IN THE SUPERIOR COURT OF BROOKS COUNTY

STATE OF GEORGIA

STATE

v. CASE NO.

RICHARD JERRY McLEOD

Defendant

DEFENDANTS PETITION FOR WRIT OF MANDAMUS

COMES NOW Defendant Richard Jerry McLeod and files his Petition for a Writ of

Mandamus against Mike Dewey, Brooks County Animal Control Director and Sheriff.

STATEMENT OF THE CASE

Mike Dewey, acting as Animal Control/Director officer has unlawfully seized and

impounded dogs that are the personal property of defendant. This action by Dewey and his

deputies was clearly initiated at the request of one Howell L Watkins II who seeks Deweys aid

to put Watkins in possession of a tract of property owned and occupied by McLeod. The dispute

over ownership of the property is currently the subject of a Quiet Title Action 17-CV-30

filed February 3, 2017 with notice to Watkins as a respondent. Watkins seeks to avoid the legal

process required by the court and defeat its due process requirements. This unlawful seizure of

McLeods dogs without probable cause is merely a subterfuge to unlawfully put Watkins in

possession of the disputed property, allowing Watkins to unlawfully enter the property and

fraudulently remove, convert and destroy McLeods personal property.

Brooks County Animal control director Mike Dewey, in his ill advised seizure and

Impoundment of McLeods dogs failed to perform the following ministerial duties required of

him and clearly violated clear and unambiguous statutory regulations and rules mandated by the

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Georgia Animal Protection Act, thus subjecting Dewey to criminal penalties.

COUNT I

Mike Dewey failed to have any veterinarian to make any claim of possible animal cruelty

by defendant to authorize any inspection warrant to inspect dogs for signs of animal cruelty

as mandated by the Georgia Animal Protection Act. O.C.G.A. 4-11-9-2 Section 2-2-11.

This inspection must be conducted before any seizure or impoundment is allowed./

This violation of the act is a misdemeanor punishable by a penalty of not less than one hundred

dollars and not more than one thousand dollars.

COUNT II

Mike Dewey failed to secure any inspection warrant based on any probable cause to inspect

Defendant McLeods dogs for evidence of Animal cruelty before seizing dogs as provided by

Each of the subject dogs must be inspected by the veterinarian before it can be impounded, If

there is no evidence of any animal cruelty there is no legal basis for impoundment.

O.C.G.A 4-11-9-2. This violation of the Georgia Animal Protection Act is a misdemeanor

punishable by a one thousand dollar penalty.

COUNT III

Mike Dewey and his deputy failed to show any evidence of any animal cruelty or to

truthfully swear to any such evidence in their application for a search and seizure warrant;

instead his Deputy Eugene Owen was allowed to lie to the Magistrate Judge in his sworn

affidavit, stating that someone reported one of McLeods dogs outside the fence without a

collar as evidence of animal cruelty. The compliant inexperienced magistrate lacking the ability

to functionally read and sufficiently understand the clear and unambiguous definition of animal

cruelty as stated in the Act witlessly rubber stamped the warrant application based on this false

affidavit by Deweys deputy Owen. Sheriff Mike Deweys failure to maintain any proper

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supervision over his deputies to ensure honesty and integrity must be prohibited.

Count IV

Mike Dewey failed to immediately provide any inventory of Defendant McLeods

Dogs or to provide McLeod an opportunity for a hearing within five days to determine whether

each and every individual dog was subject to animal cruelty or the contraband of any crime as

provided by the Georgia Animal Protection Act O.C.G.A. 4-11-9.4

More than four months later neither Dewey, his agents nor their surrogate have provided any

Inventory or even the names of his agents holding custody of McLeods dogs. These acts violate

O.C.G.A. 4-11-9.4 of the Georgia Animal Protection Act and constitute a misdemeanor

punishable by a penalty of not less than one hundred dollars and not more than one thousand

dollars. These violations of due process blatantly violate the provisions of the Georgia Animal

Protection Act and the Fourth and Fourteenth Amendments of the Constitution of the United

States of America.

THEREFORE; defendant petitions that Mike Dewey be levied the statutory penalties

for violations of the animal protection act and failure to perform his ministerial duties and

for his collective abuses of discretion.

COUINT V

Brooks County Animal Control Director Mike Dewey has impounded McLeods dogs

At five or more shelters in Georgia and Florida, refused to truthfully give the locations of these

Dogs, or allow McLeod, his attorney or any animal care professionals, news media or

photographers any access to the animals to ensure they are being provided proper and humane

care. The Georgia Animal Protection Statue provides that all impounded animals must be

provided with adequate food and water, access to veterinary care and be treated humanely.

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Without the opportunity to inspect these dogs there is no way to ensure they are being treated

Humanely. As provided by O.C.G.A. 4-11.9.3 Of the Georgia Animal Protection Act.

