Dog death investigation: Attorney says there may not be much jai - FOX 10 News | fox10phoenix.com

Dog death investigation: Attorney says there may not be much jail time for those responsible, if convicted

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PHOENIX (KSAZ) - Even though some think it makes them look guilty, the Flake's don't have to say anything to investigators. That's what a FOX 10 legal expert says.

Being silent is what Austin and Logan Flake are doing. Maricopa County Detectives say they called Austin Flake but got no response. So detectives went to Utah where Flake lives but he told them to talk to his attorney.

"And I'm not going to criticize him for getting a lawyer," said Sheriff Joe Arpaio.

While the Sheriff won't criticize, the families of those who lost dogs, will.

And why won't Austin Flake and his wife Logan talk to investigators? They were the ones allegedly looking after the dogs when they died.

"But the Flake's are being very intelligent about this, because in reality if you tell your story, or you say something, somebody can twist those words, or they can take it wrong," said Monica Lindstrom.

Lindstrom said Detectives not only want to hear Austin and Logan Flake's story, but they also want to know what was going through their minds before the dogs died. That will determine what type of animal cruelty charges they could face, if any.

"The investigators and the county attorney are going to look at the mental state of the owners, and of the Flakes. Did they intentionally hurt these dogs? Did they do something on purpose to hurt these dogs? When that happens then you look at felony charges. If they were neglectful and they knew something was wrong with the air conditioning, but they didn't think it was that bad, then you're looking at more of a misdemeanor charge," said Lindstrom.

But will someone actually go to jail for the 23-deaths, Lindstrom says maybe, but it's not likely.

"In reality, what I see happening is if the county attorney files charges, I could see probation and maybe some jail time, but not a large amount of jail time," she said.

FOX 10 asked her why not jail time since there are 23 dead dogs. Lindstrom replied; "That's exactly what we have, dogs, dogs are not people. I understand people are very passionate about animals, I can appreciate that, but we're talking about dogs, not people."

Senator Flake has not returned calls from FOX 10 concerning his son's actions. He did make an appearance talking about immigration on FOX News on Wednesday.
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