Bobbie Swain Page 1

Bobbie Swain Ms. Swain lives on 3 acres south of Woodside. She works with animals professionally, and has horses, goats, and dogs. Her property is abutted by property owned by Mark Moore, her cousin. Other relatives are also nearby. Mr. Moore and Ms. Swain got along fine until 2004, when Mr. Moore became an animal control officer for the City of Dover. It has become a family feud. Ms. Swain believes that he is using his professional relationship with the DEACC officers to harass her. In the past 7 years, she has been visited by DEACC thirteen (13) times. The only violation they have found was an expired dog license which event had mitigating circumstances. Ms. Swain chose to pay the fine for a recent dog at large citation although neither she nor the dog cited were on the property at the time - because of her mothers distress over the issue, and going to court to challenge it would have taken too much time from work for her self-employed witnesses. Ms. Swain has complained to KCSPCA Board members Rick Pryor and Karen Kraft about the harrassment through the DEACC officers, to no avail. She telephoned then-Executive Director Murray Goldthwaite, but he did not return her calls. In addition, Mr. Moores children play near the fence loudly, which causes her dogs to bark; Mr. Moore then complains about the barking. Ms. Swain has installed wire along the inside of her horse fence,so that the dogs cannot pass through. She has also been advised to install cameras on the property by ACO Pfc. Laise. We are including here only some of the ACO visits to her property, and we are working backwards from the most recent event. 1. ACOs returning to the property 3 days running Friday, December 2, 2011: ACO Pfc. Laise originally came to Ms. Swains home to investigate a complaint from the week before, Friday, 11/25/11. The complaint was that a gray dog was on Mr. Moores property in his driveway. Ms. Swain has a one-year old gray female Weimaraner, Lacie. However, Ms. Swain and Lacie were not on the property at the time cited in the complaint. He asked to see her dogs, and the paperwork for them. When produced, it turned out that a license purchased (for her black Lab, Drake) at K-Mart with the belief that it was a three-year license, had in fact expired only months after she purchased it. Pfc. Laise said this was an understandable confusion and told Ms. Swain he would not write a citation for the license. However, he also told her that she had to go to the KCSPCA immediately to get a new license (rather than on-line), because if he returned and she didnt have the license it would be a citation. He also asked to take pictures of all her dogs, including Lacie. He had her turn them loose (in her fenced yard) and took pictures. Lacie actually stuck her nose in his pockets looking for treats. Saturday, December 3, 2011: Ms. Swain was visiting a neighbor down the road around noon. When she returned, there was a DEACC orange tag on her fence; it said to call ACO Pfc. Laise. Ms. Swain was surprised, because ACO Pfc. Laise had said he would call before he returned. However, he was not at the shelter, because the DEACC truck and ACO Pfc. Laise were sitting

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in Mr. Moores driveway. He came back to her house and handed her a citation for dog-at-large already written out but for Monday, 11/28/11. NOT THE DATE HE DISCUSSED WITH HER ON 12/2/11. Ms. Swain and Lacie were not on the property on that day, either. He also questioned her about the dogs on her property, saying that earlier, he heard more than one dog barking from the house. She had him initial a paper stating there was only one dog in her home. ACO Pfc. Laise also informed her that ACO Sgt. Hulse was on his way to the property. When Sgt. Hulse arrived, he informed Ms. Swain that if she had more than four dogs she needed a kennel license. Ms. Swain had been over this with DEACC previously, when they told her she could not care for family members dogs on her property when they were away. Ms. Swain contacted KCLC Commissioner Eric Buckson, whose constituent she is, and asked him about this. Comm. Buckson checked with KC Planning, and informed Ms.Swain that there was no problem for her to care for family members dogs on a temporary basis, in addition to her own. Ms. Swain told the officers that she HAD applied for and received a kennel license from the State of Delaware. Unfortunately, KC code is not in agreement with the State requirements, and KC told Ms. Swain that she would have to hire an engineer and spend about $13,000.00 for improvements to her property for a commercial kennel license. The State allows for individual dog licenses, kennel licenses for over 4 dogs, and commercial licenses for those who breed and sell dogs. ACO Pfc. Laise told Ms. Swain that he had heard about this discrepancy from others; ACO Sgt. Hulse said he didnt know about it, and it wasnt his job. Ms. Swain expressed the opinion that he should probably know about it if he was enforcing the code. ACO Sgt. Hulse then asked if her paperwork was in order. Ms. Swain assured him it was, and he told her to keep it for when Officer Moore whines again. Sunday, December 4, 2011: Ms. Swain was in her barn working with a horse, when she noticed the DEACC truck in Mr. Moores drive again, and ACO Pfc. Laise coming through her gate. Ms. Swains fiance, Del Richards, Jr., was present for this incident. The complaint again was that Lacie was on Mr. Moores property, even though Ms. Swain and Mr. Richards believe she was inside the fence at all times. ACO Pfc. Laise told them that if Mr. Moore felt threatened by the dog, he could shoot her, because his mother reported that the dog was following his daughter on 11/28/11. Mr. Moore wanted to meet the dog to see if she was dangerous. ACO Pfc. Laise wanted to walk the dog through the fence; Ms. Swain objected; this is the basis for the complaints, and she is training the dog NOT to do this. It was agreed that Mr. Richards would put Lacie in the truck and drive her to the other property. However, when all three men were discussing the incident, the date kept changing one minute it was 11/25, the next it was 11/28. When Mr. Richards and Lacie returned, ACO Pfc. Laise stayed behind and talked to Mr. Moore for awhile. When he came back to Ms. Swain, he said he would not write a citation for dog-at-large for the 12/4/11 complaint, even though Mr. Moore asserted that Lacie was by the basketball court on his property. ACO Pfc. Laise told Ms. Swain and Mr. Richards that he realized this was all due to a family feud that was escalating. However, he also said he would put out a warrant for Ms. Swains

