Owner of dog who ingested heroin fails to appear for hearing in Dayton

ajc.com

Credit: Contributed

Credit: Contributed

UPDATE @12:24 p.m. (Dec. 28)

Montgomery County Animal Resource Center reports one of the persons claiming a right of ownership to "Diesel" failed to appear for a seizure and impoundment hearing on Tuesday.

The hearing was scheduled to determine if probable cause existed for the Animal Resource Center to seize an animal and, if so, what bond the owner must post in order to retain ownership rights pending adjudication on any criminal charges.

"The bond for Diesel is not to get the dog back, it is to retain ownership rights pending the outcome of the criminal case,” said the organization in a written news release. “This is not a bond like one that would be paid by a human defendant to remain out of jail pending a case. If the owner fails to post the bond, the dog is forfeited to the shelter regardless of the outcome of the criminal case.”

The county agency also added that if the defendant posts the bond, the dog remains in ARC custody until the criminal case is decided and a judge decides if the dog may be returned. The actual amount covers the fees & costs from impoundment through today's hearing and then the amount in addition that needs to be posted every 30 days to maintain that hold.

A judge may forfeit the animal or return it depending on the outcome at the end of the case, regardless of the bond, according to ARC.

The person claiming ownership has 10 days from today to post the bond PLUS an additional 30 days board to continue the hold.

Diesel remains in ARC custody and will not be released to anyone absent a court order or special adoptive placement if permanent custody is awarded to the ARC.

EARLIER REPORT

Two Dayton residents are facing charges related to a dog accidentally ingesting heroin.

The Montgomery County Animal Resource Center said in a release the dog, named Diesel, was seized Nov. 25 after it was taken to Med Vet Dayton for treatment.

The pit bull puppy was treated for accidentally ingesting heroin.

David Bending and Melissa Myers each face two counts of cruelty to animals, according to a release.

The dog is in the care of ARC and is not up for adoption.

The two suspects have a hearing scheduled for Dec. 27 in Dayton Municipal Court.

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