Defendant in 2009 Deschutes Pet Lodge dog death files suit
Published 12:00 am Tuesday, January 13, 2015
A Salem woman acquitted of animal abuse in connection with the 2010 death of a dog in Deschutes County has filed suit in U.S. District Court, alleging a Deschutes County Sheriff’s deputy, the Deschutes County District Attorney’s office and an Oregon State Police trooper mishandled the investigation and prosecution, and that the owners of the dog defamed her, court records show.
The complaint alleges neither the district attorney’s office nor law enforcement investigating the death had probable cause to prosecute Martie Davidson, who was found not guilty of one count of first-degree animal abuse and two counts of first-degree aggravated animal abuse by a jury in January 2013, according to the complaint.
The complaint states defendants John and Caren Burton left their dog, Zoe, at the Deschutes Pet Lodge, where Davidson was an employee, from July 24 to July 27.
Shortly thereafter, a veterinarian determined Zoe’s injuries, including several fractured ribs, appeared consistent with having been struck by a motor vehicle or another traumatic event, according to the complaint.
The complaint alleges Sheriff’s Deputy Jennifer Gaspard and OSP Trooper Chris Kaber conducted an “intense interrogation” to coerce Davidson into accepting blame for Zoe’s injuries. During a polygraph test administered by Kaber, Davidson said a kennel door may have bumped against Zoe and could have caused the injuries for which she was examined, according to the complaint.
According to the complaint, Kaber and Gaspard allegedly told then-District Attorney Mike Dugan that Davidson had confessed to injuring Zoe.
Kaber, who no longer works for OSP, said he could not comment on the suit on Monday.
Gaspard is now a corrections deputy with the sheriff’s office, according to Deschutes County Sheriff Larry Blanton.
Deschutes County Sheriff’s Office Counsel Darryl Nakahira said he could not comment on the suit, but noted that at the time of the investigation Gaspard was a patrol deputy.
As law enforcement conducted an investigation, the Burtons campaigned to press charges against someone at the Pet Lodge, according to the complaint, which states they published false defamatory statements about Davidson. The Burtons could not be reached for comment Monday.
Davidson was suspended without pay from her work at the lodge after she was arrested on suspicion of animal abuse, according to her attorney, Mikel Miller. Davidson is seeking no less than $250,000 in damages, according to the complaint.
Miller said Monday that more than 20 years of experience as an attorney in the county and conversations with other local attorneys also led him to claim in the lawsuit that the district attorney’s office had routinely prosecuted people for crimes “of a more serious nature than was supported by the evidence to force individuals to forgo their right to a trial by jury and accept a plea deal.”
Deschutes County Counsel John Laherty said Monday he could not comment on the suit or allegations.
Deputy District Attorney Brandi Shroyer was the prosecutor assigned to the case, according to the Oregon Judicial Information Network.
Dugan said he could not remember the specific case but denied Davidson’s claim against the district attorney’s office.
“During the 24 years I was district attorney, we never had a policy to intimidate, threaten or otherwise force people to do things they shouldn’t otherwise do,” Dugan said Monday. Former District Attorney Patrick Flaherty, who succeeded Dugan and served from January 2011 to December 2014, did not return a call for comment Monday.
The Burtons sued Davidson and the owner of the Deschutes Pet Lodge, Maria George, and Sabaka, LLC, a company affiliated with the Deschutes Pet Lodge, in June 2010, alleging negligence, fraud and misrepresentation, among other claims. The case was settled and dismissed in July 2013 without prejudice, meaning the plaintiff can file the lawsuit again , according to the Oregon Judicial Information Network.
— Reporter: 541-383-0376, cwithycombe@bendbulletin.com