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arrest if Mr. Moore continued to make complaints. Despite questioning, he would not say what the arrest would actually be for. 2, ACO leaves wrong contact information September 1, 2011: Ms. Swain found an orange DEACC tag on her privacy fence (in back of her house, not on the front gate or the door to her home) about a barking dog (nuisance) complaint. The tag said she had 24 hours to provide information to ACO Pfc. Schnares via fax to the shelter. Ms. Swain complied, sending the paperwork for her dogs. September 6, 2011: Ms. Swain received a telephone call from the KCSPCA saying that ACO Pfc. Schnares had not received the information. Ms. Swain again faxed it. She did not hear anything more about this complaint until ACO Sgt. Hulse came to her home on December 3, 2011 and asked why she had not sent the information. She brought out the original DEACC tag to show him; he informed her that ACO Pfc. Schnares had given her the incorrect FAX number. It took them three months to follow up on this incident. Ms. Swain was not served with a citation. 3. Horse Welfare May 2011: An ACO stopped by to ask Ms. Swain why one of the horses in her field was so thin. She explained that the horse was 29 years old and was standing next to a younger, heavier horse, but although the older horse was thinner, he was healthy. She was given 7 days to have a veterinarian look at the horse. Dr. Robin Harper came out and told her that the horse was in good shape for his age. On December 6, she had the horse checked again, and he is still healthy. 4. Barn Cats missing Mr. Moore baits live traps at the property line to catch barn cats Ms. Swains or anyone elses. In fact, on December 4, he told ACO Pfc. Laise and Mr. Richards that he intended to start trapping cats again. Between 2004 and 2005, Ms. Swain and a neighbor, Mr. Harold Frazier had their cats microchipped, because Mr. Moore was repeatedly trapping them and turning them in to the KCSPCA. She is afraid that he is now dumping the cats somewhere, not turning them in to the shelter. On 12/20/11, one of Mr. Fraziers cats went missing. August 16, 2006: One of Mr. Fraziers orange cats went missing. He called the KCSPCA and was told his cat was there. However, he was told that the cat had a tag on the cage that said it could ONLY be retrieved by Ms. Swain. While Mr. Frazier went to the KCSPCA with his other orange cat (to be microchipped) and his rabies certificates to retrieve his first cat, ACO Pfc. Galloway came to Ms. Swains property and left an orange tag saying to call the KCSPCA. Mr. Frazier went to the shelter, where Mr. Moore was waiting. Mr. Moore insisted that the cats belonged to Ms. Swain, despite the fact that Mr. Frazier had his rabies certificates in hand. It took intervention by Mr.Goldthwaite for Mr. Frazier to get his cats. Mr. Moore is NOT a

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DEACC officer; he works for the City of Dover. Why was he allowed to orchestrate this incident? August 18, 2006: ACO Pfc. Galloway and ACO Pfc. Lewis came to Ms. Swains property and said that she had five cats in the barn, which was too many and they would trap them for her. She told them there were not five cats in her barn and she didnt need anything trapped. They then asked her for the paperwork on her dogs, which she produced. August 20, 2006: The same two ACOs visited Mr. Frazier, who had his cats caged in his barn. He asked when he could let them out, and was told he could release them any time. (Ms. Swain suspects they were checking to see if the cats actually belonged to Mr. Frazier.) 5. Cat Euthanized Memorial Day Weekend, 2004: Three of Ms. Swains barn cats went missing, 2 orange cats and a black and white male with no tail that she had raised since he was 3 weeks old.. She called the KCSPCA, who at first said they did not have the cats. After about half an hour discussion, Ms. Swain mentioned Mr. Moores name, and then the staff member finally admitted that 2 orange cats and the black and white male had been turned in. The orange male had been euthanized already. When Ms.Swain asked why, the first answer was that he had been left past the stay date. Ms. Swain challenged this, because he had disappeared AFTER the orange female cat who was still at the shelter. The KCSPCA representative then stated that the cat was sick and that was the reason he was killed. Ms. Swain said she would not argue any longer, but that was patently untrue, and she had the cats veterinary records to prove it. Ms. Swain estimates that, over a period of time, she has paid about $300 to ransom her cats. It is one of the reasons why she microchipped them, because she was told if they were microchipped she would be called and not charged. Other incidents:

- Ms. Swain has had Kent County Code enforcement show up at her home to check grass length;

- A complaint to DNREC that she was spreading manure on her property (this complaint was not formally taken, since it was not in violation of any code, although Ms. Swain was informed of it);

- DEACC officers investigating the field she keeps her goats in;

- An incident with ACO Pfc. Schenk (no longer with DEACC) that escalated when she refused to allow him in her barn and he called the Delaware State Police;

- She has planted trees on the property line that died mysteriously;

- 7 goats that died, suspected of being poisoned by an herbicide that Ms. Swain does NOT use;

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- Ms. Swain called the DSP herself in 2005, when she found Mr. Moore taking photos of

one of her dogs in her yard; she later installed a privacy fence.

Ms. Swain believes it is time for DEACC to step aside and let Mr. Moore fight his own battles.