2018-00062788 9/7/2018 09:57 Animal Call 09/04/2018 08:00 09/06/2018 11:00 800 SOUTHWEST DR Cheyenne, WY 01 6-3-203(A) CRUELTY TO ANIMALS - TORTURE 1 Commit Adult Other NELSON, CHRISTOPHER DAVID Jr Adult Complainant KLAPEL, JANETTE Adult Person of Interest FECHT, ROBERT D P20 SMITH 9/7/2018 TRIMBLE, RYAN MICHAEL 09/08/2018 CPD Case 2018-00062788 Page 1 OF 10
2018-00062788 Adult Witness KRONSBEIN, KACI MARIE Adult Witness BRUECK, KEVIN Adult Witness PAYNE, AMANDA MORGAN P20 SMITH 9/7/2018 TRIMBLE, RYAN MICHAEL 09/08/2018 CPD Case 2018-00062788 Page 2 OF 10
2018-00062788 On 9-07-2018 at about 0945 hours I, Officer S. Smith, was given information about a possible animal cruelty case at 800 Southwest Drive (Cheyenne Animal Shelter) by Lt. Smith. The initial complaint was made by an employee at the shelter, Janette (Jay) Klapel, that sent an email to Cheyenne Police Department Chief Kozak about the following matter: -On September 4 th, 2018 a staff member for the shelter was bitten by a dog who was in the care of the animal shelter. Animal Control staff was able to safely restrain and confine this dog into kennel at the shelter. -On September 5 th, 2018 at approximately 10 AM, Robert Fecht, the CEO of Cheyenne Animal Shelter ordered Animal Control to bring the dog to the back of the building on a catch pole. It is reported that Animal Control Officers Johnson and Smale complied with this order while Officer Shimko remained on scene. According to the initial report by Klapel, Fecht then stated, I better not catch anyone with cell phones out or recording this. Fecht then ordered another dog be brought out to agitate and upset this dog (later discovered to be named Tanner). Once Fecht felt Tanner was sufficiently agitated, he ordered that Tanner be pepper sprayed, directly in the face. The employee that was bitten by Tanner on 9-04-18 Marissa Cox was offered first to be the one to spray Tanner but declined. Officer Smale was responsible for spraying Tanner with the pepper spray. This was observed by several people outside the building to include the shelter manager Brooke Byelich, Marissa Cox, and Dr. Amanda Payne. Kevin Brueck, Rodney Mace, Cassandra King, Jessica H and Brianna Mathewson all observed this incident from the break room window. Once Tanner was finished being sprayed, they hosed him off with water as well as the area he was sprayed in as he was coughing up blood. Tanner was returned to the kennel in doors after this. -September 6, 2018 at about 1030 hours, Tanner was euthanized by staff. On 9-07-18 at about 1015 hours I made contact with staff members of Avenues Pet Clinic (5520 Yellowstone Rd.) Tanner was reportedly in the care at this location prior to this incident. I asked staff at this location if any of them recalled having contact with Tanner that could provide me information about his demeanor and time while in their facility. Tanner was brought in on 8-12-18 and was released to Cheyenne Animal Control on 8-31-18. I spoke with Kaci Kronsbein (Kaci) who advised that she had spent quite a bit of time with Tanner while in their care. Kaci informed me that Tanner was about an eight-month-old Red Nose Pitbull dog (tan in color, large floppy ears and golden colored eyes). Tanner was brought into their facility on 8-12-18 by Misty Green. It was discovered later that Green was not the owner of Tanner but was looking after him while the owner, P20 SMITH 9/7/2018 TRIMBLE, RYAN MICHAEL 09/08/2018 CPD Case 2018-00062788 Page 3 OF 10
2018-00062788 Nicholas Rockwell, was incarcerated. Green brought Tanner to the vet clinic because he had a swollen face and neck possibly from an infected insect or similar bite to this region of his face. As a result of this and his current condition Tanner was hospitalized at this facility for further treatment. Staff at the Avenues Clinic tried several times to get in contact with Green for payment and updating her on his condition. Green kept telling staff that she needed to get money and she would be there to pay for the medical expenses and pick him up. This went on for nearly three weeks. While Tanner was at this facility for that amount of time Kaci was in regular contact with him. Kaci who is a Pitbull owner herself took it upon herself to give Tanner some socialization outside of the kennel while at work. Kaci would take put Tanner on a harness and retractable leash outside to go potty and the dog would run around and jump with excitement for being let out of the kennel. As part of his excitement Tanner would become mouthy with Kaci. I clarified what that meant and she stated he would nibble on her pant leg or hand like puppies normally do but it was never hard enough or in an aggressive manner that concerned her. Kaci had her dog at work one day and walked it past Tanner s kennel and there was no never an aggressive response. Both dogs who were male would smell each other through the kennel wire and there was no response from Tanner. The Avenues Pet Clinic does not usually keep animals as long as they did Tanner but the staff to include Kaci tried finding him a foster family or someone to adopt him. Kaci explained she would never have done that if she thought Tanner was a danger to anyone else. Kaci provided me Tanner s records while he was at the pet clinic. In these records was a daily activity sheet that was completed for each day Tanner was at the pet clinic. While reviewing these documents, I noticed that each day the only recorded item was feeding and medications given. I asked Kaci if there was a behavioral incident or anything similar if that would be recorded on these daily activity logs and she replied yes. Since nothing was listed there was not a recorded incident of Tanner acting out, aggressive or any behavioral issues for the almost three weeks he was at the Avenues Pet Clinic. Ultimately Tanner received treatment for his swollen face and neck area by this wound being lanced and cleaned by doctors at the clinic and then was put on a round of antibiotics to clear the abscess up. Tanner was given the rabies vaccine by staff of Avenues Pet Clinic on 8-22-2018. The Avenues Pet Clinic sent a letter through certified mail to Misty on 8-21-18. This letter advised Misty that because they had attempted several times to contact her and got no response or payment that they considered Tanner to be abandoned. It also advised they would make attempts to have Tanner adopted into a loving home. If no home could be found and Tanner was not picked up by Misty that he would be surrendered to the Cheyenne Animal Shelter on 8-28-18. On 8-31-18 ACO Johnson contacted Nick (unknown P20 SMITH 9/7/2018 TRIMBLE, RYAN MICHAEL 09/08/2018 CPD Case 2018-00062788 Page 4 OF 10
2018-00062788 last name at the time) whom was the real owner of Tanner. ACO Johnson advised Nick that he would offer him a deal that if he would pay Avenues Pet Clinic the total bill amount of $498.90 the shelter would return Tanner to him. This never happened. Kaci provided me a written statement to be added to this report. After speaking with Kaci I attempted to make contact with Misty Green. Misty was the last known care giver prior to Tanner being at the pet clinic that could provide information about any behavioral issues. I attempted to contact Misty at her listed address on the pet clinic forms at. at 12:29 but no one answered the door. I then checked her last known address at and was informed she moved out months ago. I contacted Jay by telephone asking her if she would be willing to meet with me in person to follow up on the information that she provided in her email to Chief Kozak. Jay wished to talk in person at the police department to give me a further statement. I conducted an interview with Jay at 1530 hours at 415 W. 18 th St (Cheyenne Public Safety Center). I advised Jay that I was provided a copy of her email and wanted to review this information. Jay explained to me that some of the information she had was obtained from Kevin Brueck as well as other staff members at the Cheyenne Animal Shelter. Jay explained that Tanner was transferred to the shelter on 8-31-18 by Animal Control Officers. On 9-04-18 Marissa Cox who is the Volunteer Coordinator for the shelter had removed Tanner from his kennel to take him outside to pee and break him from the kennel. Tanner was in a kennel next to another dog, unknown name or breed to Jay. This other dog was cage aggressive as well as other dog aggressive. Jay described this dog to be a fence fighter. This dog was also only adoptable to a family that did not have any other dogs in the household due to this issue. According to Jay when Marissa removed Tanner from his kennel on September 4 th that this other dog was barking and agitated that Tanner was out. Marissa had Tanner on a leash to walk him outside when Tanner became agitated at this other dog. Tanner redirected on Marissa and bit her on the lower leg three times. After being bitten Marissa dropped the leash leaving Tanner in the walk way area in the kennel room and notified Animal Control. Animal Control Officer (ACO) Shimko responded to the kennel room. ACO Shimko is the ACO supervisor and was able to get Tanner back into his kennel without further incident on the September 4 th. On September 5 th, 2018 around 1000 hours CEO Robert Fecht, Marissa and ACO personnel had a meeting. After this meeting Robert directed ACO staff to bring Tanner out back behind the shelter on a catch pole. As P20 SMITH 9/7/2018 TRIMBLE, RYAN MICHAEL 09/08/2018 CPD Case 2018-00062788 Page 5 OF 10
