked if he was still planning
to rehome Duke,

424
00:21:36,000 --> 00:21:38,533
as we discussed and he agreed upon.

425
00:21:38,600 --> 00:21:40,400
I said I was gonna be
looking into rehoming...

426
00:21:40,467 --> 00:21:44,367
That's not what it says here.
And at 18:45, I have not heard back.

427
00:21:44,433 --> 00:21:47,600
That's law enforcement had not heard back
from you about rehoming Duke.

428
00:21:47,667 --> 00:21:49,934
And that law enforcement will follow up.

429
00:21:50,000 --> 00:21:54,400
Quote, "If he does not rehome Duke,
I will send the report

430
00:21:54,467 --> 00:21:56,934
to the prosecutor's office for review."

431
00:21:57,000 --> 00:21:59,967
That doesn't mean that they're
gonna take away your dog.

432
00:22:00,100 --> 00:22:04,000
-That means, they're gonna prosecute him.
-Mm hmm.

433
00:22:04,066 --> 00:22:07,900
[Adam] After you leave here, you go back,
you speak to Animal Control,

434
00:22:07,967 --> 00:22:11,700
and you say, he admitted
that he still has Duke today

435
00:22:11,767 --> 00:22:15,467
in violation of your order.
They are going to file the charge

436
00:22:15,533 --> 00:22:16,867
with the prosecutor's office,

437
00:22:16,934 --> 00:22:19,100
and you just bought yourself
a criminal charge

438
00:22:19,166 --> 00:22:22,567
for lying to the police. Congratulations.
I got nothing else.

439
00:22:22,633 --> 00:22:25,300
We're gonna retire to deliberate
at this time. Thank you both.

440
00:22:25,367 --> 00:22:28,000
[Byrd] Court now stands in recess.
Parties are excused.

441
00:22:31,133 --> 00:22:35,433
To me, liability is established.
These dogs had a history of getting out.

442
00:22:35,500 --> 00:22:40,166
He knew they had a history of getting out.
His attempts to deny responsibility,

443
00:22:40,233 --> 00:22:44,567
it was ridiculous.
He just doesn't get it. Period.

444
00:22:44,633 --> 00:22:49,166
It's clear that Animal Control
is out for him in his area.

445
00:22:49,233 --> 00:22:53,700
They put it in their report that
if he does not do as he said he would do,

446
00:22:53,767 --> 00:22:55,266
by rehoming the dogs,

447
00:22:55,333 --> 00:22:58,066
they're going to refer it
to the DA's office

448
00:22:58,133 --> 00:23:00,300
and chances are,
they're gonna prosecute him.

449
00:23:00,367 --> 00:23:01,900
And quite frankly, they should.

450
00:23:01,967 --> 00:23:05,467
He lied to the police, once again,
and that's just what he does.

451
00:23:05,533 --> 00:23:08,900
He just doesn't care. So to me,
the only issue here, really,

452
00:23:08,967 --> 00:23:12,567
is one of damages.
The $3,200 that she is claiming

453
00:23:12,633 --> 00:23:15,467
to raise these new chickens
to replace the old ones...

454
00:23:15,533 --> 00:23:18,633
Listen, I know it's a big figure,
it's only $15 an hour

455
00:23:18,700 --> 00:23:20,100
that she's including in that.

456
00:23:20,166 --> 00:23:24,633
She wouldn't have had to spend that time,
but for the Defendant's conduct.

457
00:23:24,700 --> 00:23:26,934
So, I know it's a big number,
but I think she gets it.

458
00:23:27,000 --> 00:23:30,767
The vet bills, she established, $1,105.

459
00:23:30,834 --> 00:23:34,166
The medical bills, $800,
I believe she should get that.

460
00:23:34,233 --> 00:23:37,533
The five days of lost wages,
I'm not convinced on that one.

461
00:23:37,600 --> 00:23:41,367
I believe that she gets the lost wages
as a result of the August incident.

462
00:23:41,433 --> 00:23:44,667
It's $380. But not for
the incident in December.

