Special Magistrate Minutes 4-2-2014 CITY 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.