Frederick Carl Smith says there is no reason to suspect his pit bull terriers were in dogfights. He agreed to random checkups in the deal.
By JENNIFER LIBERTO
Published August 4, 2004
BROOKSVILLE - Fourteen scarred pit bull terriers were granted a stay of execution Tuesday in Hernando County Court.
Owner Frederick Carl Smith of Lakeland has until Aug. 13 to vaccinate the dogs and get $420 worth of county licenses under a last-minute deal negotiated by senior Assistant County Attorney Kurt Hitzemann.
Once the dogs are vaccinated and licensed, Smith can have them back. If Smith can't meet agreement terms by 5 p.m. Aug. 13, the county will keep control of the dogs and will euthanize them.
County officials believe the pit bull terriers have been in professional-level dogfights, and they say the county cannot risk the liability of adopting the dogs out.
"I'm still pretty concerned about the dogs. But if he can do everything he's agreed to, then they'll have been taken care of - which is what we were after," Hitzemann said.
Law enforcement officials have not levied any dogfighting charges against Smith. Deputy Donna Black, spokeswoman for the Hernando County Sheriff's Office, would not confirm Tuesday if an investigation of Smith is under way.
Dogfighting is illegal in all 50 states, and owning dogs used in dogfighting is also illegal in Florida.
Smith says county officials falsely suspect that his dogs were used in fights, although he declined to comment further on how the dogs earned their scars.
"There is no criminal case here. There's no basis for the suspicion on their behalf," Smith said. "But everything got worked out, and I'm glad the county finally decided to let me keep my dogs."
Proving dogfighting as a criminal offense can be difficult unless the dogs are caught in the act, Jim Varn, former director of county animal services, said last week.
Sheriff's deputies found the 14 wounded, thin pit bull terriers on July 2 outside an empty mobile home at 9548 Round Lake Drive near Weeki Wachee, according to sheriff's reports.
The dogs had no food, water or shelter, records stated. Also, maggots swarmed a trash can that contained dog food.
The dogs' scars and aggressive behavior toward each other suggested that they had been used in dogfights. However, the dogs act much friendlier toward people.
County animal services employees noted that the dogs have healed over the past few weeks. They said they have loosened the dogs' collars this week, on account of some weight gain.
To get his dogs back, Smith also agreed to allow random county checkups on the dogs. They will be kept at the Round Lake Drive residence. If the dogs show any injuries that suggest dogfighting, Animal Services will request another court hearing to take over ownership of the dogs.
Smith must also start paying the county up to $3,000, in $50 increments, for boarding the dogs over the past several weeks.
"I hope the dogs lead a happy life from here on out," County Judge Peyton Hyslop said after the agreement was reached.