2018-00062788 Tanner was being taken outside there were several employees to include Kevin Brueck, Cassandra King, Rodney Mace, Jessica H, and Brianna Mathewson. Robert told these employees who were in the break room at this time, I better not see any cell phones and no one better be recording this. This information was told to Jay by Kevin. There is a break room window that faces the back area where Tanner was being taken. Animal Control Officer s Shimko, Johnson and Smale were present along with Robert, Marissa and shelter manager Brooke Byelich and Dr. Amanda Payne. Robert had staff bring Jaxon another dog aggressive canine outside. Jaxon was brought outside to agitate Tanner. Jay did not provide detail as to how Jaxon was agitating Tanner but once Robert felt Tanner was agitated enough Jaxon was put back inside a kennel. While ACO Johnson had Tanner on a catch pole Robert handed Marissa a can of pepper spray. Marissa was unable or not willing to spray Tanner, Jay was unsure of this. The can of pepper spray was handed to ACO Smale who then sprayed Tanner directly in the face while ACO Johnson was still restraining Tanner on the catch pole. Due to the close distance of the spray and the amount Tanner started coughing making it difficult for the dog to breathe. Due to this Tanner started coughing up blood. Tanner was then sprayed off with water and returned to his kennel. According to Jay Tanner did not receive any more medical attention that day or the following morning. Following this incident this area to include the blood was hosed off. Shortly after this Dr. Payne came inside the building and told Jay that they just shot Tanner and was visibly upset over this incident. Jay was inside the building setting up an area for feral cats. Jay explained she immediately called ACO Shimko to talk about what she heard. Jay and ACO Shimko talked about this incident outside the building in ACO Shimko s truck. On September 6 th, 2018 at about 1030 hours Tanner was euthanized. Tanner s head was decapitated and sent into a lab for rabies testing. A short time after the euthanasia was completed Robert instructed Brooke and Marissa to order more pepper spray imply this situation was a training incident for their staff. Marissa was heard giggling with Brooke in the office area they call the bull pen when Marissa stated I want a taser. Jay was very upset about this incident stating it was a demonstration of gross abuse of power and absolute abuse and cruelty to Tanner. Jay had conducted several euthanasia in the past and it s the staffs job to keep the animal calm and comfortable before being put to death. This incident in her words was a cruel and intentional infliction of pain, fear, and suffering. Jay sent the same email that she did to Chief Kozak to the entire members of the board for the Cheyenne Animal Shelter. Upon the board members getting this email there was a meeting with the board and Robert. In this meeting Robert explained it was a training for the staff. When questioned about the blood on the concrete Robert P20 SMITH 9/7/2018 TRIMBLE, RYAN MICHAEL 09/08/2018 CPD Case 2018-00062788 Page 6 OF 10
2018-00062788 advised this was just a pink mucus and not blood. Jay provided me pictures that attached to this report. These pictures show the area where this incident occurred as well as the break room window the above listed employees observed this incident from. One of the pictures there was a red substance, looking like blood, still on the pavement that was not sprayed off with the hose. The rocked area by this concrete walkway also appeared to be wet. All of which are consistent with the events of this incident as reported by Jay. During my interview with Jay I also clarified what the policy was for the Cheyenne Animal Shelter (CAS) when a dog bites someone. It is CAS policy that when a dog bites anyone it goes into a ten-day quarantine. During this time the dog is not allowed to have human contact if its kept at the shelter. The dog is to be observed (given food and water) while a decision is made what happens after this ten-day period based on the observation. This changes if the dog is not considered a stray in which time this ten-day period can be in the home of the pet s owner. Based on that policy Tanner should not have been taken outside the day after it bit Marissa and exposed to any of the events that are alleged to occur. Tanner was considered a stray because at the time of intake on 8-31-18 Animal Control had not determined who in fact was the owner. Because of this Tanner was not CAS property until 1800 hours on Wednesday September 5 th. On 9-08-2018 at 0955 hours I attempted to contact Misty again at. I contacted Misty s brother, Christopher (Chris) Nelson. Chris advised that Misty recently moved to Laramie, WY with her boyfriend. I asked Chris if Misty was staying at this location prior to her moving and she was. I then asked if Misty had Tanner with her while living her and he was. Chris advised that Misty had Tanner living at this address for about two or three weeks. Chris described Tanner as being a typical puppy with a lot of energy. Like previous reports Tanner would become mouthy with Chris on occasion. Chris did not feel like Tanner was being aggressive when he was doing this rather acting out more like a puppy with no training. Chris had two other female dogs who were in heat while Tanner was living with him. Tanner was not fixed and still had his testicles. Due to this Misty often had Tanner chained up outside so he could not get to the other female dogs. Chris did mention that about a month prior Animal Control was called to his house after Tanner apparently killed a small dog of Misty s. Chris did not have the details about this as he was not home when it happened or when ACO s came. Misty never really told Chris about this and tried hiding it from him he felt because she thought she would get kicked out of the house and had nowhere else to go. I asked Chris who had two younger children living in the home if he or the kids were ever afraid of Tanner or if Tanner was aggressive towards them and he stated no. P20 SMITH 9/7/2018 TRIMBLE, RYAN MICHAEL 09/08/2018 CPD Case 2018-00062788 Page 7 OF 10
2018-00062788 I contacted Kevin Brueck by telephone and asked him if he was willing to meet in person and give me a verbal statement about what he witnessed at the shelter on September 5 th. Kevin agreed to this and wished I meet him at his house as he was watching his younger sibling. At about 1045 hours I arrived at this location and spoke with Kevin in person. Before I asked Kevin any details about the incident I asked him what he could tell me about the shelter policy involving stray dog intakes and bite quarantine process. Kevin advised that he had worked for the shelter for seven months during that time he was assigned first as the intake person and then most currently worked as animal care. Kevin informed me it was shelter policy that stray dogs are put on a five day hold while they attempt to contact or find an owner for the dog. If after five days they don t make contact or the owner refuses to get the dog, the dog becomes shelter property. A dog that is responsible for biting someone is put on a ten-day quarantine due to city ordinance. In that ten-day period the dog is observed by staff looking for any signs of rabies. It is the shelter policy that the dog is put in a specific kennel. This is to protect the staff from coming into direct contact with the dog. The kennel is separated by a door so when the dog is fed and given water the staff can shut the door so there is no direct contact ever. The reason for not having any direct contact with this dog who is in bite quarantine is to protect the staff from possible rabies exposure. On the morning of September 5 th Kevin was in the shelter s break room along with Rodney Mace, Cassandra King, Jessica H, and Brianna Mathewson. While standing in the break room Robert and Brooke Byelich walked by. Robert told the staff in the break room I better not catch anyone with cell phones out or recording this. The staff in the break room was quite unsure of what Robert meant by this. As Robert and Brooke continued walking Brooke utters Oh they don t know what we are doing. A short time later ACO Smale was seen walking outside with a can of pepper spray in his hand. Tanner is brought outside by ACO Johnson on a catch pole. Kevin was unsure if Brooke brought Jaxon, another dog, outside initially but he saw her holding the leash while she walked him back and forth in front of Tanner (who was still restrained by Officer Johnson by a catch pole). Jaxon was a Pitbull mix that had a history of firing other dogs up and being dog aggressive. It was clear to Kevin that Jaxon was brought outside to agitate and stir Tanner up. After a period of time Jaxon was taken back inside and placed in a kennel. From where Robert, Brooke, Marissa, Dr. Payne and the ACO s were standing Kevin couldn't see who actually sprayed Tanner with the pepper spray. But he did see ACO Smale walk back around the corner of the building with it in his hands after Tanner had been sprayed. Once Tanner was finished being sprayed he was seen getting hose off with water. ACO s then walked Tanner back into the building. While in the hallway Kevin heard Tanner coughing hard, repeatedly. Tanner then threw up a bloody mucus in the hallway just outside of the break room where Kevin was still at. Kevin described this as being a large amount that pooled on the floor in P20 SMITH 9/7/2018 TRIMBLE, RYAN MICHAEL 09/08/2018 CPD Case 2018-00062788 Page 8 OF 10
