Vet Charged with Larceny for ‘Rescuing’ Dog: Understanding Michigan Dog Ownership Laws

In a Grand Rapids, Michigan case that’s capturing headlines, a veterinarian faces larceny charges for what she considered a rescue of an elderly dog tied to a truck. This incident shines a light on the complexities of dog ownership laws in Michigan, raising questions about when intervention is justified and what constitutes legal ownership. Understanding these laws is crucial for both pet owners and those who may encounter situations involving seemingly distressed animals.

The Case of Biggby/Vinny: A Rescue Gone Wrong?

The story revolves around a dog known as both Biggby and Vinny. In November 2024, Amanda Hergenreder, a veterinarian from near Frankenmuth, was attending a conference in Grand Rapids. While getting coffee, she noticed a pit bull mix tied to a U-Haul truck outside a coffee shop. Concerned about the dog’s condition, which she described as lethargic and neglected with no food, water, or shelter, she contacted the police and a local animal shelter. After allegedly receiving ambiguous advice, she took the dog back to her clinic in Millington, MI.

Back at her practice, Hergenreder provided the dog with approximately $3,000 worth of veterinary services, including treating a severe urinary tract infection and removing a rotten tooth. She named him Biggby, after the coffee shop where she found him, and claims he has since thrived under her care.

However, Chris Hamilton, who is currently unhoused, came forward claiming to be Vinny’s owner. He stated that he had only left Vinny tied to the truck for 30-45 minutes while he went to a gas station and that Vinny had been his companion for 15 years. Hamilton wants his dog back, leading to the larceny charge against Hergenreder. Jury selection is scheduled for March 6, 2025.

Defining Dog Ownership in Michigan

Michigan law defines a dog’s “owner” broadly. According to the Dog Law of 1919, an owner is not just someone with a “right of property” in the dog, but also anyone who:

Keeps or harbors the dog.
Has the dog in their care.
Permits the dog to remain on or about any premises occupied by them.

This definition can create ambiguity, especially in cases where someone is temporarily caring for a dog or when a dog is found stray.

Proving Ownership: What Evidence Matters?

While Michigan law defines ownership, it doesn’t explicitly state what constitutes sufficient proof. However, several factors can help establish ownership:

Licensing and Registration: Michigan law requires all dogs over four months old to be licensed. Licensing provides a legal record of ownership.
Identification Tags and Microchips: A collar with current ID tags and a microchip registered to the owner are strong indicators of ownership.
Veterinary Records: Veterinary records showing the owner’s name and address can serve as proof of care and ownership.
Purchase or Adoption Records: A bill of sale from a breeder or an adoption contract from a shelter can establish initial ownership.
Testimonials: Statements from neighbors, friends, or family members can support a claim of ownership.

In the case of Biggby/Vinny, the lack of clear identification on the dog and the conflicting claims of ownership are central to the legal dispute.

Larceny and Animal Ownership: What the Law Says

Larceny, the crime with which the veterinarian is charged, is defined as the unlawful taking of the property of another with the intent to steal it. In Michigan, the penalties for larceny depend on the value of the stolen property.

While dogs are considered personal property under Michigan law, their value often extends beyond monetary worth. The emotional bond between humans and their pets is significant, and the law recognizes this to some extent.

The Michigan Penal Code addresses animal-related crimes, including animal cruelty. While the veterinarian’s actions were arguably motivated by concern for the dog’s well-being, the legal question is whether she had the right to take possession of the dog without the owner’s consent.

When is “Rescuing” a Dog Justified?

This case raises a critical question: When is it legally and ethically permissible to “rescue” a dog that appears to be in distress? While compassion is a natural response, it’s essential to consider the legal implications.

Generally, it’s advisable to contact local animal control or law enforcement if you believe a dog is being neglected or abused. These agencies have the authority to investigate the situation and take appropriate action. Taking matters into your own hands can lead to legal complications, as the veterinarian in this case has discovered.

Advice

Always err on the side of caution: If you see a potentially neglected or abused animal, contact the authorities.
Document everything: If you do take temporary care of an animal, document its condition, any attempts to find the owner, and any veterinary care provided.
Understand your local laws: Familiarize yourself with Michigan’s dog ownership laws and animal control ordinances.
If you are going to leave your dog unattended make sure it has water, shelter, and is properly secured.
If you are going to take an animal, contact the authorities to make sure you are doing it legally.

Conclusion

The case of the Michigan veterinarian charged with larceny highlights the complexities surrounding dog ownership and animal welfare laws. While her intentions may have been good, her actions have led to legal trouble. Understanding Michigan’s dog ownership laws, properly identifying and licensing your pets, and following the correct procedures when encountering a distressed animal are crucial steps for responsible pet ownership and avoiding potential legal issues. If you have questions about your rights and responsibilities as a dog owner, consulting with an experienced attorney is always a good idea.