Updated Aug. 4
Max, the Australian cattle dog allegedly abused by his owner, has been placed with another private steward. The move comes after an allegation the owner snatched Max from the first private party he was placed with. The dog was placed again yesterday, according to Edgartown Animal Control Officer Betsy Young Buck.
“It was the judge’s decision,” Buck said. “I believe she is a friend of the owner.”
Buck said Max’s owner, Jay Michael Linhares, allegedly “stole” Max from another party who had taken the dog under their care following a judicial order. However Buck said she found the idea of stealing the dog hard to sort.
“It’s hard to accuse somebody of stealing his own property,” she said.
Court records indicate the Cape and Island District Attorney Michael O’Keefe’s office opted not to press for a warrant it sought for Linhares after he allegedly violated the conditions of his release on personal recognizance.
Linhares was arrested by Edgartown Police on July 25 on animal cruelty and disorderly conduct charges. He subsequently pleaded not guilty to those charges in Edgartown District Court.
Linhares release filing stipulated he was to have “no physical contact” and was to “stay away from Max,” who was described as the alleged victim, court records show.
O’Keefe’s office filed its motion for a warrant on July 30, alleging “the defendant has failed to provide the dog (Max, the alleged victim) to a third party and not possess the dog,” court records show.
On August 3, O’Keefe’s office declined to go forward with the motion, court records indicate.
Permission was given by Edgartown District Court Judge Benjamin Barnes to release Max to a different person than before once her information was provided to the probation office. Court records show that information was provided. Records showing who Max was released to and where she lives have been sealed.
“She may take the dog off-Island,” Buck said. “Her primary home is off-Island. Both the court and the Edgartown Police reached out to the Edgartown animal control office on Monday to confirm the decision to hand over custody of Max to another third party, Buck said.
Asked if the dog could be fitted with a GPS collar, Buck said, “You can, I guess,” but she added that such a collar would be removable.
Tara Miltimore, spokesperson for O’Keefe’s office, didn’t respond to an email seeking comment.
Linhares’ attorney, Casey Jane Dobel, couldn’t be reached for comment.
Buck went on to say the dog is not new to Edgartown Animal Control. “A month or two ago,” Buck said she had to “quarantine [Max] for biting someone.” She said “it occurred at a house where the dog owner was staying.” She declined to say where that house was. No complaint was filed, she said, therefore there was no nuisance hearing.
Buck said the dog appeared happy to see the unnamed steward.“Apparently she’s done a lot of pet sitting for the owner,” she said.
Buck said she would have preferred Max to have been left in the custody of the Edgartown Animal Control Office or the Animal Rescue League. However, she reiterated, she was told to hand over the dog to the third party.
“She came to the pound to pick up the dog,” she said.
The previous third party, which she described as a couple, had the dog in their care before. When Max vanished, one of them called police. “She called me when she found the dog missing and she also called the police,” she said.
Asked if she thought the owner might take away the dog from the person who has it now, Buck said, “I think that’s a possibility, yeah.”
Reporter Lucas Thors contributed to this story. Updated with more details.
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