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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />14 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />While reasonable people may hear and see the same thing differently, in this instance Mr. <br />Miller is trying to save the life of his "closest friend" "BEAR", while Mrs. Sergent is grieving <br />death, and dealing with the killer, of her "companion", "Cookie". <br />Santa Ana Police Department Animal Services Officer Santra Howey, investigated the <br />case and interviewed the only two witnesses, Mr. Miller and Mrs. Sergent, each admittedly with <br />bias. After careful review of the conflicting statements the investigating officer came to the <br />conclusion that classified "BEAR", the Rottweiler, as a "vicious dog". <br />First Isuue• <br />Was there a prior hearing by a neutral from St. Vincent DePaul Society where the issues <br />were heard and determined thus making this hearing moot as "res adjudicate"? <br />Argument by Mr. Miller based upon logic and confusion of S.A.P.D. and their dropping <br />some charges. <br />The City Attorney rebutted, saying that Municipal Code procedure requires an Appeal of <br />the Animal Control Officer's determination that in fact was filed by Miller and his then counsel. <br />The court: A hearing results in a written opinion and decision. None has been provided <br />Miller. Santa Ana City Attorney states that none exists as the "hearing" was abandoned before it <br />began and not in compliance with Santa Ana Municipal Code regulations. <br />Finding: No such alleged hearing took place and this "Appeal" tribunal is free to act, <br />a hearing and ultimately rule and is not impeded by any "res adjudicate" determination. <br />Second Issne• <br />Is Bear the Rottweiler a vicious animal consistent with Santa Ana Municipal Code? <br />Daniel Miller, angrily, erratically, aggressively, attacked the City of Santa Ana. Police and <br />Animal Control Investigator as well as Mrs. Sergent, and her former, now deceased, <br />CHIHUAHUA. His position was that Bear was on an unbreakable leash, that he always walked <br />the Rottweiler on the specially designed. unbreakable leash, that Cookie, the CHIHUAHUA <br />attacked him; that this dog was aggressive and always attacked him and his dog, while circling <br />and remaining just out of reach; that he Miller slipped on vil in the car port and that the <br />z <br />18A-4 <br />