Humane Society, Lowery Strike Deal Over Disputed Pit Bulls

Madison,WI -- District Attorney To Drop Charges Against Lowery

The Dane County Humane Society, the Dane County District Attorney's Office and the owner of 47 pit bulls reached a settlement on Monday that will result in the Humane Society taking possession of some of the disputed animals and the dismissal of criminal charges against the owners for alleged dog-fighting.


The agreement comes one week after a civil court case began that sought to determine who owned the animals that were seized from their owner Robert Lowery after his Town of Dunn property was the subject of a drug raid by federal authorities last June. Since then, the Humane Society has been under court order to hold the pit bulls as evidence because they are suspected of being used for dog-fighting, WISC-TV reported.

Both the Humane Society and Lowery said that they wanted possession of the dogs.


Lowery and his wife, Julie Dzikowich, had been charged with three felony counts of breeding dogs for fighting.


As part of the settlement, the ownership of 38 dogs will be transferred to the Humane Society. Officials said that the 38 pit bulls include all those considered a "significant threat to public health, safety and welfare" by an animal behaviorist. Meanwhile, nine other animals will be returned to Dzikowich because the family said that they are pets.


According to a Humane Society press release, several safeguards have been instituted for the dogs that will be returned to the family. The animals will be "microchipped" and will be monitored during the next three years. As part of the deal, the family won't be able to transfer ownership of the animals to other people.


The Humane Society said that a news conference will be held at the group's facility on Tuesday morning.


Lowery pleaded guilty to a federal drug charge for running a marijuana importation operation, WISC-TV reported.


Previous Stories:

• January 23, 2007: Humane Society Says It Costs $200K To Care For Seized Pit Bulls
• January 23, 2007: Hearing To Decide Who Owns Seized Pit Bulls
• January 19, 2007: Humane Society, Owner Argue Over Seized Pit Bulls
• December 13, 2006: Couple Facing Dogfighting Charges
• December 12, 2006: Pit Bulls Pushed Humane Society To Force Changes
• October 24, 2006: Humane Society Calls For Laws To Change Over 48 Pit Bulls
• August 4, 2006: Future Of Seized Pit Bulls In Question
• July 21, 2006: Accused Drug Trafficker Asks That 48 Dogs Be Returned
• July 4, 2006: Humane Society: Caring For Pit Bulls Costs Hundreds Per Day
• June 17, 2006: Public Supports Humane Society, Adopts Dogs
• June 16, 2006: Ex-Deputy Faces Charges In Drug Raid That Uncovered Dogs
• June 15, 2006: Raid On House Leads To Alleged Dog-Fighting Ring
• June 15, 2006: Police Arrest Ex-Deputy, Find 52 Pit Bulls In Raid

http://www.channel3000.com/news/10873807/detail.html

 

Newest update...

The Dane County district attorney's office is dismissing criminal dog- fighting charges against Robert Lowery and his wife, Julie Dzikowich, as part of a settlement reached Monday, according to the Dane County Humane Society.

The agreement, between the humane society, Dane County, the district attorney's office, Lowery and Dzikowich stipulates that of the 47 pit bulls that have been in the humane society's care since they were seized from the couple's property in the town of Dunn in June, 38 be given to the humane society.

Those 38 pit bulls are considered to be a threat to public health, safety and welfare, according to the humane society. Nine of the dogs, which are considered friendly, will be returned to Dzikowich. They will be required to undergo on-site inspections and have microchips implanted. They also cannot be transferred to other individuals.

Based on behavior assessments, the 38 dogs in the humane society's care will either be euthanized or, if found to be friendly, could go to a rescue group or sanctuary, said humane society President Cathy Holmes.


"Based on the evidence previously presented, it would be our belief there was dog fighting going on at one point and time," Holmes said. "We want to make sure the dogs that are returned will not be subjected to any kind of fighting."

Lowery, 58, and Dzikowich, 48, were each charged in December with three counts of instigating animal fights.

Dane County District Attorney Brian Blanchard said the settlement was driven by a concern over the humane society's burden to keep and care for the dogs as wards of the state, and the fact that Robert Lowery is serving what is "essentially going to be a life sentence" in federal prison for unrelated charges.

Lowery, who pleaded guilty to a federal charge of taking part in a large-scale marijuana importation scheme, is at a federal prison hospital in Butsen, N.C., for cancer treatments, awaiting sentencing.

"In all cases, we have to evaluate the utility of a prosecution," Blanchard said. "Under Wisconsin law, the fate of these dogs cannot be decided until after the criminal case is completed. By completing the case, we can assist the humane society."

Holmes said this month that the shelter had spent $200,000 to care for the dogs and had to turn many other dogs away because more than half its space is taken up by the pit bulls. It also cut back its hours to save money because of the tab for the pit bulls' care.

