# Ruidoso malinois files civil suit re false alegations



## Irene Howcroft (Nov 13, 2010)

At last I can make public my extremely difficult year and a half. 
Below is a newspaper article and a link to the FULL complaint filed to the third judicial district court Dona Ana County new Mexico
I was falsely accused of animal abuse, identity theft and narcotics charges. All charges were dismissed My dogs have NEVER been abused or neglected. Narcotics were NEVER found on my property. I have an email giving me both the credit card and pin number for use for specific items there never was any identity theft. 

My dogs are always well fed with high quality dog food, the medication for coccydia and giardia was provided to my employee Julie Bentley to treat in my absence. Julie did NOT follow my protocols or care for my kennel in the manner instructed. She then speaks to the police about me, for a job she did not do! What followed has been a travesty. Certain individuals have made committed efforts to slander and harm. This has been a witch hunt and a nightmare no-one should have to walk through. 

I have a profound dedication to the well being and training of my dogs, the Belgian Malinois breed, and what I do. 

The harm done to my reputation and business has been devastating. The experience has been crushing and unimaginably difficult to endure and withstand. 

The newspaper article is below

You will see in the full complaint details of what actually happened, link below:

http://www.ruidosomalinois.com/complaint-for-damages.htm 


*Dog breeder strikes back against allegations 

Lawsuit filed against law enforcement, employees and detractors 
By Harold Oakes 
Posted: 06/11/2013 10:43:58 AM MDT 

A Capitan dog breeder, who faced charges of animal cruelty that were later dismissed, has filed suit against the law enforcement agencies and others involved in the case.

Attorney Freda Howard McSwane filed the lawsuit Monday in District Court in Las Cruces claiming damages caused to Irene Howcroft's Belgian Malinois dog breeding and training business by the Capitan Police Department, Capitan Police Chief Randy Spear, Capitan police Officer Kevin Kennedy, the Dona Ana Sheriff's Department, two former employees and two individuals who posted negative comments on the Internet.

District Judge James Counts had dismissed charges of animal cruelty, trafficking in a controlled substances, tampering with evidence, conspiracy, theft of identity and theft of a credit card in February after ruling that Spear was outside of his jurisdiction when he obtained a search warrant for Howcroft's kennel in November 2011. Counts ruled that because Spear was outside of his jurisdiction, any evidence seized was not admissible in court. Spear testified that he had responded to a report of a horse pushing a fence down on Nov. 16, 2011, and "... then my ear got full of everything that was going on out at Ms. Howcroft's place by Julie Bentley, who was working there."

According to the lawsuit, Bentley was responsible for feeding and medicating the dogs Spear testified she complained to him about. Howcroft, the kennel owner, was in Santa Fe in November 2011 working on a contract with the New Mexico Department of Corrections. Bentley had told Spear there was no food for the dogs but, according to the lawsuit, Howcroft had given Bentley $1,200 to purchase dog food.

Spear contacted the Dona Ana Sheriff's Department for assistance in the investigation.

"Those guys were a tremendous help," Spear said at the time charges were filed regarding the deputies from Dona Ana County who specialize in animal abuse cases. "They really know their stuff."

Both Dona Ana County and the Dona Ana Sheriff's Department are named in the lawsuit for the assistance Dona Ana County deputies provided to Spear.

Three individuals, Mike Bullock, Bill Creasey and Donna Carmichael are named in the suit for allegedly spreading false information about Howcroft.

"Defendant Bullock began an internet campaign to discredit and ruin the reputation of Plaintiff, Irene Howcroft, beginning in December of 2011 and continuing to date," the lawsuit states. Creasey is named in the lawsuit for allegedly making false and defamatory statements about Howcroft on a website.

Carmichael, according to the lawsuit, was hired to work for Howcroft in June 2012 and allegedly slandered Howcroft to law enforcement and, "numerous individuals in the New Mexico area by telling them (Howcroft) was using drugs and abusing (her) dogs and not feeding and taking care of the dogs."

