[nagdu] Judge dismisses felony for service dog's death in Summit County case

[Ginger Kutsch]

Judge dismisses felony for service dog's death in Summit County case 

By Ed Meyer

Beacon Journal staff writer

Published: February 7, 2013 - 07:21 AM 

http://www.ohio.com/news/judge-dismisses-felony-for-service-dog-s-death-in-s
ummit-county-case-1.371200

 

A Summit County judge has dismissed the most serious charge against a Medina
County woman accused of fraudulent veterinary work and causing the death of
a Persian Gulf War veteran's service dog.

The stunning dismissal, which occurred late Wednesday when the state rested
its case and the defense then disputed each charge in what had been a
13-count indictment, played out over a full day of court proceedings.

Common Pleas Judge Paul Gallagher, hearing the case against Brandi A. Tomko
without a jury, ruled there was insufficient evidence to convict her in
connection with the death of Robert McGee's service dog Allie - 10 months
after Allie's first visit to the clinic where Tomko had worked.

"I don't think there was evidence that the bad medical advice given by the
defendant caused the dog's death 10 months later," Gallagher said from the
bench in his 4 p.m. ruling.

Along with the service dog charge, Gallagher also dismissed four other
counts against Tomko for lack of evidence.

The shrinking indictment now contains eight counts. 

 

Prosecutors had moved for dismissal of 27 counts before the trial. 

 

McGee, who was present for Gallagher's ruling, sat weeping in the front row
of the public gallery and, afterward, declined to comment.

The unusual defense win came after six hours of often emotional testimony. 

 

McGee, 48, who suffers from post-traumatic stress disorder and severe
arthritis in his lower back, walked into the courtroom with his new service
dog, Sam, at his side.

He then testified Allie died after she was treated by Tomko for diabetes and
bladder dysfunction.

Allie was 5 years old when she died in October 2011 after a series of
debilitating seizures.

"She just finally laid down, went to sleep and she never woke up," McGee
said, his voice faltering.

Tomko, 36, had been charged initially in a 40-count indictment for her
allegedly fraudulent work at Akron's C&D Animal Hospital on Brittain Road.

She is not a licensed veterinarian or a licensed vet tech, but had
prescribed insulin treatments for Allie.

The most serious charge was a third-degree felony for assaulting or
harassing a service dog. It carried a potential prison sentence of one to
three years if she had been convicted.

McGee said on the stand he had no doubt it was Tomko who treated Allie in
the first visit to C&D, Jan. 5, 2011.

He went on to identify Tomko, who was seated to his right at the defense
table about 15 feet away.

McGee even recalled Tomko wearing a white lab coat when she walked into the
treatment room.

"She just took one look at [Allie], without putting a hand on her, and said
she was diabetic based on the amount of urine on the floor," McGee said.

When McGee was asked why he didn't take Allie to another vet, after her
seizures continued for many months in the midst of the insulin treatments,
he told Gallagher: "I assumed Ms. Tomko was a vet and she knew what she was
doing, and evidently that was not the case."

Minutes later, his direct testimony ended. 

 

But under cross-examination by John Greven, Tomko's lawyer, Greven called
into question McGee's seemingly precise identification of Tomko.

A major building block of the defense, Greven said in opening statements,
was the argument that other veterinarians and technicians had worked at C&D
while Tomko was there.

Greven argued there was no solid proof it was Tomko who was solely
responsible for the fraudulent work.

In fact, Melissa M. Fisher, who is a licensed vet in Ohio, said she worked
at C&D at the same time McGee took Allie there.

Fisher testified further that she quit on Feb. 23, 2011 - close to seven
weeks after Allie's first visit.

When Greven told McGee what Fisher recalled - working on a diabetic service
dog - Greven then asked if Fisher could have been correct that she treated
Allie.

"No," McGee said firmly. 

 

Afterward, outside of court during the lunch break, McGee insisted he was
not mistaken.

As he stood in a third-floor hallway of the courthouse, with Sam sitting
calmly by his side, McGee said he was "absolutely certain" it was Tomko who
worked on Allie.

"The biggest thing I recognized immediately was this little spot on her
chin, and her saying, specifically, her name was Brandi," McGee said.

Tomko has an easily visible birthmark on her face, just above the right
corner of her upper lip.

McGee also testified that he found out Tomko was not a licensed vet when
another Akron man, Kenny Reymann, began an Internet campaign against Tomko
after his 12-year-old dog, Charlie, died from kidney problems after
treatment at C&D.

Reymann stressed that Tomko was the only worker who dealt with Charlie. 

 

Asked how he felt when he discovered the extensive online materials compiled
by Reymann, McGee said he was "extremely angry" with Tomko.

As he said that, Sam - a 6-year-old Samoyed and Labrador mix breed - sat at
his feet below the witness box.

Tomko, three attorneys, an Akron police investigator, several Cleveland
television crews and about a dozen spectators were present when McGee made
his entrance - with Sam never once making a sound or nervous reaction.

Ed Meyer can be reached at 330-996-3784 or emeyer at thebeaconjournal.com.

 

Woman accused in death of service dog 

The Columbus Dispatch

Thursday, February 7, 2013

 

AKRON - A woman accused of posing as a veterinarian and causing the death of
a service dog is standing trial in northeastern Ohio.

As the trial opened on Tuesday, a prosecutor called Brandi Tomko, 36, a con
artist who left many of the pets who came to her clinic for treatment maimed
or dying.

Tomko is standing trial on felony counts of forgery and identity fraud.
She's also facing multiple misdemeanor charges.

A prosecutor said the offenses occurred at an Akron clinic in 2011 after the
clinic's licensed veterinarian left as conditions there deteriorated.
Tomko's attorney said prosecutors can't prove she hurt any of the animals.

 

Source:

http://www.dispatch.com/content/stories/local/2013/02/07/woman-accused-in-de
ath-of-service-dog.html