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Humane agent's authority questioned

Sunday, November 19, 2006

AUSTINTOWN — An animal cruelty case in the township that ended with reduced and dismissed charges has raised questions about whether a humane agent had authority to sign warrants, make arrests and file charges.

Mahoning County Prosecutor Paul Gains said he’s eager to make sure that any missteps of the past are resolved with the proper certification of Jason Osborne, a humane agent for Animal Charity. Animal Charity acts as the humane agency for the county.

Osborne said he has been with the agency for about a year. In that time, he said, other court cases he was involved in were prosecuted successfully. He estimates he’s involved in three or four more cases throughout the county that are pending.

He and Nicole Owen, chief executive officer of Animal Charity, contend that he was deputized by the Mahoning County Sheriff’s Department and authorized to file charges. But Gains said it appears to him that Osborne was not properly certified and appointed under Ohio law. The mayors of all municipalities in a county must appoint a humane agent. For areas outside the municipalities, it’s the county probate court that appoints them.

Osborne and Mike Snyder, another humane agent recently hired by Animal Charity, now have the required 20 hours of training that the law requires an agent to have. Osborne said they are awaiting the appointment of the Youngstown mayor, and the motion for their appointments is in probate court.