The suit claims libel, slander and defamation, intentional interference with prospective contractual relations, trespassing by Capitan and Dona Ana law enforcement and malicious prosecution.

The suit does not specify an amount of damages sought by Howcroft. 
*


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## Joby Becker (Dec 13, 2009)

sounds really terrible..

District Judge James Counts had dismissed charges of animal cruelty, trafficking in a controlled substances, tampering with evidence, conspiracy, theft of identity and theft of a credit card in February *after ruling that Spear was outside of his jurisdiction when he obtained a search warrant for Howcroft's kennel in November 2011. Counts ruled that because Spear was outside of his jurisdiction, any evidence seized was not admissible in court.*

any listing of that seized evidence anywhere?


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## Keith Jenkins (Jun 6, 2007)

So the charges were dropped due to a legal technicality not that you were found not guilty by a jury? 

Sorry but I classify this between who gives a crap and not me.


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## Irene Howcroft (Nov 13, 2010)

Joby,
It has been terrible, thank you for always being so clear headed. You made an original post and then were very circumspect. Even I have not yet received a listing of seized evidence which gives you idea as to how outrageous this whole situation has been. It is one of the things we are demanding as we prepare now for trial.

Keith,
You comment is surprising..if you didn't care why did you make any post at all. If you had taken the time to read the civil complaint you would have a very clear picture as to what happened and the travesty committed against me. A Jury certainly would have found me not guilty and the civil suit, when and if it goes to trial will most certainly rule in my favor because the allegations are unfounded, false and malicious.


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## Alice Bezemer (Aug 4, 2010)

I always like a good read and I am halfway through... All I can say is that it reads as if Spear was quite the overzealous boy in performing his duties....apparantly, law, honesty were not on the forefront of his mind when he started this... Its a sad read...


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## jamie lind (Feb 19, 2009)

Keith Jenkins said:


> So the charges were dropped due to a legal technicality not that you were found not guilty by a jury?
> 
> Sorry but I classify this between who gives a crap and not me.


Ever been to court? You would rather go to trial than have it dismissed? If me and you are driving in a car and I have drugs. The first thing your lawyer does is see if the cop made a legal search. Not try to prove that the drugs are mine. Does that mean the drugs really were yours and that you just got off on a technicality?


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## Peta Het (Feb 13, 2011)

Alice Bezemer said:


> I always like a good read and I am halfway through... All I can say is that it reads as if Spear was quite the overzealous boy in performing his duties....apparantly, law, honesty were not on the forefront of his mind when he started this... Its a sad read...


Not saying who is right/wrong here but of course it reads that way it is a lawsuit filed by her lawyer to support her side. Would you expect it to read any other way?


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## Alice Bezemer (Aug 4, 2010)

Peta Het said:


> Not saying who is right/wrong here but of course it reads that way it is a lawsuit filed by her lawyer to support her side. Would you expect it to read any other way?


I've read the od lawsuit or 2 and I do not get overly emotional about anything very quick, if only 1 percent of the mentioned points is true/accurate then it still remains a very sad read...


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## Irene Howcroft (Nov 13, 2010)

Peta,
the civil complaint reads as to the facts. if you want to see the transcript for the hearing at which criminal charges were dismissed please let me know. You can read THE ACTUAL court transcript. You can read exactly what the police chief said in that hearing. It is public record. I have nothing to hide, nothing has been stilted. The whole experience has been atrocious. Let me know and I will post that as well. It makes for astonishing reading.


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## Michael Joubert (Jul 17, 2012)

Irene Howcroft said:


> Peta,
> the civil complaint reads as to the facts. if you want to see the transcript for the hearing at which criminal charges were dismissed please let me know. You can read THE ACTUAL court transcript. You can read exactly what the police chief said in that hearing. It is public record. I have nothing to hide, nothing has been stilted. The whole experience has been atrocious. Let me know and I will post that as well. It makes for astonishing reading.


