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Highlands Today

State Drops Charges In Dog Shooting Case

CORRECTIONS OFFICER CLEARED OF FELONY ANIMAL ABUSE

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By Joe  Seelig | Highlands Today

Published: May 30, 2008

SEBRING — The attorney for a Moore Haven correctional officer announced Thursday that the case against his client in the shooting of her pit-bull dog in late March, was dropped by the state's attorney's office.

The charge was dropped on April 15 and the attorney received notice on April 24, according to information received from the court.

Dawn Marie Thomas, 31, of Sebring, was arrested by Highlands County sheriff's deputies on March 25, and charged with causing cruel death, pain or suffering to an animal, after sheriff's investigators said she shot and killed her pit bull dog in its cage after it started to show aggressive tendencies.

Had the case been brought forward, the charge would have been a third-degree felony.

"Dawn has maintained her innocence through her ordeal and has not wavered from her position that shooting her dog (named Boss) was necessary to protect a young girl standing near the dog's kennel," said Attorney Keith A. Peterson. "Dawn mourns the loss of her dog, but knew that her actions were necessary to protect a small child."

This was a dog the family had for about six years, he added.

A no-bill means the charge was dropped before the official charging document was ever filed, according to a spokeswoman at the state attorney's office.

Law enforcement has to prove probable cause, said Assistant State's Attorney Steve Houchin, on Thursday afternoon. The state's attorney's office has to be able to prove the charge beyond a reasonable doubt.

"We thought under the circumstances; the dog's behavior changed, the dog was aggressive, attacked a neighbor's dog, went after the husband," Houchin said. "One shot to the head with a .22 is not cruelty to (this animal). We did not feel the facts of this case justified a charge of cruelty to animals."

Dawn Thomas mourned the loss of the dog, he said. He also noted it was his client who called the sheriff's office to report the incident.

There was a great deal of information that was important to the case that was not reflected in the (sheriff's office) reports, Peterson said.

According to the arrest report, Boss was a 6 year old pit bull that she shot in the head with a .22 caliber rifle while locked up in its pen after the dog ran across the street to fight with a neighbor's dog.

Boss never was able to attack the other dog, according to the report. A neighbor's child reportedly was with the other dog, but was not injured.

It was always hard to calm Boss down once he became angry, the report stated.

According to the report, Thomas' husband chased after Boss and grabbed the animal, but the dog went after her husband, without biting him. However he sustained a scratch to his arm.

Leonard Thomas armed himself with a stick and began striking Boss with the stick, the report stated. He then placed Boss into his pen and secured the door. There were conflicting statements taken from witnesses as to how Leonard Thomas was able to get the dog back into its pen.

There were holes in the pen and the angry dog was trying to get through them. That was when Dawn Thomas got her rifle and fired one round into the left side of Boss' head, killing it.

Arresting deputies maintained that Dawn Thomas had an opportunity to call animal control to have the animal removed, but instead shot the dog herself.

Leonard Thomas reportedly buried the dog in their back yard.

However, due to Boss not having had shots in the past two years the dog was exhumed and the dog's remains were secured by animal control.

The dog was tested by the Highlands County Health Department, but the results of that test were not known, according to animal control. The dog's body was then buried.

She told investigators she recently learned she was pregnant and decided she did not want to keep Boss or give him away because of his recent aggression.

Attempts to reach Dawn Thomas for comment through her attorney were not successful on Thursday or Friday.

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