Prosecution continues to present case in Mitchell hearing

Nye County Chief Felony Prosecutor Kirk Vitto continued to make the state's case against former animal control officer Karl Mitchell in a second day of the preliminary hearing last Friday.

The case was continued until 9:30 a.m. today by visiting Senior Judge James Kelly, unless a case in federal court for which defense attorney Bob Glennon is serving as legal counsel lasts all week. In that case, the hearing will resume Aug. 3. Vitto said he has eight witnesses yet to call.

Nye County signed a five-year contract with Mitchell for animal control services in January, which was terminated in June.

Mitchell is accused of 13 criminal counts including gross lewdness for touching an animal control worker; discharging a firearm on West Noapa Vista Road; three counts of theft of pets belonging to Lacey Thompson and Katherine Diaz; possession of a controlled substance, the sodium pentobarbital used to euthanise animals; battery on a worker at a veterinary clinic; annoyance or molestation of a minor by touching an animal shelter worker; engaging in solicitation of prostitution by agreeing to hire a female worker in exchange for sexual favors; injury to an animal by shooting a dog, and killing an animal, a pot-bellied pig at the Pahrump landfill.

The preliminary hearing is when the state presents its evidence. At the conclusion, the judge rules on whether there is evidence to bind a defendant over to district court for trial. Mitchell and his attorney won't have the opportunity to present his side of the case unless the case goes to trial.

In testimony last Friday, two witnesses commented on theft charges, testifying they were informed their pets were dead when taken into custody by Mitchell. Another state's witness testified her dog was shot.

Animal shelter employee Claire Ramsey testified she received a call about a cockatoo on the loose at Comstock Park March 17. The bird belonged to Thompson. The caller was worried about her cat eating it.

"He (Mitchell) came back to the office and he was very enthused and excited about this bird," Ramsey said. She testified Mitchell took the bird home. "He said it's all right, it's in the kangaroo cage."

Later, Ramsey testified, "Sandy Allman (Mitchell's girlfriend) had called and said that the bird had flown away."

"Was it common for animals to be housed at the defendant's home rather than at the shelter?" Vitto asked.

"No," Ramsey replied.

Ramsey testified she then was asked to take a week's vacation. Under cross-examination from Glennon, Ramsey admitted she interpreted that as a suspension. Ramsey told Glennon she denied the shelter had received dozens of complaints about her dispatching work. Ramsey confirmed Vitto's statement that the dispatcher's logs disappeared after she returned from vacation.

In another instance, Ramsey testified a Pahrump man wanted to know about picking up his ostriches, which had gotten loose.

"I heard him (Mitchell) tell the man it will cost $20,000 to get his ostriches back," Ramsey testified.

Debbie Machen, executive director of the Nevada State Board of Veterinary Examiners, testified Mitchell wasn't licensed by the proper agencies, the State Veterinary Board, Pharmacy Board or U.S. Drug Enforcement Agency, to possess the sodium pentobarbital used to euthanize animals. But Machen couldn't answer when Glennon said Nevada law allows possession of sodium pentobarbital under supervision of a licensed veterinarian. Glennon pointed out Mitchell had a temporary license to possess the euthanasia drug, after passing a two-day course.

Veterinarian Dr. James Reilly testified he sold Mitchell sodium pentobarbital, though Vitto stated Mitchell didn't have a prescription for it. Reilly said he thought Mitchell received a license from the state to administer it.

Constance DeAngelis testified that on April 16 she was called by Nye County Sheriff's Deputy Sgt. Ed Howard who was investigating a gunshot. DeAngelis testified Mitchell showed up that morning and said her black shepherd had been outside her yard. Mitchell didn't say anything about shooting her dog, but DeAngelis testified that about 3 p.m. that afternoon she discovered the dog had been shot and took the dog to Reilly.

Under cross-examination from Glennon, DeAngelis admitted she offered to help in Vitto's campaign for district judge last year. DeAngelis also admitted a neighbor reported her dog was mating with another dog.

Dawn Moore, Nye County deputy sheriff and field training officer, testified she often tells people the department policy, which is: "They can kill animals that are attacking them or their animals." But she added, "If you decide to use a firearm, you can be subject to a criminal penalty."

Moore testified she was confronted with hundreds of nasty dogs in her four years in animal control, but didn't have to kill any of them out in the field. She testified to killing only two injured horses, at the owner's request.

"Did the defendant acknowledge to you he couldn't legally euthanize animals?" Vitto asked.

"Yes he did," Moore testified. "He wanted to know if I could come to the shelter and help him euthanize animals because the vet was out of town."

Moore admitted helping euthanize animals herself after her license lapsed, and a few times sticking the needle in herself. She also testified under Glennon's cross-examination, to hearing about another sheriff's deputy who shot a dog that was attacking Mitchell.

Sheriff's deputy Donna Jasperson testified she wasn't permitted to search Mitchell's home when she answered the call about the missing cockatoo. Jasperson testified there were inconsistencies in Mitchell's and Allman's accounts about what happened to the bird.

Jasperson testified Mitchell told her, "the bird had never been at his house."

Animal shelter employee Linda Reid testified Allman instructed her on March 28 to enter (data) into the computer that two silky terriers arrived at the shelter dead.

"As far as anyone was concerned, the dogs were brought to the shelter and they died at the shelter," Reid testified.

"Did those silky terriers ever arrive at the shelter?" Vitto asked.

"No," Reid replied. "He (Mitchell) told me they were at his house."

Diaz, owner of the two terriers, testified she was in Las Vegas over Saturday night, May 26 and returned to find the dogs gone and a card in the mailbox from Mitchell. She couldn't reach Mitchell over the Memorial Day weekend until that Monday afternoon.

"He (Mitchell) put the male in the back of his truck and the male died. I told him I was concerned about the female because she was pregnant," Diaz testified. Then she testified Mitchell told her, "she died an hour later after he put her in the cage at the pound."

"I told him I wanted to see the bodies and he told me they were in the pit," Diaz testified. "He said something about getting me for animal neglect."

Diaz testified the sheriff's department found her dogs and notified her that following Friday. She testified she then picked up her dogs at the Animal Care Center of Pahrump that day.

"Did they appear to be in any distress at that time?" Vitto asked.

"No," Diaz replied.