IN THE SUPERIOR COURT OF BROOKS COUNTY

STATE OF GEORGIA

RICHARD JERRY McLEOD,

Plaintiff/Petitioner

v. Case No. 16CV-00303

MIKE DEWEY,

Defendant Joe

Wheeler,

Defendant

Eugene Owen,

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 his deputies.

A writ of mandamus is an extraordinary remedy; however it is authorized where one has been accused

in a criminal case where loss or damage to ones property is occurring. False criminal accusations

have been made against the plaintiff and he has no other remedy at law to prevent the unlawful loss or

damage of his personal property occurring by actions of the defendants.

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 unlawful action perpetrated by Dewey and his

deputies, agents and surrogates beginning March 2016 was to advance

partisan political objectives. The actions of the defendants began shortly after plaintiff McLeod

filed a lawsuit against Brooks County Tax officials for an illegal reassessment of his

property. Brooks county zoning administrator Billy Ingram cited McLeod for possessing more

than ten hunting dogs or show dogs on McLeods rural property. Ingram proceeded to admit to

McLeod that in the ten years he had been on the job as zoning administrator he had never

received any complaints about McLeods dogs. Ingram also admitted he had never cited anyone

for violation of the alleged county ordinance; further admitting that he was aware of numerous

other area landowners in close proximity to McLeods property that routinely possesses numbers

of such dogs far in excess of the number possessed by McLeod.

Ingram further stated he was acting on a complaint from deputy sheriff Joe Wheeler who

claimed to have an anonymous complainant. Ingram further stated the ordinance citation did not

seem reasonable or equally applied but said I am just doing what they told me to do and if I

dont they will get somebody else to do my job. Subsequent to this citation, appearance in

Brooks county magistrate court, and notice of appeal of magistrates adverse order McLeod

Was confronted at his gate by Billy Ingram, sheriffs deputy John Horton and Georgia

Department of Agriculture animal inspector Gail Roberts. Roberts announced the Georgia

Department of Agriculture had received a complaint that McLeod was operating an unlicensed

Animal rescue operation and she was there to inspect my dogs. Roberts asked permission to

enter McLeods property and inspect McLeods dogs. Permission was granted and Roberts,

escorted by deputy Horton and Billy Ingram were granted free and unfettered access to

McLeods property. Inspector Roberts took a number of photographs and agreed that McLeod

was not operating an unlicensed animal rescue operation. Roberts reported no violations of

any provisions of the Georgia Animal Protection Act.

Approximately twenty four hours later McLeod was accosted at his gate by a team of more

Than twenty five law enforcement officers, humane society personnel and surrogates including
the sheriff departments swat team led by deputy Eugene Owen. Owen stated they were there to

seize all of McLeods dogs because he was in violation of the alleged county ordinance

prohibiting him from possessing more than ten dogs, AND stated if he did not cooperate and

hand over all his dogs he would be arrested for animal cruelty. No probable cause for any

claim of animal cruelty existed or was stated. Instead, the purpose of the search and seizure

was that McLeod had too many dogs.

All of the Dogs were seized (including three which were killed by poison darts fired by

Quitman detective Willie Clements) and impounded at the Thomasville Thomas County Humane

Society. Within days approximately half of the dogs were illegally shipped to unlicensed Florida

rescue centers and offered for sale and others were also unlawfully disposed of.

The District Attorney realizing the glaring unconstitutionality of the alleged dog ordinance

And the obvious futility of any prosecution attempt, never presented any charges or claim of any

ordinance violation but instead shifted to a prosecution of animal cruelty charges despite any

probable cause for any search for animal cruelty violations and the falsity of the ordinance

violation accusation. This unlawful seizure of McLeods dogs without probable cause was

merely a subterfuge to unlawfully provide cover for their bungled efforts to enforce an

unconstitutional and non existent alleged county ordinance

Brooks County Animal control director Mike Dewey, deputy Joe Wheeler and deputy

Eugene Owen in initiating and perpetrating this ill advised seizure and Impoundment of

McLeods dogs failed to perform the following basic ministerial duties required of and

violated clear and unambiguous statutory regulations and rules mandated by the

Georgia Animal Protection Act, thus subjecting Dewey, his deputies and surrogates to criminal

penalties.
 COUNT I

Mike Dewey and his surrogates failed to have any veterinarian make any claim of

possible animal cruelty prior to impoundment of any of McLeods dogs. Any officer claiming

acts of animal cruelty is required to have a veterinarian make observation or inspection before

any inspection warrant is authorized. Neither Dewey, his surrogates or any other official

attempted to get authorization for any inspection warrant to inspect dogs for signs of animal

crueltyas 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 in a sketchy and vague claim that he suspected animal cruelty had occurred. Owen

made this false statements despite the undisputable and conclusive report of Gail Roberts,

Georgia Department of Agriculture inspector showing evidence of no violations of the Georgia

Animal Protection Act. (See Roberts report Exhibit A and photographs taken by Inspector
Roberts in the course of her investigation.

