The DA, the sheriff or both mishandled my dog attack case. A phone call on Friday devastated me with new information. I’ll present the facts. You decide!
I’ve never wanted to be a lawyer, but I found out when I finished my English major degree that an English degree is often the degree lawyers receive before law school. Why is that?
While getting my degree, several classes focused on reading literature, taking it apart and then using critical thinking skills, making a statement from the pieces. That’s what I have had to do with my dog attack case.
Here’s the evidence:
On July 21, 2024, I was viciously attacked by a dog, going into a yard to pay the woman who had cleaned my house. Initially I told the undersheriff in the emergency room I didn’t want to press charges because I believed the owner when he said, “I should put this dog down.” He changed his mind; so did I.
Sheriff Experience
Because of this change of mind of not to put the vicious dog down, on July 23, 2204, I called the sheriff who covered our area and said I changed my mind. I wanted to press charges. At this time, I also emailed him my statement at this time. I figured the sheriff’s department had pressed charges.
Lin and I had decided to wait to pursue a lawsuit until the wound healed, so at the end of November I connected with a lawyer. On December 5, 2024 I was turned down by a lawyer on a lawsuit because no charges had been pressed. No one from the sheriff’s office had called me to tell me they had decided not to press charges. I called the sheriff that day and he was supposed to call me back.
Shocked about this and tired of waiting, I called the sheriff back on December 10. He said he was sending the case FINALLY to the DA’s office. It had never been sent to the DA’s office for consideration. He apologized but had no explanation. He also apologized for not letting me know that he had decided not to press charges.
Can You Believe This?
When I finally got the official case report, my statement was not included. I challenged the sheriff’s office on this and I got lots of excuses. The sheriff included it finally because I demanded it. Can you imagine that? I was the victim and my statement was not included in the official case report. The two owners of the dog included and interesting that the sheriff’s decision of no charges favored them.
Also, I have waited since the first part of December to get the photos of the open wound in the emergency room. Excuses: camera failure on the cellphone of the undersheriff who responded to the call, they sent it earlier but I never received it. I finally got them this week.
Recently I found out that the sheriff’s office had sent the case report (without my statement) to the DA’s office on August 13, 2024. So, was the sheriff I dealt with lying when he sent it on December 10? I’ve had several email communications with the head of the sheriff’s department, but they blamed the DA’s office for the mishandling of this case. This gets real confusing with all the lies and mismanagement.
DA Experience
On December 13, 2024, I called the DA’s office to see if my case had been sent to their office. First they said no, then they said yes. It had, and a new Deputy DA had submitted it back to the Sheriff’s Department to press charges in a criminal case. OMG! Finally, an action demanding responsibility.
Wow! Although I had to throw the lawsuit choice out the window because of the statute of limitation, I felt there were consequences for what I have gone through. We enjoyed quiet holidays at home in Tijeras.
Happy New Year!
On January 6, 2024, I received a phone call from the DA’s office telling me they have decided to dismiss the case—no real explanation. Here we go again! Then fifteen minutes later, I got another phone call saying they pressed charges on December 27, 2024. What flip-flopping! They also told me the Deputy DA would be calling me later in the week.
So once again—I felt like the legal system worked and those who should face accountability would!
So, I continued through this last week with the post-dog-attack schedule I’ve had: trauma therapy on Monday morning and PT Monday afternoon, Lovelace Pain Management Clinic on Wednesday with my new doctor, PT on Thursday and an appointment with my podiatrist later that afternoon. Yes, it was exhausting week! But I’m getting good care!
Disturbing Phone Call
Then Friday afternoon Lin and I sat enjoying relaxing peppermint mocha lattes at Starbucks in Edgewood. The phone rang and caller ID identified the DA’s phone number. Excited, I answered, thinking I’d get a clearer explanation of what happened.
“We’ve decided to dismiss the case,” the new Deputy DA said abruptly.
In disbelief, I sat there, questioning her again and again, trying to understand the change once again. The flip-flop back and forth!
She confirmed the DAs office received the case in August-September. She was the one who pressed charges. The case got dropped (she admitted their fault here but no apology), but they pressed charges in December, months later. A new DA reviewed the case, and now the DA reversed the charges. Not enough evidence for a criminal case plus I was in their yard! I questioned her about someone going in that yard and being killed by that dog—would the owner be free of charges? She didn’t answer me!
I hung up absolutely destroyed! I’ve dealt with the physical and emotional pain from the actual attack. I continue to deal with nerve damage pain that has no end in sight. But I have had to face the additional distress over how this case was handled and the insanity of yes, then no!
Future Plans
So where do I go from here? I plan to email the governor and also the state Attorney General all of this information, identifying the county and the actual government employees who failed me.
In conclusion,
I’m sure you can see where I had anger at the sheriff’s office for their mismanagement. Then add the DA’s office and their insanity of flip-flopping back and forth. So, my conclusion—the legal system has failed me like it has so many people. I have joined the ranks of the disillusioned.
“Lady justice is an allegorical personification of the moral force in judicial systems. Her attributes are scales, a sword and sometimes a blindfold.: https://en.wikipedia.org/wiki/Lady_Justice
As depicted above in the photo, Lady justice’s three attributes symbolize:
- scales – the weighing of evidence and facts
- sword – implies her ability to cut through obstacles to get to the facts of a case
- blindfold – impartiality
How idyllic that symbol is! I wish it were true!
Have you had a sad experience with the legal system? Let me know!
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