Might as post it up.


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## Keith Jenkins (Jun 6, 2007)

I posted because up until this point I wouldn't know you if you were standing in front of me and you'd be hard pressed to find anyone on this forum who knows you are or what you do. 

It has been almost 2 years since you made any posts and first thing out of the box today is this sad story of how the *man* tried to stick it to you and you posting your lawsuit. There was nothing preventing you from talking plain old dog stuff. 

I'm really curious why you felt it necessary this fine day to enlighten us about what is going to boil down to you suing several people.


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## Alice Bezemer (Aug 4, 2010)

Irene Howcroft said:


> Peta,
> the civil complaint reads as to the facts. if you want to see the transcript for the hearing at which criminal charges were dismissed please let me know. You can read THE ACTUAL court transcript. You can read exactly what the police chief said in that hearing. It is public record. I have nothing to hide, nothing has been stilted. The whole experience has been atrocious. Let me know and I will post that as well. It makes for astonishing reading.


Yup, post it! Almost done reading the other one, if the new one can astonish me after reading the one on your website I will be impressed since I am pretty much speechless...


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## Christopher Smith (Jun 20, 2008)

Keith Jenkins said:


> I posted because up until this point I wouldn't know you if you were standing in front of me and you'd be hard pressed to find anyone on this forum who knows you are or what you do.


Keith you are wrong. Many people, including myself, have been very interested in this case.


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## Keith Jenkins (Jun 6, 2007)

jamie lind said:


> Ever been to court? You would rather go to trial than have it dismissed? If me and you are driving in a car and I have drugs. The first thing your lawyer does is see if the cop made a legal search. Not try to prove that the drugs are mine. Does that mean the drugs really were yours and that you just got off on a technicality?


Not unless you count divorce court....=D> It doesn't prove one way or the other it simply means that if it was an illegal stop and it was dismissed I got off on a technicality. the only two people who actually know for sure whose dope it was would be you or me.


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## Keith Jenkins (Jun 6, 2007)

Christopher Smith said:


> Keith you are wrong. Many people, including myself, have been very interested in this case.


I didn't realize that someone in California would be so interested in some local case in New Mexico. Must be a mallie thing.


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## Christopher Smith (Jun 20, 2008)

Keith Jenkins said:


> I didn't realize that someone in California would be so interested in some local case in New Mexico. Must be a mallie thing.


Yeah after watching things like this help to diminish the Rottweiler for years I got proactive with the Malinois.


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## jamie lind (Feb 19, 2009)

Keith Jenkins said:


> Not unless you count divorce court....=D> It doesn't prove one way or the other it simply means that if it was an illegal stop and it was dismissed I got off on a technicality. the only two people who actually know for sure whose dope it was would be you or me.


I thought you were implying guilt by your first comment. If I assumed wrong, sorry.


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## Michael Joubert (Jul 17, 2012)

I live in New Mexico, really hadn't heard much till now. The first was some cryptic "I can't talk about it" it really didn't register till this thread.


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## Irene Howcroft (Nov 13, 2010)

Keith,
I was not proactive on this site because I had been so slandered, attacked and dismissed all over the internet and here too. I anticipated, understandably, that anything I had to say about any subject at all would be discounted and I would more likely than not be subjecting myself to further attack and anguish. Now, finally, I can participate. I have a great passion for what I do, I am very protective of the integrity of the Belgian Malinois breed, I enjoy the exchange of ideas and being a part of a canine community. We all have so much to learn from each other, it can only make us better as a person and as a trainer and certainly benefit the dogs we are dedicated too.

Michael,
At your request I am right now in the process of getting the pdf file of the transcript from the court hearing that resulted in all my charges being dismissed. I will have it posted on my website with a link given on this website by tomorrow at the latest. The document is well over 100 pages, its going to take time to get done. Then anyone who wants to read it can do so.


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## Nia Cottrell (Feb 17, 2012)

Thank you, Irene. I am one who always prefers to read all available court documents, especially transcripts, if I am interested enough to want to know what happened.


