Man charged with animal abuse accuses police of illegal search
Wilson seeks suppression of evidence gathered in case of dog's shooting death -
A Fairview resident accused of killing his dog with a shot from his rifle says his constitutional rights were violated by police who entered his house without a warrant or his permission.
Police say Duane Oscar Wilson III shot his dog, Deucy, after she exhibited signs of diarrhea on Wednesday, July 20.
He was arrested the next day after a neighbor spotted the dog buried in Wilsons backyard and requested a welfare check. Six uniformed police officers detained Wilson on his front lawn, arrested him and seized the .22-caliber rifle allegedly used in the shooting.
He was charged with first-degree aggravated animal abuse and first-degree animal abuse.
On Sept. 1, his lawyer motioned to suppress the evidence gathered by police, arguing that law enforcement officers unlawfully entered his home without Wilsons permission or a warrant, and that Wilson was never read his Miranda rights or allowed to consult with an attorney.
(The) defendant was being confronted with incriminating information supplied earlier by witnesses he was not free to go in any manner and in fact was deprived of real freedom of action by being surrounded by officers and separated from his house, the motion states.
Oregons Fruit of the Poisonous Tree legal doctrine generally prevents the state from using evidence that was collected illegally, no matter how incriminating.
Wilson, who lives in Troutdale, is employed as a maintenance worker for the city of Fairview. He was placed on administrative leave for 43 days after the alleged shooting, and was paid during that period.
After a review, he returned to work on Monday, Oct. 3. He has worked for the city since February 2003, according to city records.
Our investigation was thorough, we took action that we felt was appropriate and we will allow this employee to be a productive member of our city crew, Administrator Nolan Young said in an interview.
Courthouse files allege that Wilson is a daily drinker in denial about his problem.
Alcohol every day, already had 5 drinks today (straight vodka + MIO), has huge amount of medications Vicodin, Hydro, etc., one report reads.
In 1999, he was convicted of possession of methamphetamine while serving in the armed forces. A 1991 felony charge for battery of spouse was dismissed after the 44-year-old completed a diversion program. A residential burglary charge was dismissed in 1997.
His wife, Connie Wilson, told the Multnomah County Sheriffs Office that she had planned to take Deucy to the vet, and that the dog was otherwise healthy.
My dogs are my kids, and now I only have one, she said, according to court documents.