2018-00062788 a triangle like shape. Marissa was quick to clean this mess up. Once Robert and Brooke walked back into the building together Kevin heard Robert tell Brooke to go order more pepper spray. Kevin mentioned that following Tanner being euthanized his head was removed from the body and sent in for rabies testing. This is a requirement set forth by the State of Wyoming Veterinarian Board that if any dog bites a human and it euthanized before the ten-day observation period it must be sent in for testing. I confirmed with a Veterinarian Doctor Rod Hartshorn with the Avenues Pet Clinic that this is in fact a requirement and that this vet office and the shelter would send the heads in for testing to the University of Wyoming. This incident was very upsetting to Kevin as he felt that it is the responsibility of all the staff at the shelter to care for and tend to the needs of all the animal at their facility. Kevin explained what they did to Tanner was cruel and in no way, a training scenario. To Kevin s knowledge Robert and staff had every intention to euthanize Tanner immediately after Marissa was bit but could not do so until September 6 th when CAS took Tanner into their property. While working in the shelter Kevin had been bit by both dogs and cats. Never once was anything like this done to any of these animals. Kevin explained working in shelters with these types of animals there is an understanding of the possibility of the staff members they are going to get bit. Kevin felt if in fact this was a training scenario and not abuse there are several ways to train staff on how to properly administer pepper spray without doing it to a live animal. I asked Kevin why he put his notice in to quite at the shelter two weeks prior to this incident and he explained he did not like the direction the shelter was headed or the way he was being treated. After the previous facility manager resigned and Brooke took over this position things had progressively got worse and he was tired of it. Since this incident Kevin and a former ACO Travis Talton had been in contact over Facebook messenger. During their conversation Travis indicated he was terminated. Kevin asked Travis on what claim and his response was Because I wouldn t tell Bob who told me about the pepper spraying. Travis goes on to say that He (Robert) told me to give him a name or pack my bags. Kevin took a screen shot of this conversation and emailed it to my department email that will be attached to this report. Travis was off duty at the time of this incident and not at the shelter. I gave Kevin the opportunity to write a written statement and he declined stating anything he would have P20 SMITH 9/7/2018 TRIMBLE, RYAN MICHAEL 09/08/2018 CPD Case 2018-00062788 Page 9 OF 10
2018-00062788 written down he just gave me in his verbal statement. On 9-08-2018 at 1330 hours I contacted Dr. Amanda Payne by telephone as there were no local contact in LERMS for her. I asked Dr. Payne if she would be willing to talk to me about the incident concerning Tanner or if she had an opinion about it. Dr. Payne explained to me that she was brought in at the tail end of this incident. Dr. Payne was busy doing other things in the clinic just prior to her being asked to come outside for what she called a training. Dr. Payne stated that prior to being brought outside for this incident she was unaware of any training being put on by Animal Control Officers or being consulted to help provide any such training. Dr. Payne did not think this training was cruel but if it was up to her she would have looked into doing it differently. She thought about doing it on each other or other means if it would have been up to her. Dr. Payne explained there was an incident in the past where a staff member was almost killed by a dog attack in the facility. Since then some staff members expressed some concern about their safety when dealing with these types of animals and what to do if they are attacked. Dr. Payne thought this training might have been helpful for those in attendance to realize the effects the spray had against a dog. This interview was conducted on a recorded line in the patrol area of the police department. I tried to contact Misty by telephone on the afternoon of 9-08-18 with no answer. Per Lt. Bell this case will be reviewed and assigned out to detectives for further investigation. P20 SMITH 9/7/2018 TRIMBLE, RYAN MICHAEL 09/08/2018 CPD Case 2018-00062788 Page 10 OF 10
Cheyenne Police Department Report of Investigation 415 West 18 th Street Cheyenne, WY 82001 Case # 2018-62788 Origin: On 9/7/2018 at approximately 0945 hours, Officer S. Smith was given information about a possible animal cruelty case at the Cheyenne Animal Shelter, 800 Southwest Drive, by Lt. Smith. The initial complaint was made by an employee at the shelter, Janette (Jay) Klapel, who sent an email to Cheyenne Police Department Chief Kozak about the following matter: On 9/4/2018, a staff member for the shelter was bit by a dog who was in the care of the animal shelter. Animal Control staff was able to safely restrain and confine this dog into a kennel at the shelter. On 9/5/2018 at approximately 1000 hours, Robert Fecht, the CEO of Cheyenne Animal Shelter, ordered Animal Control to bring the dog to the back of the building on a catch pole. It is reported that Animal Control Officers Johnson and Smale complied with this order while Officer Shimko remained on scene. According to the initial report by Jay, Fecht then stated, I better not catch anyone with cell phones out or recording this. Fecht then ordered another dog be brought out to agitate and upset this dog (later discovered to be named Tanner). Once Fecht felt Tanner was sufficiently agitated, he ordered that Tanner be pepper sprayed directly in the face. The employee that was bitten by Tanner on 9/4/2018, Marissa Cox, was offered first to be the one to spray Tanner, but she declined. Officer Smale was responsible for spraying Tanner with the pepper spray while he was on the catch pole. Tanner was reactive to the catch pole, but not going after anyone around him. Tanner immediately calmed down after being sprayed. This was observed by several people outside the building to include the shelter manager Brooke Byelich, Marissa Cox, and Dr. Amanda Payne. Kevin Brueck, Rodney Mace, Cassandra King, Jessica H, and Brianna Mathewson all observed this incident from the break room window. Once Tanner was finished being sprayed, they hosed him off with water, as well as the area he was sprayed at, as he was coughing up blood. Tanner was returned to the kennel indoors. On 9/6/2018 at approximately 1030 hours, Tanner was euthanized by staff. Officer Smith made contact with Kacie Kronsbein at Avenues Pet Clinic, as Tanner was housed there from 8/12/2018 until his release to Cheyenne Animal Control on 8/31/2018. Officer Smith attempted to contact Tanner s owner, Misty Green, but was unable to locate her. Officer Smith interviewed Jay, Brueck, and Dr. Amanda Payne about the incident. See Officer Smith s report for further. Detective Actions: On 9/11/2018, I was assigned this case by Sgt. Solberg. REPORTING OFFICER REVIEWED BY L. Michael P66 September 26, 2018 J. Hickerson P213 September 26, 2018 Page 1 of 18
Cheyenne Police Department Report of Investigation 415 West 18 th Street Cheyenne, WY 82001 Case # 2018-62788 Summary of Phone Interview with Janette Jay Klapel: On 9/11/2018 at approximately 1335 hours, I contacted Janette Jay Klapel by phone with follow up questions about the incident. I attempted to record the conversation, but the phone recording system was not working at the time. During the conversation, I asked Jay what the policy for euthanasia was at the animal shelter. She stated that there are meetings a couple times per week to discuss animals that employees felt may need to be euthanized. Jay stated that approximately one month prior to the incident, she stopped attending meetings because they were a waste of time. Jay said the decisions were based on the feelings of the staff. Jay stated she was removed from the email list about the animals that were being euthanized around the time she stopped attending the meetings, so she didn t know what was happening with them. Jay stated she was aware of a report about the incident that was submitted by an animal control officer who was not there for the bite incident, stating the officer was on his days off. She was told that Cox received three clean bites when the report stated that Cox was mauled. Jay said she did not see Cox s injuries but was told that Cox went to Stitches Urgent Care for treatment. Jay thought that Shimko may have taken pictures of the injury prior to Cox receiving treatment. Jay stated she heard about the pepper spray incident on 9/5/2018 from Amanda Payne, who went into Jay s area immediately after the incident. Jay stated another doctor, Dr. Tess, was in the vet clinic with her when Amanda came in. Tess and Amanda went to confront Fecht about the incident, and Jay talked to Kevin Brueck about it. She texted Animal Control Officer (ACO) Shimko while she was still speaking with Brueck, asking Shimko to meet her. Jay sent the text at 1149 hours, and Shimko responded that she was back at the animal shelter at 1201 hours. Jay and Shimko spoke about the incident in Shimko s vehicle. The only text interaction they had was to ask where Shimko was and when Shimko told Jay she was at the shelter. I asked Jay about the pictures she sent Officer Smith. Jay stated she took pictures with a cell phone of the patio while she was speaking with Brueck. Jay said the patio was used to walk dogs when they need to go to the restroom, so the patio is often covered in dog urine and is not often washed. She stated the picture of Tanner was taken approximately one-half hour after the incident. Jay never had interactions with Tanner prior to the incident. REPORTING OFFICER REVIEWED BY L. Michael P66 September 26, 2018 J. Hickerson P213 September 26, 2018 Page 2 of 18