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## Michael Joubert (Jul 17, 2012)

Irene Howcroft said:


> Keith,
> I was not proactive on this site because I had been so slandered, attacked and dismissed all over the internet and here too. I anticipated, understandably, that anything I had to say about any subject at all would be discounted and I would more likely than not be subjecting myself to further attack and anguish. Now, finally, I can participate. I have a great passion for what I do, I am very protective of the integrity of the Belgian Malinois breed, I enjoy the exchange of ideas and being a part of a canine community. We all have so much to learn from each other, it can only make us better as a person and as a trainer and certainly benefit the dogs we are dedicated too.
> 
> Michael,
> At your request I am right now in the process of getting the pdf file of the transcript from the court hearing that resulted in all my charges being dismissed. I will have it posted on my website with a link given on this website by tomorrow at the latest. The document is well over 100 pages, its going to take time to get done. Then anyone who wants to read it can do so.


Good for you. I think that will go further than what you originally posted.

I wish you luck.

I know all too well how things play out in the "court" of public opinion, where people use rumor, conjecture, and prey upon the ignorance of others to tear another down.


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## Keith Jenkins (Jun 6, 2007)

Not sure you were dismissed or attacked here as all of this started way after your last post here. 

I would point out that in your law-suit it states that coccidia and giardia are not contagious to humans. Actually many types of giarida do cross species lines and can in fact affect humans. So unless the test at that time showed the strain of giardia was in fact limited to canines only that would not automatically make that statement false.


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## Irene Howcroft (Nov 13, 2010)

Keith,
I am sure you can understand that I was apprehensive and cautious about posting on this site or anywhere for that matter. Certainly I did not have reason to believe my comments would be valued regardless of helpfulness, experience, knowledge, contribution or request for information of training ideas.There were some less than friendly posts pertaining to this incident. Yes I do think my last post was about 5 -6 months prior to the start of this issue. That said I look forward now to being an active member now.
Dona Anna County task force did NOT run a specific test to my knowledge so had no business stating that my kennel was a risk to the health of the community. They had no proof of that and never cited any such proof or test results. Kennels are not shut down for these infections. If they were, numerous kennels in the united states would have been shut down and animals seized at some point as this occurs in kennels. These 2 infections are common in the general canine population and also in kennels. People do not have their dogs seized for this. It was outrageous, damaging, traumatic for the dogs. It was deeply distressing for me. The whole experience was just awful. The negative activity this resulted in on the internet and in the community has caused me massive damage.


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## Connie Sutherland (Mar 27, 2006)

_"At your request I am right now in the process of getting the pdf file of the transcript from the court hearing that resulted in all my charges being dismissed. I will have it posted on my website with a link given on this website by tomorrow at the latest. The document is well over 100 pages, its going to take time to get done. Then anyone who wants to read it can do so."_

Probably the best thing to do ... to battle misinformation with actual fact. I know that people here just want the actual info, and don't want to draw incorrect conclusions that might cause damage.


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## Irene Howcroft (Nov 13, 2010)

Connie,
The statements in my civil suit are fact. I encourage you to read the claim I posted, again here is the link.

http://www.ruidosomalinois.com/complaint-for-damages.htm 

I would NOT make false statements and certainly neither of my attorneys would be party to that. they drew this up after all, based upon the evidence.The claim has to be substantiated in a court of law. We already have all the evidence shored up. We had the irrefutable evidence before the claim was drawn up and the suit was filed. I obviously cannot share this evidence on line as this is for the claim and the legal proceedings that now are in place.

The transcript from the hearing is not evidence in and of itself for everything. It is evidence for the matters of jurisdiction and touches on other items somewhat.