No evidence of any probable cause was submitted In affidavit by Deweys deputy Owen. Dewey

and his surrogates were determined s to seize McLeods dogs by any means necessary with or

without probable cause. The absolute lack of any probable cause was of no concern as they knew

the Brooks County magistrate judge would simply rubber stamp anything presented to her by

the sheriffs department in accordance with local custom.

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 McLeod was forced to

initiate legal action in Thomas County to force compliance with the Open Records Act to receive

even the minimal portion of the inventory of his illegally seized dogs. This action required

months of delay and large expenditures of time and money as result of Deweys violations.

These acts violate O.C.G.A. 4-11-9.4 of he 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 maximum 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 caused McLeods dogs

To be impounded at unknown locations in Georgia and Florida and has refused

At to truthfully give the locations of these Dogs, or allow McLeod, 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. 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. Thomasville Humane Society claims to still have a number of these dogs in

custody however the truth of this claim has not been verified.

Dewey and the Thomasville Humane society have disposed of McLeods dogs without any

permission from the Court. Such permission is required before disposing of any impounded

animals

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 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 in one or more Florida animal shelters that

are not licensed by the Georgia Department of Agriculture; nor have they 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.

COUNT VII

The District attorney, conspiring with Deweys request to support this false arrest and

accusation did collaborate with Mike Dewey to fabricate charges of 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 crimes have occurred. This malicious abuse of process

is merely a ploy to harass and intimidate McLeod and deprive him of his liberty and his legal

property

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 remaining living dogs, locations where each and every

dog was transferred to or otherwise disposed of AND with a kennel card and giving breed with

distinguishing characteristics, size, weight, color, all medical information and any other records
AND providing separate kennel cards for each animal.

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

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.

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 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 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 one hundred pounds of

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

Subsequent to the perpetration of the foregoing acts Mike Dewey, Joe Wheeler and Eugene

Owen did on February 23, 2017willfully and maliciously seize, confiscate and destroy all the

private papers and records of the criminal animal cruelty case in the possession of plaintiff

McLeod. These acts of unprecedented reprehensible and egregious prosecutorial misconduct

were authorized and sanctioned by and with the full knowledge of the office of District Attorney

Brad Shealey. Dewey and his deputies (acting as if they had a shopping list of exculpatory

items of evidence they wished to seize) proceeded to seize the following private papers of

McLeod consisting of the following:

 From the Grooverville Methodist Church building owned and occupied by plaintiff.

1. All court filings made by McLeod in Case No.

2. All discovery material consisting of documents and photographs contained in one

large brown legal briefcase/

3. Three or more other briefcases containing private and confidential papers related

to The afore mentioned case.

4.. Filing cabinets and desk containing private papers, research materials and case files

5. Legal texts and research materials

6. Numerous computers containing private papers stored in electronic format

7. computer printers, scanners hard drives and fax machines

8. Numerous file boxes and trays containing case files, briefs and exculpatory

evidence Material

9. All files, briefs, answers and research materials in one Brooks county tax case then

Pending in Georgia Court of Appeals

10. All files, briefs, answers and research materials in McLeods Brooks County tax case

pending in the Supreme Court of Georgia.

From McLeods personal dwelling

1. A thin green briefcase containing current animal cruelty case with photographs and

exculpatory evidence

2. all private papers including documents in the above styled case essential to

successful litigation of the case.

Dewey and his deputies had no warrant for seizing any documents AND seizure of private

Papers would have been automatically excluded even if they had a warrant for seizure of

documents. The foregoing private papers seizures was specifically designed to deny Mcleod

access to the courts and to intimidate, harass, and to cause emotional distress and financial harm
to this plaintiff. This unprecedented egregious prosecutorial conduct standing alone provide

more than sufficient grounds to require that all charges against McLeod in the criminal case be

dismissed with prejudice and criminal charges be brought against these defendants.

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 of Billy Ingram, Joe Wheeler, Mike Dewey and Brooks County officials

gain a tactical advantage in their quest to prevail in a civil action and to harass and intimidate

Mcleod.

Respectfully submitted,

/s/ 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.

Richard Jerry McLeod

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

Certification

I certify I have this day July 2017 served the defendants with a copy of the foregoing at
the address shown below

Mike Dewey

And Brooks County

Sheriffs Department

100 Screven Street

Quitman, Georgia