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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.