Dog woes: Judge Traynor donates $500 to animal shelter, criminal charges dropped for unleashed pet

In the Monday, July 29 edition of the Bismarck Tribune, page A3, there was a glaring headline: “Suspect in Bismarck chase and shooting resentenced.” The story, written by Tribune reporter Blake Nicholson, was in regards to a man who was involved in a high-speed car chase reaching speeds in excess of 120 mph, apparently within Bismarck city limits. The suspect also got himself into a gunfight with law enforcement officials. It can be easily surmised that this individual endangered the public, is considered a menace to society, and needs to sit and think about it for a while.

But that is not what caught my eye and interest in the article. Unfortunately, these types of stories are a dime a dozen today. The subheadline caught my eye: “Case had twist involving judge’s dog.”

The judge’s name? Dan Traynor, the presiding judge over the Tesoro case I am involved in and have written about in the past. It is the case that Traynor recently denied me and other named landowners any right of intervention on our behalf. The right of intervention is a very low legal standard to reach, but seemingly still unattainable by an individual Hidatsa trust land-owner according to Traynor’s liberal interpretation of the law.

It makes one think that Traynor must not want American Indians in his courtroom unless we are facing jail time. In his July 10 Order Granting Motion for Preliminary Injunction and Denying Motion to Intervene, U.S. District Court of North Dakota, he was more concerned about the rights of the alleged lawbreaker than mine.

Apparently, on May 3, Judge Traynor sentenced the individual to 16 years and eight months of jail time, but the next business day, he wiped out the sentence and removed himself from the case. He cited a conflict because it involved Bismarck Police officers. Traynor, the story reports, had been charged with a misdemeanor in municipal court for allegedly letting his yellow British lab, Mercy, run the streets, a violation of the city’s leash law.

Traynor at the time, is said to have publicly expressed his frustration that the city ordinance called for a misdemeanor, which can result in jail time instead of being classified as an infraction. He thought the law was unfair now that he was personally affected. An infraction is a much lesser offense that carries only a fine. Traynor stated that the situation could snarl dozens of cases in the federal court system because he would have to recuse himself from all cases connected to the city of Bismarck or its police force to avoid any potential perception of a conflict of interest.

The Tribune stated that Traynor resolved the situation through a pretrial diversion agreement with the prosecution. In it, he apologized for his dog Mercy getting loose, paid a $100 fine, and donated $500 to a local animal shelter. The resulting criminal charge against him was dismissed.

The story does not state how Mercy got loose or whether he untied himself to escape. However, It raises questions about whether Traynor’s “appearance” or political, social, and economic standing had anything to do with the case’s handling. Was Mercy shown mercy just because of who owns him?

Coincidentally, the answer appears to be yes. My Ashawii’s dog, Beans, a self-described rez-dog, barked in agreement when asked if she thought that was the case. Peaches kept running around playing in the yard and would not give any comment. They are the cutest little Pomeranians.

In an apparent response to the fiasco, on July 23, the Bismarck City Commission reportedly approved the introduction of a proposed revision of the city’s “running at large” ordinance. There was no discussion. The Tribune stated that a public hearing and final commission vote on approval will come later, possibly as early as the city commission’s next meeting on August 13.

The city attorney, the Bismarck Police Department, and the city’s Animal Advisory Board agreed to proposed changes in a new ordinance. The board and the police recommended that changes be made to include cats that are running loose.

Pancakes, a feline with ties to the Fort Berthold Indian Reservation, purred that she was happy that cats were included but stated if it were her that got caught by Animal Control, she would be in cat heaven right now.

She said she wouldn’t get the same treatment as Mercy the dog because she is just a barn cat that lives on mice and dry cat food. According to Pancakes, she would probably be euthanized, and sent to the city dump, or wherever, and her owner would have gotten 40 days, just like in the song.

Mashuuga Ikoshee Hidish

Gowitz