Cheyenne Police Department Report of Investigation 415 West 18 th Street Cheyenne, WY 82001 Case # 2018-62788 I asked Jay about the policy for the use of pepper spray within the shelter. She stated there was not one, and that pepper spray should not be used within the shelter because the lack of ventilation posed a safety risk to the other animals and employees within the shelter if it were used. Jay knew of instances where quarantines after dog bites had ended early, and the animal was euthanized with the head being sent for testing. Jay explained that these instances were usually in the case of over-crowding in the shelter and the kennel was needed. Jay stated she began being unhappy with the direction the shelter was taking approximately six weeks to two months prior to the incident, when a previous shelter manager, Chelsea Fletcher, was let go. Jay felt that Fletcher was the backbone of the shelter. Jay stated that approximately two weeks prior to the incident, another person who played a major part in the shelter was also let go, and Brooke Byelich was hired from outside the shelter. Jay stated that she felt that the board stating she was disgruntled was because Fecht felt like Jay wasn t one of his sheep. Detective Actions: On 9/11/2018 at 1324 hours, I attempted to call Kaci Kronsbein. An answering service for the Avenues Pet Clinic answered, and I was told they did not have Kronsbein listed in the directory. The answering service stated they were all out to lunch and would be back later in the afternoon. I called again at approximately 1439 hours and left a message with a receptionist, requesting that Kronsbein call me back. When I did not hear from her, I attempted to contact her again on 9/12/2018 at approximately 0834 hours. I was advised that Kronsbein would not be back to work until Thursday, 9/13/2018. On 9/11/2018 at approximately 0851 hours, I attempted to contact Cassandra King. I was unable to leave a voicemail. Summary of Phone Interview with Kevin Brueck: On 9/12/2018 at approximately 0854 hours, I contacted Kevin Brueck via phone. I attempted to record the call, but the phone recording system was not working. I asked Brueck if he was working at the Animal Shelter when I called him. He stated he had provided his two weeks notice before the incident, and his last day was the Thursday after the incident, 9/6/2018. I asked him why he had provided his notice, and he stated he didn t like the way he was being treated, was concerned about the way the animals were being treated and didn t like the direction the shelter was going. He stated he had expressed complaints about the safety of the animals for some time, but nothing was ever changed. Brueck said he had been employed at the shelter for approximately seven months and had volunteered there for approximately two months prior to that. REPORTING OFFICER REVIEWED BY L. Michael P66 September 26, 2018 J. Hickerson P213 September 26, 2018 Page 3 of 18
Cheyenne Police Department Report of Investigation 415 West 18 th Street Cheyenne, WY 82001 Case # 2018-62788 Brueck said he had walked Tanner a couple of times but didn t have any other interactions with Tanner. Brueck never had any issues with Tanner being aggressive in the times that he was walking Tanner. Brueck knew Tanner showed some kennel reactivity when another dog would walk by his kennel. Brueck said that there were meetings to determine which animals would be euthanized. These were often based on available space, age of the animal, health, and behaviors. Staff in attendance at the meetings would vote on the animal and the determination would be made off the vote. Brueck heard employees talking about Tanner being scheduled for euthanasia because of Tanner biting Cox. I asked Brueck if he saw what happened between Cox and Tanner when she got bit. Brueck stated he did not see what happened, nor did he see Cox until the day after the bite. He stated he felt the bite could not have been too severe as she was walking without a limp the next day. He heard from other staff members that there were three puncture wounds from the bite, and Tanner did not bite, grab, and shake, or Cox s injuries would have been more severe. Brueck did not think that pictures were taken of the bite. I asked Brueck about the incident on 9/5/2018. He stated he and several others were sitting in the break room at the shelter. Fecht and Byelich walked by the door of the break room, and Fecht told those in the room not to have cell phones out to record things. Byelich told Fecht that those in the staff room didn t know what was about to happen. Brueck thought the exchange was strange. Brianna said something about testing an aversive on a dog. Brueck described this as usually being a squirt bottle or air horn to see how a dog would react. He stated they have never used pepper spray for this because all employees are aware that Animal Control uses pepper spray in the field, and the employees are aware of how effective it is. Tanner was then brought out of his kennel on a catch pole, and Fecht, Byelich, Cox, ACO Eric Smale, and ACO Ryan Johnson went outside with Tanner. I asked Brueck about the position of the window he was watching out of compared to the patio the incident took place on. Brueck stated he couldn t see the entire interaction because the patio was around the corner, but he saw some of it. Brueck stated Jaxon was brought out and used to agitate Tanner. I asked Brueck how he knew this, and Brueck stated he couldn t actually see what was happening between the two dogs. Brueck assumed what was happening because he overheard a conversation between Byelich and another employee about which dog to bring out. He also knew that Jaxon was known for agitating other dogs because of his behavior. Brueck then told me that Jaxon was brought back to his kennel, and Tanner was pepper sprayed. I asked if Brueck saw Tanner get pepper sprayed. Brueck stated he assumed Tanner had been sprayed REPORTING OFFICER REVIEWED BY L. Michael P66 September 26, 2018 J. Hickerson P213 September 26, 2018 Page 4 of 18
Cheyenne Police Department Report of Investigation 415 West 18 th Street Cheyenne, WY 82001 Case # 2018-62788 based on seeing ACO Smale with pepper spray in his hand walking toward the patio, and when Brueck next saw Tanner from around the corner, Tanner was being sprayed off with a hose and had pink mucus around his mouth. Tanner was taken back to his kennel. On the way back to his kennel, Tanner either threw up or sneezed pink mucus onto the floor just outside the break room door. Brueck described the mucus as being a large pool, approximately one foot across. Brueck overheard a conversation between Fecht and Byelich after the incident. Fecht handed Byelich the can of pepper spray that was used and told Byelich to place an order. Brueck saw on Byelich s computer that she was searching Amazon to find the same type of pepper spray. I asked Brueck what the policy was for carrying pepper spray. Brueck stated there was a weapons policy in place that states that weapons are not to be carried inside the animal shelter, or even left in an employee s car. Brueck overheard someone say that the idea was to possibly start carrying pepper spray within the shelter, so the incident was a training exercise. He heard that the training was to test the effectiveness and build employees confidence in the use of pepper spray. Brueck could not recall who he heard make the statements. Brueck went back to work after the incident and stated he felt confused and odd. Brueck stated that multiple staff members had been bitten recently as it is the nature of dealing with animals within the shelter, and pepper spray was never brought up after those bites. Brueck stated there was never a specific kennel that the animals were put in during a quarantine, but that when animals are put into quarantine after a bite, they are not taken out until the ten-day waiting period had passed unless they are to be euthanized. Brueck stated there was no reason for Tanner to be out of his kennel unless he was being euthanized. Brueck knew Tanner was not property of the shelter during the time of the incident as he overheard employees talking about it. Tanner was euthanized almost exactly 24 hours after the pepper spray incident. Brueck heard in passing that Tanner s owner went to the shelter to ID Tanner after he was euthanized. Brueck couldn t remember who he heard it from. Brueck spoke about the report that Animal Control wrote. Brueck had a redacted copy of the report, which he emailed to me for use until I received the full report. Brueck said the report was inaccurate because there was nothing in the report about Jaxon being brought out to agitate Tanner, and he said the report exaggerated the extent of Tanner biting Cox. Brueck also stated the report was written by an Animal Control Officer who was not there at the time of the incident and hadn t been there for several days. REPORTING OFFICER REVIEWED BY L. Michael P66 September 26, 2018 J. Hickerson P213 September 26, 2018 Page 5 of 18
