04-02-14 Special Magistrate Meeting- Dangerous Dog MinutesCITY OF ATLANTIC BEACH
DANGEROUS DOG HEARING MINUTES
4:30 P.M.—APRIL 2,2014
IN ATTENDANCE:
Jeb T. Branham, Special Magistrate
Stephanie Lachowicz, Stenographer
David Cameron, Police Sergeant
Kelley Caton, Animal Control Officer
Ernest Hagan, Animal Control Officer
ABSENT:
Jason Barber, Dangerous Dog owner
Misti Robinson, Bite Victim
Matthew Killen, Witness
Danielle Proctor, Witness
1. Hearing convened
Special Magistrate Branham: noted that at 4:30 p.m. there was no Defendant or Victim
present so he stated for the record that he would allow a further fifteen minutes for both
parties to arrive before the Hearing commenced officially. During this time
evidence/exhibits presented by Atlantic Beach Police/Animal Control Officers would be
reviewed and entered as accepted for the purposes of this hearing.
2. Official Administration of Oath to Defendants/Witnesses
Stephanie Lachowicz, Stenographer gave the oath to the officers present.
3. Old Business:
A. None
4. New Business:
A. 578 Royal Palms Drive, Jason Barber, Case #14-02771: Atlantic Beach City
Code, Chapter 4, Sec. 4-10 Dangerous Dog.
At 4:45 p.m. Special Magistrate Branham called the hearing to order and stated the reason we
had convened here today was for a final determination of dangerousness of a dog made pursuant
to Fla. Stat. § 767.10 and Section.4-10 of the Code of Ordinances of the City of Atlantic Beach
following a request from Mr. Jason Barber (Dangerous dog owner) contesting the initial
classification of his dog "Romeo" as dangerous. Special Magistrate Branham stated that he had
read and reviewed the case file. Special Magistrate Branham called Sgt. David Cameron as the
first witness. Sgt. Cameron was asked if all of the witnesses in this case had been notified and to
explain how they were notified. Sgt. Cameron stated letters were sent to all parties involved as
well as personal notification(in person or by phone) and verified exhibits entered into the record
by the magistrate. He was also asked to verify all supplements entered by him were correct in
which he confirmed.
Special Magistrate Branham called Animal Control Officer Kelley Caton to testify. She was
presented with an affidavit and asked if the affidavit was the one that she had given in relation to
this case and if so asked her to confirm that the content was true and accurate. Officer Caton
confirmed that the affidavit that she had been given was in fact hers and the information contain
therein was true and accurate. Officer Caton's affidavit was entered into evidence and marked as
an exhibit. Officer Caton was presented with a photograph of a woman(with what appears to be
an injury to her face starting just under her nose and ending over the upper lip area of her face)
and was asked her to identify the person in the photograph and to confirm who took the
photograph. Officer Caton confirmed that the photograph was taken by her and the photograph
was of Misti Robinson the dog bite victim. Special Magistrate Branham asked Officer Caton if
she knew how many sutures Miss Robinson received. Officer Caton stated Miss Robinson
received approximately 40-50. The photograph was entered into evidence and marked as an
exhibit. Officer Caton was asked if she wish to add anything further to her testimony and she
stated she did not wish to add anything further. Officer Caton was dismissed.
Special Magistrate Branham asked Officer Ernest Hagan to confirm that the information
contained in the investigation file that had been submitted with his name attached were true and
accurate. Officer Hagan confirmed that the information submitted by him that was contained in
the investigation file was his and that that they were true and accurate. Officer Hagan was asked
if he wish to add anything further to his testimony and he stated he did not wish to add anything
further. Special Magistrate Branham asked Sgt. David Cameron if he wish to add anything
further to his testimony and he stated he did not wish to add anything further. Special Magistrate
Branham accepted that documents from Atlantic Beach's records that were introduced and the
testimony that was given supported these factual findings. Special Magistrate Branham stated he
would considered the evidence that had been presented today along with live testimony from
Police and Animal Control Officers and in the absence of any opposing testimony/evidence
supplied from Mr. Barber or any other witnesses.
4. Hearing concluded
At 5:07 p.m. Special Magistrate Branham concluded the hearing and advised that he would send
out his final ruling and actions required for service on Mr. Barber.