January 31, 2023

A Judge Ordered MooMoo the Dog to Be Euthanized. Here's How We Saved Her Life.

This is the story of a dog named MooMoo who almost lost her life after a Kansas judge ordered her to be euthanized.
Luckily, MooMoo's owner contacted Barnett Law Office in time for us to file a successful appeal, and save their dog.

If your dog has been ordered euthanized in Kansas or Missouri, or if you believe your dog may be ordered to be euthanized, reach out to Barnett Law Office at 785-727-9789 immediately to discuss your legal options.

On July 3, 2022, MooMoo the dog—Moo, as she's known by those who love her—escaped the fence at her home in Ellsworth, Kansas. She walked down the street, where a neighbors' two dogs were out. The neighbors claimed, without any evidence, that there was an attack on their dogs. Moo's owner, Eric Buchholtz, was able to retrieve his dog, and check to make sure everyone was OK. He brought MooMoo home thinking that was the end of the story; his dog had an adventure, he collected her, the end.

Then the police showed up.

The neighbors filed a complaint, claiming MooMoo to be a vicious dog. The police officer's report from that visit does not support that claim. The neighbors' dogs appeared unharmed, and had not required any veterinary treatment. The neighbor declined an offer of seeing an EMT. The police were so unconcerned, in fact, that MooMoo was not even removed from the Buchholtz home. She remained peacefully with her family, until a municipal court appearance in late September. 

The Ellsworth City Code requires judges to consider four factors, when determining whether a dog is vicious under the law: The seriousness of the attack or bite; past history of attacks or bite; likelihood of attacks or bites in the future; and the condition and circumstances under which the animal is kept or confined. The judge is also allowed to consider "other factors, which may reasonably relate to the determination of whether or not the animal is vicious." Municipal courts are not courts of record, so while we don’t know what evidence was presented and considered, we do know that the judge’s ruling was that Moo had been proven to be “vicious” without walking through the four-prong test. In a further misapplication of the law, the judge asserted that any dog deemed vicious in Ellsworth must be euthanized. The City Code clearly grants judges the discretion to order euthanasia, but does not require it. 

The judge sentenced Moo to be put to death two weeks later, on October 12, 2022.

After the trial, Eric Buchholz walked his Moo, wearing a pretty pink harness, from their home to the city shelter—an entirely outdoor facility, run by the police department, where Moo would be confined to a small, chain-linked enclosure until she was euthanized or until the court order was overturned on appeal. When Eric got home again, he called us to see if we could save Moo's life. We immediately recognized the grave injustice and the urgent need to set things right. We quickly filed a motion for a de novo appeal—in which a different trial court judge would hear the case anew. The trial was scheduled for January 4, 2023. For months, Moo sat in a small outdoor run.  

In advance of a fierce winter storm, the prosecutor kindly agreed to our request for Moo to be released from the shelter, and stay with a relative outside of Ellsworth, until the conclusion of the new trial. She'd lost so much weight at the shelter, that her pink harness was now loose and large.

On January 4, 2023, Moo had her second trial, before a different judge. The prosecution, again, did not present any evidence about Moo biting or injuring any person or animal. They tried, instead, to argue that normal dog behavior she'd displayed while confined at the shelter, like barking at other dogs, could support a judgment of viciousness. We brought an expert witness, Shannon Wells, Director of the Lawrence Humane Society, who'd met and assessed MooMoo. Ms. Wells has a wealth of knowledge of dog behavior including a Master's degree in Veterinary Forensics and her CPDT-K—a certification for professional dog trainers. She testified that Moo solicited pets and attention; that "her behavior was consistent with other dogs in the shelter and not in excess of other animals considered adoptable." In other words, Moo behaved like so many other good dogs who live in homes.

Five days after the trial, Judge Steve Johnson issued his order. In it, he ruled that neither the facts nor the law warranted a finding that MooMoo was vicious. In response to the testimony that Moo had barked at other dogs while at the shelter, Judge Johnson wrote: "It is this court’s common experience that behavior is typical of non-vicious dogs as well as vicious ones." This was the court's way of saying that Moo acted like a regular dog, and should not be punished for such. The order to euthanize MooMoo was reversed. Moo could go home. 

That's where she is now. It is because of dogs like MooMoo that we became animal lawyers, and it's what drives our work every single day. Pets are family, and we believe in fighting to protect their rights, and their lives. 

Welcome home, MooMoo. You're right where you belong.

Is your pet involved in a legal dispute? Call Barnett Law Office at 785-727-9789 to discuss your case.