Tahlequah Daily Press

March 8, 2010

Smithson proposing vicious animal bill

Law enforcement officers say criminals often use vicious animals to protect illegal drug activities.

By BOB GIBBINS
Press Staff Writer

TAHLEQUAH —

Oklahoma has been a trendsetter in some of its drug enforcement laws in recent years.

Legislators have put a law on the books that allow authorities to monitor pseudoephedrine purchases. No more than 9 grams may be purchased in a 30-day period.

It’s a felony here to sell or possess controlled substances within 2,000 feet of a school or day care.

The District 27 Drug Task Force is working with lawmakers to add another felony to the list: use of a vicious animal in the commission of a crime. The emphasis on the proposed legislation is on drug crimes.

“A lot of the drug houses we go to in our investigations are using vicious dogs,” said Alan Loyd, representing the DTF. “They tie the dogs in close proximity to their drugs.”

Loyd said the breed of choice for the drug dealers is a pit bulldog. He said agents have had to summon animal control officers on a number of occasions to assist them in dealing with the animals.

“We went to one house recently that had three pits,” he said. “Sometimes, they’ll go after each other, but sometimes they come after the agents.”

Dogs are the prevalent animal in these cases, but Loyd said the agents have also encountered poisonous snakes used as booby traps. His proposed law would include any vicious animal.

“We went to one place recently where we were able to get past the dogs without any problems,” he said. “When we were bringing the suspect out of the house, he got after the dogs for allowing us on the property.”

Loyd said law enforcement have used dogs to fight crime for years and there are laws on the books protecting police dogs. He said it’s common now for the criminals to use dogs against officers, and he believes there should be a law on the books to prevent that.

Loyd isn’t carrying the ball by himself on the proposed legislation. Assistant District Attorney John Sawney, who works with the task force, has helped Loyd with some of the finer points of the proposals. Sawney said he thinks its important that the proposal become law to protect people from vicious animals.

“Dogs are recognized as officers,” he said. “They have protection by statute and we need to balance that by giving protection to the people against dogs used by drug dealers to booby-trap or guard their drugs.”

The DTF is receiving help with its proposal in the state House from Rep. Glen “Bud” Smithson, a retired Oklahoma Highway Patrol trooper.

Smithson said earlier this week, in an e-mail message, that the proposal is being written as an amendment for an existing bill.

“It is my desire to make it a felony for anyone to use a vicious animal or snake while in the commission of a felony,” Smithson said. “We are currently working on penalties.”