Cheyenne Police Department Report of Investigation 415 West 18 th Street Cheyenne, WY 82001 Case # 2018-62788 Brueck stated the patio outside is never cleaned because the animals use it for the restroom. He stated employees have complained about it, but no one ever cleans it. Detective Actions: On 9/12/2018 at approximately 1029 hours, I left a voicemail for Marissa Cox, requesting she call me back. At approximately 1030 hours, I attempted to contact ACO Jennifer Shimko at the phone number listed for her in LERMS, but it was a wrong number. At approximately 1103 hours, I attempted another phone number listed for Shimko. It went to the Juvenile Services Center, where she worked previously. The receptionist was able to provide a cell phone number for Shimko. At approximately 1104 hours, I called the cell phone and left a voicemail requesting Shimko call me back. Summary of Phone Interview with Kaci Kronsbein: On 9/12/2018 at approximately 1122 hours, Kaci Kronsbein returned my calls. During our conversation, I requested that she clarify Tanner s behavior. She said she never saw any aggression from Tanner. Kronsbein stated she owns a pit bull, so she knows about their behavior. She stated Tanner showed no outward kennel aggression but stated that when he was in the front part of the center (because he had not been vaccinated), he started to show more energy as dogs passed, and he started to get mouthy. Kronsbein described mouthy as Tanner would put her arm in his mouth but would not exert any downward pressure on her arm. She stated this was a behavior that pit bulls commonly exhibit. She attributed it to being cooped up, and a behaviorist that worked at the clinic gave Tanner a rabies vaccine and he was moved to the back-kennel area, where he started doing better. Kronsbein stated Tanner would only bark if he needed to go outside. Kronsbein again reiterated that Tanner never showed any aggression toward anyone, stating that he was scared of the cat that was in the front room of the clinic. Kronsbein also talked about a time where she had Tanner out of his kennel, and she was doing paperwork. She worked with him, and he picked up commands relatively quickly. She felt he just needed some direction. When animal control picked Tanner up from the clinic, they had an aggressive dog in the back of the vehicle. The animal control officer (Kronsbein couldn t remember who it was) asked if Tanner would be able to ride in the cab of the vehicle. Kronsbein told the officer that Tanner would be fine in the cab. Kronsbein didn t know if the officer ultimately had Tanner ride in the cab or not but felt comfortable that Tanner would not cause any issues. REPORTING OFFICER REVIEWED BY L. Michael P66 September 26, 2018 J. Hickerson P213 September 26, 2018 Page 6 of 18
Cheyenne Police Department Report of Investigation 415 West 18 th Street Cheyenne, WY 82001 Case # 2018-62788 Summary of Interview with Jennifer Shimko: On 9/12/2018 at approximately 1143 hours, Jessica Shimko returned my phone call, and an interview was scheduled for later that afternoon at approximately 1400 hours. Shimko requested that we meet at Arby s, 3228 West College Drive. The interview was audio recorded and uploaded to Case Guard. Shimko stated she had been working for Animal Control for approximately three years. I asked her about what type of training she received for the job. She stated she would ride with a senior officer for some time and it was on the job training. I asked Shimko about pepper spray training, and she stated that was also received in the field when it was necessary. She stated she had been pepper sprayed but it was while she was working as a deputy for the Laramie County Sheriff s Department in the juvenile services department. I asked Shimko about the biting incident on 9/4/2018. She stated that ACO Eric Johnson initially got the call but was already involved in another, so she responded to the animal shelter. She knew that Cox got bit four times in the legs and saw that Jenn Stahl was at a door with a leash, holding a dog on the other side of the door. Shimko and Payne went around through another door, and Shimko was able to catch Tanner as Payne administered a sedative to Tanner. Shimko returned Tanner to a kennel. Shimko did not see Cox s injuries. Shimko stated that on 9/5/2018 at approximately 1030 hours, Fecht went to Animal Control and wanted Animal Control Officers to take Tanner outside using a catch pole. Fecht told them that they were going to demonstrate the use of pepper spray. When Johnson caught Tanner with the catch pole, Shimko described Tanner as nasty on the pole. Shimko led the way outside so Johnson could control Tanner while she opened doors for him. Shimko knew that Fecht, Johnson, Cox, and Byelich were outside for the incident. Shimko knew that Byelich brought out another dog but thought that the Byelich stayed on the other side of the door leading outside, away from Tanner. Shimko stated she didn t know why Byelich brought another dog out or what the dog did as she was focused on Tanner and Johnson. Shimko stated Fecht offered the pepper spray to Cox to allow her to spray Tanner, but Cox turned Fecht down. Smale then sprayed Tanner across the nose in one short burst, standing approximately 10-15 feet away from Tanner. Shimko stated Tanner immediately calmed down, and he was hosed off. As he was being walked back into the shelter, he threw up a pink mucus outside the break room door. REPORTING OFFICER REVIEWED BY L. Michael P66 September 26, 2018 J. Hickerson P213 September 26, 2018 Page 7 of 18
Cheyenne Police Department Report of Investigation 415 West 18 th Street Cheyenne, WY 82001 Case # 2018-62788 I asked Shimko if they ever used a dog that way. She stated she had not. She said that blow darts and other tranquilizers are used when necessary, but they do not practice on live animals. They are only used when necessary. Shimko stated she did not believe that anyone could see what was happening from the breakroom window. She described that the window was to the left of the door outside. To the right of the door was a wall that stuck out further than the wall that the window was on. The patio and freezer were to the right of the wall. Shimko stated that Tanner didn t just bite Cox once, that it was an attack. Shimko stated she wrote the bite report on 9/5/2018. I requested a copy of the report. Summary of Phone Interview with Dr. Amanda Payne: On 9/13/2018 at approximately 1117 hours, I contacted Amanda Payne via phone. I attempted to record the conversation after the phone system was attempted to be fixed on 9/12/2018, but it did not record. I asked Payne about the incident where Cox was bit by Tanner. Payne stated she was in the surgery room at the time but heard the incident over the radio. Payne heard Cox call over the radio that no one should enter stray hall where there is a line of kennels where dogs are kept. Cox said that a dog was attacking, then Payne heard Cox scream. Payne finished up with the surgery and the patrons that were there and went to stray hall. When she got there, she saw Jenn Stahl with a leash and her feet against the door to stray hall. She saw Tanner on the other side of the door with the leash wrapped around his neck and under his armpit. Payne stated Tanner was panting heavily and leaning against the door, squirming, trying to get away. Payne asked those around Stahl if Tanner was shelter property. She was informed that he was, so she went to get a sedative for the vet clinic. She stated the sedative is a combination of Butorphanol, Dexmedetomidine, and Acepromazine, and she drew up a dose based on Tanner s weight of approximately 70-75 pounds. Payne went back to the area where Tanner was being held and ran into ACO Shimko, who had a catch pole. They went around to stray hall through a different door, and Shimko caught Tanner with the catch pole. At that point Payne administered the sedative, and Tanner was taken to a kennel. Payne stated she went to check on Cox, who had gone into the nursery area to have a door between her and Tanner. Payne stated that Cox had barely stopped crying, and Payne asked what happened. Cox stated she got Tanner out of the kennel for a walk, and Tanner started kennel fighting with another dog. When Cox tugged on the leash to get Tanner away from the kennel, Tanner turned on her and bit her multiple times in the calves and thighs. Cox was moving backward trying to get away, REPORTING OFFICER REVIEWED BY L. Michael P66 September 26, 2018 J. Hickerson P213 September 26, 2018 Page 8 of 18
