Tuesday, March 8, 2005 | 9:33 a.m.
A Henderson Municipal Court judge on Monday unexpectedly delayed for three weeks a decision on whether a woman can keep two emus as pets.
The announcement by Municipal Judge Douglas Hedger during the trial Monday morning of Louise Andrews, who is charged with two misdemeanor counts of keeping the emus, was a surprise because Municipal Court verdicts are typically rendered on the same day.
Hedger said he needed more time to review a court brief filed by Andrews' attorney, Patrick Orme, who argued that emus are permitted in Nevada and neighboring states and shouldn't be banned in Henderson. Hedger's decision is to be announced March 28.
Orme said it may be good news for Andrews that Hedger wants more time to review the case, instead of issuing his ruling immediately after the trial as is customary in misdemeanor cases.
"I think it is better than him handing down a guilty verdict today," said Andrews, who had several family members and friends in the court room. "I think it is a good sign because he wants to look at more information."
Robert Zentz, the city prosecutor handling the case, declined to comment.
Zentz put three city employees on the witness stand Monday to try to prove his case. He said Andrews violated the city's ordinance by keeping wild animals illegally and violated a restriction on keeping fowl at her Belfast Street home.
Horses are allowed in the area but not fowl. Andrews moved into her home in September.
Animal control officer Kathleen Pace testified one of Andrews' neighbors in September complained to the city about the emus.
Animal Control Administrator Gary Weddle, a veterinarian, testified that although emus aren't listed as a wild animal banned by the city, emus met that definition. The emus, which are found wild in Australia, aren't found naturally in Nevada, he said.
Orme tried to counter that argument by getting Weddle to admit that only one resident complained. No emus have escaped from a pen, and no emu has attacked a resident, Weddle said.
Orme told Hedger that the Nevada Department of Wildlife doesn't consider emus wild and allows them to be kept without a permit. The U.S. Department of Agriculture defines emus as domesticated birds, Orme said.
"Their behavior is not indicative of wild animals," Orme told Hedger.
Zentz tried to portray Andrews as someone who snubs her nose at city ordinances and the state's laws. She admitted she didn't have licenses for her two dogs and still had an Oregon driver's license and Oregon plates for her vehicle even though she has been here longer than 30 days.
"Whether the emus are docile is not relevant," Zentz said told Hedger. "They are wild animals. We do not allow wild animals to be kept as pets."
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