Pit bull owner gets probation for blowup

McMinnville, OR -- A Whiteson man who lashed out physically and verbally last fall when a judge denied him a second chance to get his pit bull off death row agreed Thursday to serve two years probation and apologize to the victims.

Jake Milam settled the case by pleading no contest to charges of resisting arrest and harassment. In exchange, the prosecution dropped charges of fourth-degree assault and disorderly conduct.

Milam will serve no jail time, but will perform 60 hours of community service as part of the agreement.

A pair of Yamhill County officials, Circuit Judge Ronald Stone and County Counsel Rick Sanai, stood in an empty Salem courtroom Thursday swapping tales from their legal careers while last-minute negotiations were conducted in the jury room.

The two had been subpoenaed to testify for the state in the Yamhill County case, assigned to a Polk County prosecutor in a Marion County venue to avoid conflict of interest entanglements. So had a pair of Yamhill County sheriff's deputies, Bob Nelsen and Tyler Tooley, who were present when the incident unfolded in Stone's courtroom.

Mark Heslinga, Polk County's chief deputy district attorney, said he didn't ask Milam to pay a fine because the man and his wife have come under a huge financial burden in the case already.

They've financed six lawyers over the past 18 months to deal with proceedings involving their dog, now under a death sentence put on hold pending the outcome of an appeal. They've also run up an $8,000 boarding bill with the county shelter, which has been holding the animal since late in 2003.

"He understands people come to court to peacefully resolve things," Heslinga said. "You have to be peaceful."

Milam and his wife, Sandra Chapman, lost a six-month legal battle with Yamhill County Dog Control in May 2004, when Stone ordered the older of their two pit bulls to be euthanized for attacking a neighbor dog that eventually died of its injuries. Stone allowed the younger female to return home, under house arrest, but insisted the older male be destroyed.

Chapman and Milam immediately announced appeal plans, putting the order on hold. To date, care and food for the dog has cost in excess of $8,000. The family has said it shouldn't have to pay the bill. County counsel has moved the court to draw up an order.

Following the May ruling, Milam and Chapman filed an appeal. Exploring another legal track a few months later, as the case dragged on, they appeared before Stone on Sept. 10 to seek a new trial.

When Stone refused their request, Milam's frustration boiled over into a rage. He called Stone a cheat, a liar and a thief.

Stone gave him first one, two, then three days in jail for contempt, but Milam continued to rage. As a consequence, Stone continued to tack on days until Milam ended up with 30 days to serve.

On the way out of court, Tooley and Nelsen attempted to take Milam into custody, but he wouldn't cooperate. When Sanai rushed to their aid, Milam kneed him in the groin.

Milam was released from jail 20 days later, after apologizing to Stone for his outburst.

During Thursday's court appearance, he was calm and contrite.

"I take full responsibility for my actions," he told the judge. "I've had time to reflect on the situation.

"There are other ways I could have chosen to deal with that. I sincerely apologize to you, to the state of Oregon."

Marion County Circuit Judge Joseph Ochoa said he understood how a pet's welfare can cause a person to become emotionally charged.

"My wife was executive director of the Willamette Valley Humane Society for three years," he noted. "But you recognize that violence is not the way to go.

"A courthouse is full of people having problems. It's my concern that court staff and judges are given protection for these kind of things."

 

Whatever judge, yes the courtroom is full of problems because most judges don't solve them. Instead of helping a person out who's having problems they just give more fines just to cause more stress and problems for us.