Cheyenne Police Department Report of Investigation 415 West 18 th Street Cheyenne, WY 82001 Case # 2018-62788 and Tanner pushed her over a bucket that holds blankets for the kennels and fell on the ground. She got her knee up between her and Tanner and was crab walking backward to get away from Tanner. Cox told Payne that Tanner was lunging for her face and neck before Cox was able to get into the nursery and shut the door. Cox told Payne that Tanner kept charging the door to try to get to Cox. Payne stated that Cox was terrified after the incident. Payne observed puncture wounds on Cox s legs and stated the injuries were already showing bruising less than ten minutes after the incident. Payne stated she asked again if Tanner was shelter property, stating that euthanasia was a possibility immediately after the attack. She stated that employees checked the file. She was told that Tanner s owner came in on Sunday, 9/2/2018, to identify Tanner and asked for Tanner s collar. Payne was unable to tell me who spoke to Tanner s owner. She stated that shelter policy is that strays are placed on a three day hold before they become shelter property, and owner surrenders were placed on a five day hold while Animal Control attempted to contact the owner. Payne looked in their system while we were on the phone to pull up Tanner s file. She stated that Tanner technically became shelter property on 9/3/2018, but they were doing the extra hold because of the hearsay about the owner. I requested that Payne send me an email of the copy of the records (Attachment 2). I asked Payne about the incident on 9/5/2018. Payne stated she was carrying a litter of baby bunnies when she saw multiple people gathered in and around the break room. Payne stopped to see what was going on and walked to the window. Payne stated she could see Fecht and Cox around the corner by the freezer. She stated she saw a few people sitting in chairs outside, and thought one of them might be Brueck, but wasn t sure. Payne also saw the Animal Control Officers outside. I asked what she could see of Tanner, and Payne stated she could see the tip of his nose around the corner. She saw Byelich walk Jaxon outside, to the left of the door, while Tanner was to the right. She stated Jaxon acted excited to see Tanner, but they were approximately 20 yards apart. Payne stated she saw Tanner being hosed off, and when he was walked back in, he threw up mucus outside the break room. Payne stated that it was absolutely mucus and was discolored because of the pepper spray. She stated it was not blood. Payne did not know what brand of pepper spray Animal Control used. Payne stated she went to speak to Fecht about the incident after it occurred. She said that the only people the incident was intended for was for Fecht and Cox to make Cox feel safer and for her to REPORTING OFFICER REVIEWED BY L. Michael P66 September 26, 2018 J. Hickerson P213 September 26, 2018 Page 9 of 18
Cheyenne Police Department Report of Investigation 415 West 18 th Street Cheyenne, WY 82001 Case # 2018-62788 understand the use of pepper spray. She was told that because of Cox s age, it was determined that she needed to see it to believe it. Payne stated she felt that the bite was more than just a couple of bites, it was a severe attack, and also described it as life-threatening. Payne stated she felt that the incident was being blown out of proportion in the media. She stated that she didn t necessarily agree with the incident, but she felt that it was only handled incorrectly. She felt that Fecht moved too quickly when he was making the decision about how to do the training, and if he had consulted with other employees, it would have been done differently. She also felt that it was done with the staff s best interests in mind. I asked Payne about the decision to euthanize Tanner. Payne stated they talked about it immediately after the bite incident. Payne was off work the next day and did not attend the meeting where the euthanasia is normally discussed. Payne stated there was no email about the decision for Tanner being euthanized. Detective Actions: On 9/14/2018 at approximately 0910 hours, I left a voicemail for Animal Control Officer Ryan Johnson to call me. me. On 9/14/2018 at approximately 0912 hours, I left a voicemail for Marissa Cox requesting she call Summary of Phone Interview with Marissa Cox: On 9/12/2018 at approximately 0943 hours, Marissa Cox returned my phone call. I requested that she come to the police department for an interview, but she stated she was out of town. Cox stated she had worked for the animal shelter for approximately two years, and her current role was as volunteer and foster coordinator. I asked Cox what happened on 9/4/2018. She stated she had walked three to four dogs in the kennel and took Tanner out of his kennel to take him on a walk. She used a soft leash for him, and Tanner was happy when she got him out of the kennel. She was walking Tanner out of the kennel area when Tanner began fence fighting with another dog. Cox pulled on his leash and got him away from the kennel. She walked Tanner through another door, and Tanner kept lunging, trying to get back through the door to the other dog. When Cox pulled on the leash to get Tanner away from the door, Tanner turned on her. She stated he bit her twice in the left leg, and three times on her upper right leg. Cox tried to back away from him, and he pushed her over into a bin that held supplies for the shelter. She REPORTING OFFICER REVIEWED BY L. Michael P66 September 26, 2018 J. Hickerson P213 September 26, 2018 Page 10 of 18
Cheyenne Police Department Report of Investigation 415 West 18 th Street Cheyenne, WY 82001 Case # 2018-62788 was able to back away from him into the nursery and shut the door between them. Tanner charged the door trying to get to her. Cox was able to use her radio to call for help. When others got to where Tanner was, Cox saw them using a pair of tongs to get Tanner s leash, so they didn t have to put their hands near him. They were able to pull him against the door until animal control arrived. Cox said that Brooke Byelich came to check on her, but she didn t have conversations with any other staff. Cox knew that there was talk of euthanizing Tanner immediately, but because Tanner was not shelter property at the time, it was scheduled for a later date. Cox left the shelter to go to Stitches Urgent Care for treatment. Cox did not talk to Fecht immediately after the incident, but he called her later that evening to check on her. Cox described that during the attack, she was afraid for her life. She felt Tanner was not going to stop until he killed her. Cox took pictures of her injuries (Attachment 3) and emailed me a copy of the pictures. Cox told me that now that she is looking back, it was not as severe of an attack as she felt it was while it was happening. Cox stated that on 9/5/2018, there was a standing meeting that most supervisors attended. Cox mentioned that Fecht was not at the meeting but walked in toward the end. He asked for Cox to stay, and Byelich and Brianna stayed as well. The group spoke about not wanting an incident such as this to happen again, to make sure that employees are safe. Fecht mentioned that they were going to use pepper spray to make sure it worked on a specific dog, Tanner. Fecht went to Animal Control, and officers took Tanner out to the patio on a catch pole. She stated that Byelich returned to the kennels to get another dog to rile Tanner up, but Tanner was already agitated from the use of the catch pole, so Byelich kept the other dog on the smoker pad approximately 20 feet away from Tanner. Cox stated she was asked if she wanted to pepper spray Tanner, and she refused, saying that she would feel she would be doing it out of retribution. ACO Smale sprayed Tanner across the nose for one second, so Cox could see how the pepper spray worked. Cox then went to get a hose to clean the pepper spray off of Tanner. Cox stated she felt she needed to see the pepper spray work before she could be sure about its effectiveness if she had been carrying it. Cox stated that the animal shelter has ordered pepper spray for staff to carry, but they will not start carrying it until a policy is in place and employees are trained. REPORTING OFFICER REVIEWED BY L. Michael P66 September 26, 2018 J. Hickerson P213 September 26, 2018 Page 11 of 18