A trial in a suit by Lowery and Dzikowich to regain the dogs started last week but had been extended to late March, an "unacceptable" amount of time for the dogs to spend in kennels, Holmes said.

"I don't know there was ever going to be a really good ending to the whole situation with the pit bulls," she said. "We're pleased it's ended."

Attorneys for Lowery and Dzikowich couldn't be reached for comment Monday night.

The dogs were discovered by police during a drug raid at the couple's property June 14. A humane society veterinarian concluded 32 had a history of involvement in or training for dog fighting, according to the criminal complaint. The dogs had a high prevalence of scarring, puncture wounds, broken teeth, severe skin trauma and injuries caused by other canine teeth.


http://www.madison.com/wsj/mad/top/index.php?ntid=116816&ntpid=2

 

And another innocent man loses to the HSUS through their bullying. Amazing......if they truly had proof, they would NEVER drop the charges. This just goes to show you that they don't have proof of him being a "dogfighter" but rather their goal was to once again exterminate a large number of vicious pit bulls. What the hell is our world coming to?

 

I agree Mia.

Shameful that others beleive they have the right to deem what should be a pet. Hold on to your working Animals as they will not be around long ....esp if the HSUS is to get involved or suspect any activity that may be " deemed cruel".

 

no doubt! such a sad, sad thing...


















Photo by Mike DeVries/The Capital Times
One of 47 impounded pit bulls greets a visitor last June at the Dane County Humane Society.







The 47 pit bulls have been locked up in individual cages and kennels for 230 days, ever since they were seized June 14, 2006, from Lowery's town of Dunn farm during the raid by federal drug enforcement agents-

pathetic, ...

 

That is so sad. I feel sick to my stomach thinking about those poor dogs and that owner. Another owner shafted by them scum bags.

 

I heard one of the stipulations is that they have to neuter 5 of the 9 dogs they're getting back. This stuff is really scary. I don't know this guy from Adam, but just the thought that AC can take your dogs and make you bargain to get them back... Makes me wonder how long before they start coming after anybody with Pit Bulls.

 

That's why you don't mix drugs with the dogs. He's lucky he's getting any back.

 

That is so true!

Drug issue not a dog issue.

 

One thing is for certain. I don't do drugs now, nor have I ever, I don't condone it. He pleaded guilty to that. However the dog fighting issue is still speculative based on an assumption made by some one that is looking a bunch of dogs. As far as I read there was no real proof of such or that any thing but some possible bite marks were on dogs. I don't know about Wisconson but in the South a tick can leave round scars. Mange and thorns in the woods and other things cause scars as well. I don't know if he did or didn't fight dogs. But I would like to see if they are going to judge the dogs as such that there is real proof of such not a bunch of speculative mess and guesses. Human aggression of course rules a dog out. But just growling and if they would fight another animal doesn't prove a damn thing. His drug issue is a whole different issue. And one doesn't mean guilt of another. Last time I checked we are still innocent until proven otherwise. He is guilty of drug charges. I don't see were he was found guilty of any other deed. Not saying either way but I don't see proof of such in this case. The dogs shouldn't suffer for the unrelated drug charge. And some one selling pot doesn't make them a dog fighter. It makes him a pot seller. One of them is going to serve life for distribution of drugs. Still that has nothing to do with dogs at this point. There should be still due process on that issue. It is the dogs that suffer. And that they are letting some dogs go back, in my mind proves that he/they were not deemed bad owners or that they were doing wrong that they can provide proof of. 38 dogs face death over no proof. That is an issue. We can speculate allot of things but that doesn't make them true or something to punish another person or their dogs for. If we condem him for and or his dogs because of his drug charge we are no better than the liberals hunting the rest of us.

 

I don't understand how the shelter can walk down the line of these OWNED dogs and say, "Yep, a threat, nope, okay, threat, etc..." What!? How can it be legal for them to decide which dogs can and can not go home? That's insane! They should know that dogs act different in kennels, they get crazy sometimes, whatever, they are OWNED animals and they did not bite anyone, which means they are not reported as vicious! Where can I write to these people making these decisions? They ones who decide who can and can not go home? That is ridiculous.

 

yeah, i was thinking the same thing, too, when i initially read it.
seems absurd, huh?!!!!:rolleyes:

 

Having sweat my fair share in shelters, we never refused a dog to it's owner, even if it wasn't friendly to us, or the other animals! Arrrrrgh!

 

no doubt! MOST of what we term "red sticker"=aggressive animals, do a nice 180 when they see their owners.

i find this "story" VERY disturbing, as i do most these 'types'...:mad:

 

Me too. When I see my master I act real nice. I should be all the time because God is always watching. I just forget sometimes how to act.