463
00:23:44,734 --> 00:23:48,066
She wasn't injured in December.
And the assorted other expenses,

464
00:23:48,133 --> 00:23:51,066
I would just give her the $60
for the four replacement hens.

465
00:23:51,133 --> 00:23:56,633
So, we have...
$3,200, $1,105, $800...

466
00:23:56,700 --> 00:23:59,100
$380 and $60.

467
00:23:59,166 --> 00:24:03,533
That equals $5,545.

468
00:24:03,600 --> 00:24:05,300
That's what I believe
the evidence has established

469
00:24:05,367 --> 00:24:07,266
that she should get
as a result of this incident.

470
00:24:07,333 --> 00:24:10,967
I'm with you on liability,
I'm not sure I'm there on damages.

471
00:24:11,033 --> 00:24:14,200
Help me understand why she's going

472
00:24:14,266 --> 00:24:17,400
to spend $3,000 raising the chicks

473
00:24:17,467 --> 00:24:20,033
I don't have any evidence
about the difference

474
00:24:20,100 --> 00:24:23,800
between the amount of care
that a young chick requires

475
00:24:23,867 --> 00:24:26,867
and what she's gonna have to do
just because you have chickens, so...

476
00:24:26,934 --> 00:24:30,533
I don't even know that
I'm comfortable enough slicing it in half.

477
00:24:30,600 --> 00:24:33,400
And I'm open,
but I'm not there on that figure.

478
00:24:33,467 --> 00:24:37,567
The rest of her damages, I can digest.

479
00:24:37,633 --> 00:24:40,800
I can digest $200 in future egg earnings.

480
00:24:40,867 --> 00:24:44,200
Um, but... I like really fresh eggs.

481
00:24:44,266 --> 00:24:49,367
Um, I can digest some of it.
I can't digest the $3,200 in hen care.

482
00:24:49,433 --> 00:24:53,100
Well, I'm with you. Because I have
absolutely no problem with the liability,

483
00:24:53,166 --> 00:24:55,867
so I know we're all on board with that.
I mean, it's pretty clear

484
00:24:55,934 --> 00:24:59,033
that he wanted to defend his puppies
as much as he wanted to.

485
00:24:59,100 --> 00:25:02,800
But he just couldn't,
and do so with any real credibility.

486
00:25:02,867 --> 00:25:04,867
-He was trying.
-I mean, he went out of his way.

487
00:25:04,934 --> 00:25:07,433
But he didn't.
So, I'm willing to do as follows:

488
00:25:07,500 --> 00:25:10,900
I'm willing to give
the $1,105 for the vet bills,

489
00:25:10,967 --> 00:25:14,867
$800 for the medical bills.
I'm willing to take two and a half days

490
00:25:14,934 --> 00:25:16,767
because her eye was difficult for her,

491
00:25:16,834 --> 00:25:18,900
so I'm willing to stick with
the $380 for that.

492
00:25:18,967 --> 00:25:22,800
The $40 for the property damage
I'm willing to do

493
00:25:22,867 --> 00:25:27,000
and the $60 for the replacement hens.
I agree with you in that

494
00:25:27,066 --> 00:25:29,667
the total cost for the hen care...
I mean, how do I know

495
00:25:29,734 --> 00:25:31,266
if you're gonna go out
and take care of your hens

496
00:25:31,333 --> 00:25:34,767
and you're gonna take care of your chicks.
Maybe the chicks don't even require

497
00:25:34,834 --> 00:25:38,066
as much 'cause they're infants
and whatever. So, the bottom line is,

498
00:25:38,133 --> 00:25:39,800
I'm not willing to give the care

499
00:25:39,867 --> 00:25:42,066
to take care of them
and the future egg earnings.

500
00:25:42,133 --> 00:25:45,533
I mean, I think it's too speculative.
My verdict comes down to...

501
00:25:45,600 --> 00:25:50,533
So, it's five... eighteen... nine...
ten, eleven, twelve, thirteen,

502
00:25:50,600 --> 00:25:53,300
$2,385 is my verdict.