Cheyenne Police Department Report of Investigation 415 West 18 th Street Cheyenne, WY 82001 Case # 2018-62788 Summary of Interview with Ryan Johnson: On 9/12/2018 at approximately 1038 hours, Ryan Johnson returned my call and an interview was scheduled for 1115 hours at the police department. The interview was audio and video recorded and uploaded into Case Guard. Johnson stated he worked as an Animal Control Officer for Laramie County for approximately two years. Johnson stated he had been pepper sprayed at a previous job, so he knew what pepper spray felt like. Johnson stated he was not involved in the incident that occurred on 9/4/2018. Johnson stated that based on what he knew about the incident, he felt it was an offensive attack. Johnson stated that on 9/5/2018 between approximately 1015 and 1030 hours, he was called to the Animal Control Office by Fecht. Fecht told them that he wanted to conduct a discovery because he was worried about shelter employees safety. I asked Johnson what he meant by discovery. Johnson stated it was the best word he could use to describe the incident, since he didn t feel like it was an experiment, but the incident was to find out if pepper spray worked on a particular animal, Tanner. Fecht wanted Animal Control to take Tanner outside on a catch pole. Johnson stated that Fecht was clear that it was not punishment, and the minimum amount of spray necessary for a reaction would be used. Tanner was brought to the back side of the shelter by Johnson, with ACO Shimko opening doors for him. Johnson stated that those in the break room would not have been able to see him or Tanner because of a wall. He thought they may have been able to see Fecht and Cox during the incident but felt there was no way they could see him, Tanner, or ACO Smale. Johnson drew a picture to show the positions of people. Johnson signed and dated the picture and it was attached to this report (Attachment 5). Johnson stated that he was behind the freezer holding Tanner on the catch pole, because Johnson did not want to be pepper sprayed. Smale stood approximately 15 feet away from Tanner. Tanner had his head up, so the pepper spray hit him in the nose and mouth and down his chest. Johnson stated the dog instantly calmed down, and they observed him for 15-20 seconds. A hose was used to clean the pepper spray off. The hose was approximately three to six inches away from his face, and Tanner allowed them to be close to do this with no reaction. Johnson said that on the way back to Tanner s kennel, Tanner regurgitated snot that was reddish-pink. Johnson stated the pepper spray that animal control uses has a red tinge to it from a dye that is used. I asked to see the pepper spray they used. The pepper spray brand that was used is REPORTING OFFICER REVIEWED BY L. Michael P66 September 26, 2018 J. Hickerson P213 September 26, 2018 Page 12 of 18
Cheyenne Police Department Report of Investigation 415 West 18 th Street Cheyenne, WY 82001 Case # 2018-62788 Sabre Red. Johnson has used his pepper spray approximately five to ten times in the field and had not seen an animal throw up after the pepper spray. He also clarified that usually when he sprays an animal, the animal runs off, so he has to look for the animal or deal with the owner, so he wouldn t necessarily know if the animal regurgitated the same mucus as Tanner. Johnson said a committee had been formed to develop a policy for dealing with animals that attack. He stated that pepper spray is an option, but they are looking at other options that can be used for employee safety. Johnson stated there were a lot of people that were involved in the committee. Johnson said he felt there was no intent to harm the animal. He also stated that if he felt it were abusive, he would not have taken part in it. Johnson looked through the statute that they often use to charge for animal abuse, and specifically identified that he felt there was no intent to abuse or harm the animal as is required for the statute. Johnson also provided the copy of the bite report that I originally requested from Shimko on 9/13/2018 (Attachment 6). Detective Actions: I contacted Sabre Red, the company that makes the pepper spray that Animal Control uses. I spoke with a customer service representative at the company, who stated they leave the natural color of the pepper in the pepper spray, so it would show an orangish-red tint when used. This is left to show where the spray has already been used, and also to allow officers to know where not to touch to avoid transfer of the pepper spray to the officer. The color can be washed off when the person is treated for the exposure. On 9/17/2018 at approximately 0919 hours, I attempted to contact Brooke Byelich. I left a voicemail requesting she contact me. On 9/18/2018 at approximately 0938, I contacted Brooke Byelich via phone. Byelich stated she would be out of town until late Wednesday, 9/19/2018. An appointment with Byelich was scheduled for 9/20/2018 at the Animal Shelter for 1030 hours, and later rescheduled for 1300 hours. At approximately 1036 hours on 9/20/2018, I received a voice message from Byelich stating that her flight was delayed, and she had to leave town immediately for a different event. It was determined that a phone interview would be conducted as she would not be back until 9/23/2018. Summary of Phone Interview with Brooke Byelich: On 9/20/2018 at approximately 0126 hours, I contacted Byelich to conduct a phone interview. The interview was audio recorded and uploaded to Case Guard. It should be noted that Byelich was in REPORTING OFFICER REVIEWED BY L. Michael P66 September 26, 2018 J. Hickerson P213 September 26, 2018 Page 13 of 18
Cheyenne Police Department Report of Investigation 415 West 18 th Street Cheyenne, WY 82001 Case # 2018-62788 and out of cell phone service, so she had to call back two times during the interview. The recording was stopped and started each time. I asked Byelich what she knew about the incident on 9/4/2018. Byelich stated she was in the vet clinic and heard a panicked scream on the radio. She could not tell who screamed or where it was coming from. Byelich ran outside in an attempt to find the person in trouble. She heard someone say, Please help; he won t stop. Byelich was able to figure out that it was Cox who was in trouble, so she asked on the radio where Cox was. Cox was able to say she was in the nursery, and then Byelich wasn t able to contact her for further. Byelich went to stray hall where the nursery was located, and she saw Tanner jumping on the nursery door. Byelich and others grabbed a catch pole but weren t able to control Tanner with it. She then grabbed tongs which were used to grab Tanner s leash, and he was pulled up against the door. Byelich got to Cox in the nursery and observed that Cox was in shock. Cox showed Byelich her injuries, and Byelich told Cox that it could have been worse. Byelich said Cox was wearing jeans that day, which were a little bit tore up. Byelich observed that the injuries on Cox s lower legs were superficial, and her upper legs had broken skin and what looked like teeth drags. Cox was bleeding a little. Byelich said protocol stated that if a dog bites someone and draws blood, there is a ten-day observation hold. If it is determined that the dog will be euthanized during that period, the head of the dog is sent to University of Wyoming for testing. Byelich said that they waited to euthanize Tanner until they knew that Tanner was animal shelter property. Byelich stated that she thought Tanner was not their property at the time of the bite. I asked Byelich what happened on Wednesday, 9/5/2018. Byelich stated they have a weekly management meeting which upper management, Chloe Illoway, and Fecht normally attend. Byelich didn t remember discussing the bite incident during the meeting. She stated that after the meeting, Fecht asked her, Chloe, Cox, and Bree to stay. During this time, Fecht told them he felt that it was necessary to find a way for employees to protect themselves. Someone brought up the possibility of carrying pepper spray. Fecht told the group they weren t going to like this, and said he wanted to use pepper spray on Tanner to see if it altered his behavior. Byelich said that no one disputed the idea. She felt that it was a rushed situation while it was happening, and no one stopped to think about it. Fecht then spoke to Animal Control Officers about taking Tanner outside. Byelich remembered asking Fecht if he wanted her there, and he told her yes. Byelich and Fecht went to make sure the hallway out to the patio was clear because they were bringing a dog out on a catch pole. Byelich heard Fecht tell the employees in the break room that they shouldn t have cell REPORTING OFFICER REVIEWED BY L. Michael P66 September 26, 2018 J. Hickerson P213 September 26, 2018 Page 14 of 18
