By MAIRE O’NEILLLos Alamos County has reached a settlement agreement with Leslie Sherman in connection with an incident in March 2017 where a small dog was killed by Sherman’s dogs at an Acoma Lane residence in White Rock.
A petition to adjudicate the two dogs as dangerous was filed in September 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 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.
Sept. 7, a stipulated dismissal of the Magistrate Court civil complaint was signed by both parties in the case. The same day, a request for a warrant was filed to seize the two dogs until the case was adjudicated in the District Court or until Sherman had 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 was resolved.
Leaphart’s petition asked the Court to inquire into the circumstances of the case and set the matter for hearing. It also asked the Court to declare the dogs dangerous and ordered Sherman to comply with all terms of the Dangerous Dog Act and grant any relief the Court deems fit.
Court records indicate inactivity in the case until Feb. 21 when the County filed a settlement animal control authority signed by County Manager Harry Burgess. Judge Raymond Z. Ortiz ordered the agreement info effect Feb. 22 declaring it to be in the best interest of justice.
The agreement provides for one of the dogs to be adopted outside Los Alamos County and to be forever separated from the other dog. The other dog will not be allowed to roam without adult supervision and remain confined in a proper enclosure that prevents it from escaping outdoors or in a fenced yard or locked pen, which prevents escape. When not confined, the dog will have to wear a head halter and a leash no longer than 15 feet. If it causes physical harm to any domestic animal or person, Sherman must notify Los Alamos Animal Control within 24 hours. Both parties are responsible for their own attorney fees.