GREAT JOB! I am so thrilled when I see someone actually have some guts to stand up to these bully DAs acting like whores and puppets for the animal rights driven "humane" societies. I don't know Thaxton but if anyone reading does, please be sure and let him know if there is anything I can do to help I would be more than happy to! I mean it - website stuff, graphics, or any other technical assistance, please just let me know. I suspect he is not going to just let his suit drop either. Kudos! and thanks for standing up for the dogs!
County Superior Court Judge Frank C. Mills III last week dismissed the case against Randall Thaxton, 46, who was arrested in October 2008 on dog fighting, animal cruelty and drug charges.
Attorneys for Thaxton argued the case should be dismissed on the grounds he was denied his Constitutional right to a speedy trial. Thaxton was indicted in January.
Mills said Tuesday he wouldn't comment on the decision.
District Attorney Garry Moss said Tuesday he disagrees with the defense attorney's argument that the time between Thaxton's arrest and indictment was too long.
"The case was being evaluated. The dogs were being examined for their hostility," Moss said. "It took a long time to get that information."
Moss said he's waiting to review the judge's order, which has not yet been filed, before deciding whether to appeal.
Thaxton was arrested by the Cherokee Sheriff's Office after a two-week joint investigation that also reached into Gilmer County.
He was arrested on seven counts of felony dog fighting, 10 counts of animal cruelty and one count of possession of marijuana.
Thaxton was indicted by the Cherokee County grand jury on animal cruelty and drug charges, as Moss said he would not be pursuing the dog fighting charges.
Investigators said the 10 dogs seized from the home had injuries including scars that appeared to be from dog fighting. According to the indictment, the dogs suffered "unjustifiable physical pain."
The juvenile dogs were found on collars and chains weighing between 4.6 and 8.8 pounds. A treadmill for the dogs and breeding equipment also were seized.
Thaxton's family since his arrest has denied the charges, saying the dogs were raised for pit bill shows not fighting. They also have filed a lawsuit against the county government, which is pending, for compensation for the dogs that were seized and euthanized.
A motion also was filed by Thaxton's defense attorneys to suppress the evidence gathered from his house arguing the search warrant shouldn't have been granted as there wasn't probable cause. A ruling wasn't made on that motion.
Attorneys for Thaxton didn't return calls for comment.