Cheyenne Police Department Report of Investigation 415 West 18 th Street Cheyenne, WY 82001 Case # 2018-62788 phones out recording, and Byelich told Fecht that she hadn t told anyone what was going on, so they wouldn t know what to record. She remembered saying something about testing an aversive on a dog but doesn t remember the specifics. Byelich said that she, Cox, Fecht, and three animal control officers were on the patio. ACO Johnson brought Tanner out on the catch pole. Byelich observed that Tanner was not reactive on the catch pole, and she didn t feel comfortable testing pepper spray on a dog that was not reactive. She went to get a second dog, and by the time she got outside, Tanner was reacting on the catch pole and was lunging at the people around him. Because Tanner was reactive, Byelich took the other dog away from Tanner so they weren t anywhere near each other. Within about a minute of getting outside, Byelich said that Tanner was pepper sprayed with a one second burst across his nose. Byelich took the second dog inside and did not see Tanner s reaction to the pepper spray. When she came back from putting the other dog away, she saw the pink mucus on the floor in the hallway. Byelich stated that she was the one who euthanized Tanner after he had been sedated. Byelich said that after an incident similar to what happened between Cox and Tanner, a dog would normally be euthanized because the dog couldn t be adopted out. She stated nothing abnormal occurred during the euthanasia. Byelich stated she knew that Fecht was pushing for euthanasia and asked her about whether it was done yet. Byelich was unsure of when it was decided that Tanner would be euthanized. She said that the decisions for euthanasia were usually discussed in a group, but recently that had changed. Byelich said she studied animal behaviors, and because of this, she would determine which animals might need euthanasia, and would discuss it with one of the veterinarians to make the decision. I asked Byelich how she felt about the incident. She stated that after thinking about it for some time, she didn t feel right about it. Byelich described the working environment as being weird and also stated that what Bob (Fecht) says goes. She said she is new to her position and was initially hesitant to apply because several people had been fired recently. She stated she wished [she] would have said something when they were discussing what was going to happen. Byelich also said she discussed the incident with employees of other animal shelters and asked how they would handle the bite incident. She was told that other shelters use citronella or other aversives to help protect their employees, but they don t use pepper spray. Byelich knew that when she got back, there was a possibility that there would be a policy for using pepper spray within the shelter, but she wanted to say something against it. REPORTING OFFICER REVIEWED BY L. Michael P66 September 26, 2018 J. Hickerson P213 September 26, 2018 Page 15 of 18
Cheyenne Police Department Report of Investigation 415 West 18 th Street Cheyenne, WY 82001 Case # 2018-62788 Detective Actions: On 9/21/2018 at approximately 0916 hours, I left a voicemail for Fecht requesting a time for an interview. On 9/21/2018 at approximately 0942 hours, I attempted to contact ACO Smale, and left a voicemail requesting he call me back. On 9/21/2018 at approximately 1106 hours, Fecht returned my call. He stated he could not meet me today but would call back on Monday to schedule an appointment. Summary of Phone Interview with ACO Eric Smale: On 9/21/2018 at approximately 1300 hours, I contacted Eric Smale via phone as he was out of town and would not be returning to work until 9/23/2018. The interview was audio recorded and uploaded to Case Guard. I asked Smale what he knew about the bite incident. He stated he and ACO Travis Talton were in the field taking a bite report when he received a phone call about the incident at the shelter. Because he was working on a bite report at the time, he contacted ACO Shimko and requested that she respond to the animal shelter to assist. Smale returned to the shelter after the incident had been dealt with, and Cox had already left the shelter to seek medical attention. I asked Smale about what happened the next day. He stated he was walking to the cashier as he had taken a $100.00 deposit from someone who was using traps, and he needed to turn in the money. Fecht walked by and asked Smale to meet him at the animal control office once he was done. Smale stated he walked into the office near the end of the conversation that Fecht was having with other officers. Smale was made aware that Fecht wanted to conduct a training to show how pepper spray could be used on an aggressive dog. Smale stated that some time passed after the conversation had finished. He took the information for a call for service, and when he walked out of the office, ACO s Johnson and Shimko had Tanner on the catch pole out in the area by the crematorium. Smale observed that ACO s Shimko and Johnson, along with Fecht, Cox, and Byelich were out on the patio. Smale saw that Tanner was aggressive and was reacting to the catch pole. He stated that Fecht initially offered the pepper spray to Cox, but it was determined that Smale would pepper spray Tanner due to Cox s inexperience with the pepper spray. Smale stated he stood approximately fifteen feet away and sprayed an approximately one second burst across Tanner s nose and chin. Tanner immediately reacted to the pepper spray and laid down. Smale grabbed the hose that was nearby and washed the pepper spray off Tanner. Tanner was observed for a few minutes and returned to his kennel. REPORTING OFFICER REVIEWED BY L. Michael P66 September 26, 2018 J. Hickerson P213 September 26, 2018 Page 16 of 18
Cheyenne Police Department Report of Investigation 415 West 18 th Street Cheyenne, WY 82001 Case # 2018-62788 I asked Smale if Tanner was bleeding at any point. Smale stated he was, but Tanner was fighting the catch pole and probably bit his cheek. Smale stated this is common for animals on the catch pole. Smale did not recall another dog being outside with Tanner. Smale stated he felt the training was necessary to show how pepper spray will affect an aggressive dog and to determine if the animal shelter staff were going to carry it. Smale cited that he worked as a law enforcement officer in California prior to becoming an animal control officer, and anytime he received a new tool, it was always tested so officers knew how it felt and what affects it would have. I asked if Smale had ever used a new tool on a live animal. He stated he had not except for a certain leash that is used to catch a dog that is running away. Smale stated that the pepper spray is generally harmless to dogs and felt that the incident was not painful to Tanner, nor was it in redemption for the bite incident. Smale felt that Tanner was chosen because of his aggression. Detective Actions: On 9/21/2018 at approximately 1351 hours, I received a voicemail from Attorney Mark Hardee informing me that Robert Fecht had retained him in reference to this case. He stated he would be speaking with Fecht about the incident and would speak with me by Tuesday of next week, 9/25/2018, to inform me of whether Fecht was willing to have an interview conducted. On 9/24/2018 at approximately 1505 hours, I contacted Attorney Hardee, who stated he would be meeting with Fecht on 9/25/2018 and would be contacting me about the possibility of an interview with Fecht. Phone Interview with Eric Smale: On 9/25/2018 at approximately 1519 hours, I contacted Eric Smale with follow up questions. I asked Smale how it came about that he was the one who pepper sprayed Tanner. Smale stated he initially started to hand his pepper spray to Marissa, but she refused. Smale felt it was based on inexperience and that Marissa didn t feel comfortable with the pepper spray. Smale stated that Fecht nodded toward him and told him to spray Tanner. Smale could not remember the exact conversation, so couldn t quote what was said. Smale said there was no discussion prior to the incident about who would pepper spray Tanner. Smale reiterated that Fecht told him that it was not in retribution for the bite incident. I asked what effects the pepper spray had on the dog. Smale said that prior to being sprayed, Tanner was jumping up on his hind legs and biting at the catch pole. Smale said that immediately after REPORTING OFFICER REVIEWED BY L. Michael P66 September 26, 2018 J. Hickerson P213 September 26, 2018 Page 17 of 18
Cheyenne Police Department Report of Investigation 415 West 18 th Street Cheyenne, WY 82001 Case # 2018-62788 being sprayed, Tanner stood on all fours and stopped jumping. He began licking his lips and nose because of the pepper spray. Smale said Tanner s eyes did not water because he didn t get any pepper spray in his eyes. Tanner regurgitated the mucus after the incident. Detective Actions: On 9/25/2018 at approximately 1758 hours, I received a voicemail from Attorney Mark Hardee advising me that Fecht would not be coming in for an interview. The voicemail was uploaded to Case Guard. Disposition: Multiple people agree that Tanner was pepper sprayed in the face while he was not actively at approximately attacking a human. Pepper spray is often used as a defense mechanism against an attacking animal. It was clear that Tanner was not attacking someone when he was pepper sprayed, and Tanner suffered the effects of the pepper spray. The discoloration in the mucus that Tanner threw up could have been caused by the natural pepper color that was left in the pepper spray by the manufacturer. It is believed that Wyoming State Statute 6-3-203 (a): Cruelty to animals, was violated by Animal Control Officer Eric Smale, Animal Control Officer Ryan Johnson, and Robert Fecht for pepper spraying Tanner. Probable cause affidavits were sent over to the District Attorney s Office. Attachments: Attachment 1: Animal Control Incident Report. Attachment 2: PetPoint Records for Tanner. Attachment 3: Pictures of injuries provided by Marissa Cox. Attachment 4: Email from Amanda Payne. Attachment 5: Drawing of Layout of Animal Shelter drawn by ACO Johnson. Attachment 6: Bite Report. REPORTING OFFICER REVIEWED BY L. Michael P66 September 26, 2018 J. Hickerson P213 September 26, 2018 Page 18 of 18