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HomeMy WebLinkAboutCP-21-SA-0059-2006 COMMONWEAL TH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. TROY ALLEN BEAM CP-21-SA-0059-2006 IN RE: OPINION PURSUANT TO PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1925(a} Bayley, J., July 13, 2006:-- On May 30, 2006, defendant, Troy Allen Beam, was convicted of two summary offenses for failure to license a dog,1 and two summary offenses for failure to vaccinate a dog.2 He was fined $100 on each of the license violations, and $25 on each of the vaccination violations. Defendant filed a direct appeal from the judgments of sentence to the Superior Court of Pennsylvania. He filed a concise statement of matters complained of on appeal in which he avers that the Commonwealth failed to prove the elements of the offenses beyond a reasonable doubt, and that the verdicts are against the weight of the evidence. The evidence at trial in a light most favorable to the Commonwealth was as follows. On the morning of December 1, 2005, Carl Bixler went to 401 Shippensburg Road, Shippensburg, Cumberland County. He was on a service call to fix a copy machine. Defendant, Troy Allen Beam, let Bixler into the house where he repaired the 1 3 P.S. S 459-201 (a). 23 P.S. S 455.8(a). CP-21-SA-0059-2006 machine. Bixler then walked out a door to leave. Three German Shepherd dogs immediately ran up to him.3 One dog jumped on him. Another dog bit him on a leg. Defendant then came out of the house and immediately stopped the attacks. Bixler went to an emergency room where he was administered a tetanus shot. Subsequently, he was administered thirteen rabies shots over a period of a month. Donald Newman, a dog warden, went to 401 Shippensburg Road shortly after the incident. He saw a fence around the property. No one was home, so a letter was sent to defendant asking his cooperation in investigating the incident.4 Newman followed up with some phone calls to defendant which were not answered. After ten days, Carl Bixler was notified that there was no quarantine, and he was advised to undertake rabies shots. Newman determined that the Cumberland County Treasurer had not issued dog licenses for the German Shepherds. He then filed the four citations. Subsequent to a trial before a Magisterial District Judge, Newman went to 401 Shippensburg Road. Defendant showed him two license tags issued for the German Shepherds in 2006, which was after Carl Bixler had been attacked and bitten on December 1, 2005. Defendant showed Newman rabies certificates for the two German Shepherds. The Dog Law 3 P.S. Section 459-101 et seq., provides at Section 459-201 (a): 3 Canis familiaris. 4 See 3 P.S. S 459-502. -2- CP-21-SA-0059-2006 General rule.- . . . on or before January 1 of each year, . . . the owner of any dog, three months of age or older, except as hereinafter provided, shall apply to the county treasurer of his respective county or an agent under Section 200(a), on a form prescribed by the department for a license for such dog. The application and license certificate shall state the breed, sex, age, color and markings of such dog, the name, address and telephone number of the owner. . .. (Emphasis added.) Section 459-102 defines an "Owner" as: When applied to the proprietorship of a dog, includes every person having a right of property in such dog, and every person who keeps or harbors such dog or has it in his care, and every person who permits such dog to remain on or about any premises occupied by him. (Emphasis added.) Merriam Webster's Collegiate Dictionary (Tenth Edition), defines "proprietorship" to include "Owner b: one having an interest (as control or present use) less than absolute and exclusive right." Defendant maintains that the evidence was insufficient to prove beyond a reasonable doubt that he was the owner of the two German Shepherds. The evidence was, (1) Carl Bixler went to 401 Shippensburg Road on a service call where he was admitted into the home by defendant, (2) when he walked out a door he was immediately attacked by one German Shepherd and bitten by another, (3) defendant came out of the house and stopped the attacks, (4) the house had a fence around it, (5) defendant later produced tags for the dogs that were issued subsequent to the date Bixler was attacked and bitten, and (6) defendant produced vaccination tags for the dogs. This evidence constituted proof beyond a reasonable doubt that defendant was an "Owner" of the dogs in that, at a minimum, he kept the dogs in his care on or about -3- CP-21-SA-0059-2006 premises occupied by him. Accordingly, Section 459-201 (a) of the Dog Law required that he have them licensed. The Rabies Prevention and Control in Domestic Animals and Wildlife Act, 3 P.S. Section 455.1 et seq., provides at Section 455.8(a): Requirement.-Every person living in this Commonwealth, owning or keeping a dog or cat over three months of age, shall cause that dog or cat to be vaccinated against rabies. . . . . Donald Newman testified that defendant: did show proof to me that the German Shepherds in question did have proof of rabies certificates for those dogs. I got total cooperation at that time, but then it was already too late. The victim here had already went through the series of rabies shots when it wouldn't have been necessary. So under the Rabies Law Act, being that he could not produce rabies certificates, I cited him under the Rabies Law Violation and also license violations for both dogs. Upon reflection, it appears that Newman was testifying as to what occurred when defendant showed him proof of rabies certificates after the trial before the Magisterial District Judge, and then he referred to having cited him before the trial. He did not testify that the rabies certificates he was shown after the trial were not issued until after Bixler was bitten on December 1, 2005. By stating that it would not have been necessary for Bixler to have the rabies shots, we infer that the dogs were vaccinated against rabies before Bixler was attacked. Accordingly, the evidence was insufficient to support the convictions for violating Section 455.8(a) of the Rabies Prevention and Control in Domestic Animals and Wildlife Act. -4- CP-21-SA-0059-2006 (Date) Jaime Keating, Esquire Assistant District Attorney Troy Allen Beam, Pro se 401 Shippensburg Road Shippensburg, PA 17257 :sal Edgar B. Bayley, J. -5-