503
00:25:53,367 --> 00:25:56,533
I don't feel so strongly
about future egg earnings

504
00:25:56,600 --> 00:25:58,633
that I've gotta stick to that.
I would join you.

505
00:25:58,700 --> 00:26:00,233
-Okay.
-[Tanya] I would join you.

506
00:26:00,300 --> 00:26:01,667
-So, $2,385?
-Correct.

507
00:26:01,734 --> 00:26:03,600
-Okay.
-Are you okay with that as well?

508
00:26:03,667 --> 00:26:06,533
No, I'm gonna stick with mine,
but I'll dissent on the amount.

509
00:26:06,600 --> 00:26:07,767
And I'll make it clear.

510
00:26:07,834 --> 00:26:10,533
-Okay, I'm good with that. Thank you.
-[Adam] No problem.

511
00:26:13,533 --> 00:26:14,900
[Byrd] Court is back in session.

512
00:26:14,967 --> 00:26:16,867
Parties are reminded
you're still under oath.

513
00:26:16,934 --> 00:26:20,400
Thank you, Byrd.
We deliberated and we are unanimous

514
00:26:20,467 --> 00:26:24,367
with respect to liability.
The Plaintiff has met her burden.

515
00:26:24,433 --> 00:26:28,433
And that you are, in fact, entitled
to damages based upon the negligence

516
00:26:28,500 --> 00:26:30,200
of the Defendant in this matter.

517
00:26:30,266 --> 00:26:33,467
Where we are not unanimous
is with respect to the amount.

518
00:26:33,533 --> 00:26:36,300
I dissented from my colleagues,
respectfully.

519
00:26:36,367 --> 00:26:40,633
I believed that you were for
the big ticket item entitled to the $3,200

520
00:26:40,700 --> 00:26:44,633
cost to raise the new chicks
that were gonna replace the hens

521
00:26:44,700 --> 00:26:48,800
that the Defendant's dogs killed.
My colleagues, however, did not agree.

522
00:26:48,934 --> 00:26:51,200
You requested $6,500.

523
00:26:51,266 --> 00:26:56,734
And so, they deducted the $3,200
from the $6,500.

524
00:26:56,800 --> 00:27:00,400
As far as the five day lost wages,
we all agreed

525
00:27:00,467 --> 00:27:03,367
that you were not entitled to
the time off from work in December,

526
00:27:03,433 --> 00:27:05,967
despite the fact that clearly,
it was emotional for you,

527
00:27:06,033 --> 00:27:11,266
having relived what you lived in August.
But all of us agreed to $380

528
00:27:11,333 --> 00:27:16,066
as an award down from the $960.
And as far as the $200 for the eggs,

529
00:27:16,133 --> 00:27:19,300
my colleagues did not agree.
So, based upon the calculations,

530
00:27:19,367 --> 00:27:22,500
the amount that you will receive
as a result of the Defendant's negligence

531
00:27:22,567 --> 00:27:28,233
is $2,385. That's the verdict
of the court. Thank you.

532
00:27:28,300 --> 00:27:31,834
[Byrd] This case is concluded.
Parties are excused, you may step out.

533
00:27:35,133 --> 00:27:37,867
I can assure everyone that the situation
will not happen again.

534
00:27:37,934 --> 00:27:39,500
I think no animal deserves
to die like that,

535
00:27:39,567 --> 00:27:41,433
but no dogs deserve
to be as neglected as that.

536
00:27:41,500 --> 00:27:43,467
One of the dogs is already rehomed

537
00:27:43,533 --> 00:27:45,867
and the other dog is being neutered
shortly when I get back.

538
00:27:45,934 --> 00:27:47,633
Hopefully, we can move beyond this

539
00:27:47,700 --> 00:27:49,533
and just all live in peace
as much as possible

540
00:27:49,600 --> 00:27:51,000
in our pursuit of happiness.

541
00:27:51,066 --> 00:27:53,900
It's a shame I didn't get to enjoy
these egg-cellent chickens.

542
00:27:54,033 --> 00:27:59,367
[Narrator] Have you been cheated?
Let Tribunal Justice decide your case.

543
00:27:59,433 --> 00:28:02,800
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