Defendant Mcleod hereby requests this Court to command Animal Control Director Dewey

To identify the exact location and condition of each and every one of McLeods dogs, make

them available for inspection and photographing by the news media and McLeod, his attorney

and his assigned agents to ensure they are receiving proper care. This fraudulent concealment of

McLeods dogs must not be allowed by the Court.

Mike Dewey has refused to perform even the most basic statutory and due process

requirements for impoundment as provided by the Act. and has completely ignored the

requirements of probable cause before seeking a warrant making the seizure of McLeods

dogs unlawful.

COUNT VI

The Georgia Animal Protection Act provides that no animal shelter or animal control officer

can transfer any animal to an out of state organization , animal rescue facility that is not licensed

with the Georgia Department of Agriculture O.C.G.A. 4-11-6. Furthermore the out of state

shelter must sign and execute a consent to jurisdiction agreement subjecting them to the

jurisdiction of any Georgia Court. Brooks County Animal Control Director Mike Dewey has

transferred and impounded some of McLeods dogs to the Jefferson County Florida animal

shelter that is not licensed by the Georgia Department of Agriculture; nor has it signed the

required consent to jurisdiction agreement

THEREFORE these unlawfully seized and impounded dogs which were not subject to any

animal cruelty and which are not the contraband of any crime must be immediately returned to

their legal owner, McLeod.

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 COUNT VII

The District attorney, conspiring with Deweys request to keep McLeod in jail for as long a

period as possible on this false arrest and accusation did collaborate with Mike Dewey to

manufacture charges of aggravated animal cruelty where no such crime was evident, The Animal

Protection Acts definition of this alleged crime is clear and unambiguous and any reasonable

person who is not functionally illiterate cannot ignore the evidence showing that no such crime

has occurred. This malicious abuse of process is merely a ploy to enable the case to be forum

shopped and removed to jurisdiction of the Superior Court to delay for a period of time long

enough to allow Watkins to gain possession of the disputed property. This malicious use of

process must be rejected and punished.

COUNT VIII

Mike Dewey and his deputy Owen purport to assert probable cause for seizure and

impoundment of McLeod's undeniably healthy dogs based on their unsupported claim that one

dog seen outside the fence indicated evidence of animal cruelty because he was not wearing a

collar And their stale claim that one dog had been seen tethered more than a year ago when they

attempted to enforce an invalid county ordinance for which no charge was ever made.. These

disingenuous statements fail to meet even the most rudimentary tests for any conceivable claim

of the offenses of animal cruelty falsely claimed as basis for probable cause in their false

affidavit

THEREFORE; Defendant requests the following:

1. Dewey be commanded To belatedly comply with 4-11-9.4 and furnish a complete inventory

of each and every one of McLeods seized dogs with a kennel card and giving breed with

distinguishing characteristics, size, weight, color, all medical information and any other records

Seized, providing separate kennel cards for each animal.

2. All of the above dogs to be immediately made available for inspection, and photographing by

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defendant. His agents and independent experts AND that the required five day hearing be

immediately convened to enable independent experts to determine if any incidence of animal

cruelty actually occurred.

3. The bond requirements and conditions be removed and vacated if the state elects to pursue re

their case.

4. That all of McLeods dogs be released to his custody immediately free of any financial

obligation by defendant. That the accusations of animal cruelty and aggravated animal

cruelty be dismissed as:

(a) the affidavit for warrant authorizing search and seizure was false and failed to provide

any semblance of probable cause.

(b) Neither of the accusations of felony aggravated animal cruelty satisfy the definitions

incorporated in the Georgia Animal Protection Act. Therefore the accusations are

invalid, void, nugatory and of no legal effect whatsoever.

(c) None of the accusations of misdemeanor animal cruelty for failure to supply adequate

food and water can be supported due to undisputed fact that Brooks County animal

Control authorities, their agents and surrogates confiscated three hundred pounds of

premium dog food from the premises and there was a constantly running water supply.

This Court should consider the foregoing facts and law and dismiss this unlawful action with

prejudice. Any reasonable person can reasonably conclude this action was a result of a

conspiracy by one Howell l. Watkins II to enlist the aid of Mike Dewey to enable Watkins to

gain a tactical advantage in his quest to prevail in a civil action and to unlawfully put Watkins in

possession of the disputed property.

Respectfully submitted,

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 Richard Jerry McLeod Pro Se

1675 Liberty Church Road

Boston, Georgia 31626

VERIFICATION OF AFFIDAVIT

Affiant hereby makes his affidavit of his Petition for Writ of Mandamus and swears under

oath that the foregoing statements Are true and correct based on his personal knowledge.

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Richard Jerry McLeod

Sworn and Subscribed before me this day of May, 2017.