The hearing in the case of Lonny Smith and his service dog Mary Jane took another turn over the week.
Smith was arrested and his dog taken into custody on May 21 after Smith was accused to Disorderly Conduct on a street in Corvallis. During his interaction with the Corvallis Police, Mary Jane – a 15-year-old Pit Bull that has been with Smith since she was a puppy – was tased then labeled a dangerous animal. Smith says that the dog was tased prior to biting an officer. The CPD claimed that she bit an officer causing them to use a taser.
Judge Larry J. Blake Jr. presided over the May 26 hearing.
In a phone call with The Advocate, the city claimed that Smith had been warned on two separate occasions that Mary Jane was considered “potentially dangerous” which, given the current incident, would result in her being deemed dangerous. At the hearing, only one other incident was mentioned – having happened on June 24, 2020.
The court relied on testimony from the officers involved, three witnesses, and a videotape of the May 21, 2022 incident. Smith testified on his own behalf, as well as providing four witnesses supporting his version of events.
CPD Officer Crawford testified that Mary Jane should be considered dangerous “based on reasonable investigation” and based on a “written report regarding the dog” that was later testified to by a witness. The police maintained that the dog bit officers prior to being tased, and that Smith had been issued a notice concerning Mary Jane in 2020.
However, the 2020 notice couldn’t be reliably found to have been filed at the city. According to the court record, “the City did not produce the person who personally handed the documents [concerning that issue] to the defendant and the defendant denied receiving the 2020 notice.”
Judge Blake found that the city failed to prove Smith had been given lawful notice in 2020, and that the only testimony was “hearsay testimony regarding third-party testifying to what that police officer was told regarding service of the Notice.”
A friend of Smith’s who also has a support animal, Danielle Hilliard, said, “They played the footage – the bodycam footage – from when they arrested Lonny.” During a second replay of the footage, she claims that she said, “This is so messed up,” at which point the judge said she was in contempt of court, telling Hilliard she couldn’t say another word and had to leave immediately. “As I was walking out, I said ‘This is bullshit’ and the judge screamed ‘Get her!’” Hilliard says.
At that time, Hilliard says that four officers tried to rip her dog leash out of her hand as they “rushed her” and threw into a police car. She says that she has “a torn shoulder” and several bruises from her interaction with the police. Hilliard also believes that CPD have been watching her since the hearing.
In the end, Smith has been tasked with getting $300,000 in liability insurance, creating a suitable enclosure for Mary Jane, and making sure she wears a muzzle when outside of their home. If he cannot meet these requirements by 2:00 p.m., June 16, then Mary Jane will be euthanized.
Here is our May 24 story on this matter:
On Saturday, May 21, there was an incident at the Safeway on 3rd St. in which an emotional support dog was first tased then taken away by Animal Control. The story made its way onto Facebook, as these things tend to do, so we decided to attempt to put together all of the pieces.
It began just before 2:30 p.m. at SW 9th St and SW Washington Way, on a residential street between Lonny Smith’s home and the Safeway where Smith works. He was skateboarding to the store to talk to his manager. Since it was his day off, Smith brought along Mary Jane, his 15-year-old pit bull support dog. Smith has had Mary Jane since she was a puppy, and she’s seen him through the death of his wife 13 years ago, the raising of his kids as a single father, and a time when Smith was houseless.
Smith acknowledges that he was riding his skateboard on the street, and said that a driver nearly hit him.
According to the police report, Smith was “yelling at his dog and hitting cars with a skateboard” when a driver called 911. The responding officers saw Smith and Mary Jane enter the Safeway, and found them inside the manager’s office.
Smith said he was unaware that the police were there to talk with him, so he excused himself and began to leave the office. That was when the officers came up to him.
Safeway Deli Manager, Brandi Campbell, said that, as the officers approached him and the dog, Smith warned the officers that Mary Jane was uncomfortable around police due to past incidents in which she was tased and/or taken to an animal shelter. Campbell said that Smith asked the officers to “move back” several times as Mary Jane became more distressed.
Campbell and Smith agree that the officers pulled Smith’s arms behind him, and Smith ended up on the floor – by force according to Smith and Campbell, by resisting arrest according to the police. However it was that Smith ended up on the floor, he was still holding the dog leash as he fell, and Mary Jane was caught between his legs. She then began to bark and bit one officer on the arm – breaking the skin.
An officer then tased Mary Jane to get her to let go of the other officer’s arm. She bit the second officer on the hand before Campbell was able to get her away from the commotion and into the manager’s office.
Smith was taken to jail where he was given a court date, paid a fine, and was released. Mary Jane went to Heartland Humane Society where she will likely be put down.
According to Corvallis Police Lt. Gabe Sapp, there have been two other issues in which Mary Jane was labeled “potentially dangerous” – which we are looking into. This most recent incident, according to Sapp, has caused the city to now consider the dog “dangerous” and unless a judge rules otherwise, Mary Jane will euthanized.
If a judge rules in favor of the dog, then according to Municipal Code 5.03.050.060.01-.03, whoever owns her must hold $300,000 worth of liability insurance on the dog, provide a “suitable structure or enclosure approved by the Animal Control Officer,” and muzzle the dog when she goes out of the home.
By Sally K Lehman
Do you have a story for The Advocate? Email editor@corvallisadvocate.com