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It has been five months since Millsap and police officer Jarid Means removed the dogs from Brock's rental home after the landlord complained they were damaging the property. When Millsap and Means arrived on the premises, the dogs appeared to be malnourished and the house smelled of feces and urine.
Millsap has said he consulted with Hamburg Mayor Terry Holliman and the Fremont County Veterinary Clinic through the Fremont County Sheriff's Office before the dogs, two as young as 5 weeks old, were taken into the country, shot one by one and then dumped into a ditch.
According to court documents, Millsap crushed the head of one puppy that was alive after being shot, and one of the dogs ran 100 yards before dying.
The document also states that somewhere along the line, communication between the Fremont County Sheriff's Office and Millsap broke down, leaving the chief misinformed and believing the Fremont County Veterinary Clinic would not take the dogs. After consulting with Holliman, it was decided that they would dispose of the dogs by taking them out and shooting them.
On their return to Hamburg, Millsap had a panic attack and pulled over. Officer Means drove the remainder of the way back to town.
According to the court record, Millsap did not check with any other veterinarians or the Humane Society in Council Bluffs prior to shooting the dogs.
Veterinarian Richard Jamison is adamant he told the dispatcher the dogs were welcome at his clinic. Chief Deputy Kevin Aistrope has said the dispatcher relayed that message to Millsap although Millsap has alleged otherwise. Aistrope said all of the dispatchers' conversations are taped and could become public record if formal charges are filed.
Millsap has also alleged the dogs suffered from mange, something Brock vehemently denies. Brock, who was in jail at the time and had been for about a week for failure to appear in court on charges involving bad checks, claimed her 14-year-old daughter had been giving food and water to the dogs, but they hadn't been let out of the house enough.
However, even if the dogs had suffered from mange, according to Hamburg code, Millsap and Means still would have been in violation of the law.
According to the Hamburg City Code, Section 55.15: "When an animal has been apprehended and impounded, written notice shall be given in not less than two days to the owner, if known. If the owner does not redeem the animal(s) within seven days of the date of notice, or if the owner cannot be located within seven days, the animal may be humanely destroyed or otherwise disposed of in accordance with law."
Millsap has argued that the dogs did not display rabies tags; therefore, he had the authority to kill them. Testimony in Brock's small claims suit revealed all the dogs required to have rabies vaccinations had previously received them.
Brock estimated the dogs were valued at $1,500 and was awarded the full amount. Under Iowa law, "an individual is entitled to damages for the wrongful killing of dogs, and the measure of such damages is the value of the dogs at the time they were killed."Brock received the additional $2,000 in damages only after satisfying the burden of proving Intentional Infliction of Emotional Distress. Brock showed Millsap used outrageous conduct in the manner in which he killed the dogs; recklessness disregard of the probability of causing emotional distress by showing he had to be aware that his conduct would probably cause severe emotional stress to the dogs' owner yet he acted anyway; and that she suffered severe or extreme emotional distress as a result of the incident as she went to the hospital upon learning of the manner in which her dogs were killed and was given medication to cope with the stress of her loss - all elements of proving emotional distress, according to court records.According to the court order, Millsap and the city of Hamburg will be jointly liable for the judgment.
The court did not award punitive damages, noting that Millsap had made attempts to find a solution based on his call to the mayor and the Fremont County Sheriff's Office.
Since Fremont County Attorney Vicki Danley has declined to file formal charges in the case due to a conflict of interest, the Pottawattamie County Attorney's Office was appointed as a special prosecutor to determine if charges should be filed, what charges to file and whom to file them against.
Pottawattamie County Attorney Matt Wilber said the Pottawattamie County attorney's office would release that information by the end of the week.
