COURT News:

A petition to adjudicate two dogs belonging to Leslie Sherman of White Rock as dangerous has been filed in First Judicial Court by Los Alamos County Attorney Alvin Leaphart.

Sherman was charged in Los Alamos Magistrate Court in April with two counts of keeping an animal known to be vicious and likely to attack human beings. The charges were in connection with the Mar. 29 death of a small dog at an Acoma Lane home. At that time, Sherman’s dogs were seized and kept at the Los Alamos Animal Shelter.

In May, the criminal charges against Sherman were dismissed and a civil complaint was filed under the state Dangerous Dog Act. In late August, Leaphart was asked to review the Magistrate Court case and determined that Judge Pat Casados did not have subject matter jurisdiction in the case. At that time, Judge Casados said she had consulted the attorney for the Administrative Office of the Court and that he agreed she had jurisdiction.

On Sept. 7, a stipulated dismissal of the Magistrate Court civil complaint was signed by both parties in the case. The same day, Los Alamos Police Det. Joey Robinson filed a request for a warrant to seize the two dogs until the case is adjudicated in the District Court or until Sherman has fulfilled the requirements for a certificate of registration under the terms of the Dangerous Dog Act. The Court granted the request and ordered that the dogs remain at a licensed boarding facility in Espanola until the case is resolved.

Leaphart’s petition asks the Court to inquire into the circumstances of the case and set the matter for hearing. It also asks the Court to declare the dogs dangerous and order Sherman to comply with all terms of the Dangerous Dog Act and grant any relief the Court deems fit.

Sherman’s attorney Aaron Boland filed a response Sept. 27 asking the Court to deny Leaphart’s petition and release the dogs.