Commissioners order dog to be euthanized

Published 1:56 pm Tuesday, August 23, 2016

Tyrrell County commissioners on August 16 declared a mixed pit bulldog to be dangerous, and they directed the animal control officer to euthanize it.

The dog’s owner, Lynn Craddock, has 10 days to appeal the board’s decision to superior court.

The case began last spring when neighbor Laura Spencer complained to animal control officer Cecil Lilley that Craddock’s dog repeatedly came into her yard and frightened her and her family.

Lilley investigated and determined that the dog is dangerous. County manager David Clegg upheld Lilley’s findings and ordered it put down, all in accordance with the county Animal Control Ordinance.

Craddock appealed Clegg’s order to the county commissioners as permitted by the ordinance. On April 6 the commissioners placed a stay of execution on Clegg’s order on condition that Craddock confine the dog inside a “commercial grade” pen and ensure that the animal was muzzled and on a leash when taken outside the pen.

On Aug. 16, Spencer, Craddock, Lilley and Sheriff Darryl Liverman were on hand when the commissioners’ regular meeting opened at 1 p.m. There was nothing on the printed agenda about a dog.

In the public comment period, when almost any subject can be raised, Spencer related that Craddock’s dog came into her yard on August 3 “growling and threatening us on our property.” She said she and her child were “trapped” on the family trampoline. She videoed the dog and said it was not on a leash.

Craddock told the commissioners she has “done [her] best to comply” with the earlier order and asserted her dog was in its pen at the time Spencer spoke of.

At that point the commissioners placed the matter at the end of the day’s agenda and moved to other business.

At 3:03 p.m., Clegg opened the hearing by summarizing past events.

Sheriff Darryl Liverman stated that Spencer called the 911 Center on Aug. 3 and said she and two small children were trapped on a trampoline by a vicious dog.

Finding that Lilley was not available immediately, the sheriff said he drove to the Spencer residence. He found Spencer “visibly upset,” and he escorted her and the children to the house entrance.

Lilley stated that he visited Spencer at her residence and watched the video later the same day. Craddock’s dog was in its pen at that time, he said.

Commissioner Tommy Everett asked if the dog in the pen and the dog in the video were the same. Craddock’s dog “has the same markings as the one in the video,” Lilley replied.

Craddock said she has lived at the same address for 22 years and has kept dogs for most of that time, “and there’s been no trouble until now.”

Spencer said Craddock’s dog has pinned her against her house, her friends have been pinned also, and “I’ve done all I know to obey the law. I don’t want the dog put down, but I want my family to be safe.”

Craddock and several commissioners viewed the video on a smartphone. “That’s not my dog in the video,” Craddock said.

Lilley then said Craddock texted him early on Aug. 4. Her opening sentences were, “When can you come pick up the dog and have him euthanized? I just can’t handle it any more,” Lilley stated.

Everett pressed Lilley on the dog’s identity, and he replied that, in his opinion, the dog in the video is Craddock’s dog.

Craddock stated she has a two-year-old grandchild in her home. “The dog is not aggressive,” she said.

All the while, Everett viewed the 15-20 second video several times. It included the sound of a dog barking.

At Everett’s request, board clerk Penny Owens fetched the April 6 minutes, and the room was silent for three minutes while the commissioners read the portion relating to their earlier decision.

Everett said he made his April 6 motion “in an effort to reach a compromise.” He said the video is compelling evidence of failure to comply with the board’s order. Craddock acknowledged that the dog is not always muzzled or penned up.

Everett moved to rescind the April 6 stay of execution, and it passed unanimously.

Everett moved to declare that the dog is dangerous and is to be euthanized. It passed unanimously on a roll call vote.

And Everett moved to direct the animal control officer to carry out the board’s order, “unless the owner does it first or files an appeal to the superior court.” And that motion also passed unanimously on a roll call vote.

Ricky Jagars Craddock had spoken on the dog owner’s behalf in the public comment period. Much later, during the discussion and vote on Everett’s second motion, she spoke out repeatedly without first gaining recognition from Chairman Leroy Spivey. After being warned twice to remain quiet, and failing to do so, Sheriff Liverman escorted her from the meeting room.

Following the hearing, Lynn Craddock asked the commissioners if she could remove the dog to another county. Everett replied in the negative, citing potential county liability for allowing a dangerous dog to escape.

The board ordered Lilley to take the dog into custody the following morning, Aug. 17.

The quasi-judicial proceeding, a rarity for the Tyrrell County Board of Commissioners, lasted one hour and 15 minutes.