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## Irene Howcroft (Nov 13, 2010)

Connie,
Actually there was a thread that was started by Joby in 2011 and in that thread Bill Creasy put up a post. It is false, slanderous, defamatory and filled with lies. Apparently he was believed by some people in this forum. He is one of the defendents in this case. He has launched an internet campaign to slander and defame me. He has caused much damage.
If you look at that thread, you will see that some people there were very quick to judgment, not very pleasant, etc. that is why I was apprehensive to become active on this site. 
A correction for my pup prices. They range from $1,500 to $3,000 depending on the pup and the breeding pair. 
I am NOT a puppy mill...my pups are whelped in my home, they live in my home with me are well socialized, high drive etc. I have pups that are now working as K9 on the streets, and others doing other work too. I have very content clients and many references and testimonials. 
I have a foreign accent and that sometimes is misread as arrogant just because what comes out of my mouth is not an American accent...its unfortunate but nothing I can do anything about. 

I just got an email from my attorney stating that I cannot put up that transcript from the hearing. I apologize to all who were looking forward to it.


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## Connie Sutherland (Mar 27, 2006)

_"I just got an email from my attorney stating that I cannot put up that transcript from the hearing. I apologize to all who were looking forward to it."_


I'm sure we all understand.


Also, if you're saying that there is now an active or pending case involving past or present board members, then this seems like an inappropriate place to open a thread where it's posted for discussion.

I'm no attorney, but maybe it's best that discussion of an ongoing case becomes private (not on this board).


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## Irene Howcroft (Nov 13, 2010)

Bill Creasy is not a board member here. He just put up a posting on a thread Joby started

Joby has always been clearheaded, balanced (sounds like a good Malinois to me  ) professional, and appropriate. There is NO case at all with this forum. I don't know how that may have been misunderstood.


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## Connie Sutherland (Mar 27, 2006)

Connie Sutherland said:


> _"I just got an email from my attorney stating that I cannot put up that transcript from the hearing. I apologize to all who were looking forward to it."_
> 
> 
> I'm sure we all understand.
> ...


Please. 

I have to go with my gut, not being a legal expert.

This is not the place to discuss an ongoing case which names someone who is or was on this forum.


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## Ingrid Rosenquist (Mar 27, 2006)

If you have been advised not to post the transcript, how about the order of dismissal as it should offer some insight. Unless the order is just a general one with no facts outlining the judge's ruling? 

https://caselookup.nmcourts.gov/cas...vice=direct&session=T&sp=SD-1226-CR-201200023

It should be a public record. Not sure why the transcript needs to be kept under wraps unless the proceedings were sealed from the public. In regards to the facts of the matter, as someone with experience in the legal field, the facts that one side puts in their brief might be what that individual considers the "facts" but that does not necessarily mean that it is the entire story. 

Generally speaking, the entire story tends to be somewhere between both sides. After all, attorneys on both sides will play up the facts that are persuasive for their argument and downplay the ones that might be problematic for their argument.

I have no independent knowledge of this case so I am speaking in generalities based on my experience with criminal/civil cases. Like Nia, I prefer to look at the entire record of a case or a proceeding and not just one side or the media reports (which rarely if ever give the complete story) before rendering my own opinion on what may have or may not have occurred. 

Please do post updates. I am interested in seeing the responses filed by the opposing attorneys in this action.


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## Administrator (Nov 19, 2012)

Adding to what Connie said, I want to remind everyone that YOU are responsible for what is posted on this board. We as the operators of the site have the right to remove the content if we are asked to or at our own discretion.


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## Ingrid Rosenquist (Mar 27, 2006)

Connie Sutherland said:


> Please.
> 
> I have to go with my gut, not being a legal expert.
> 
> This is not the place to discuss an ongoing case which names someone who is or was on this forum.


Sorry, I posted before seeing this. Mea Culpa


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## Connie Sutherland (Mar 27, 2006)

You made good points, Ingrid.



To the O.P., thank you for clarifying that_ "There is NO case at all with this forum."_


Still, this doesn't seem like a good idea, to have an opinion thread about an ongoing lawsuit involving forum posters.



Let's end this until links to court docs are available to post.


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