A Talladega police officer has been placed on administrative leave with pay pending the completion of an investigation being conducted by the Talladega County District Attorney and Sheriff's offices into his alleged participation in a videotaped dogfight.

According to Talladega Police Chief Alan Watson, the suspension was effective November 9th. The officer in question was hired Sept. 21, Watson said.

The incident shown on the tape "apparently took place sometime in August, prior to his being hired as a police officer," Watson added. "We haven't determined an exact date yet."

The Talladega Police Department completed its investigation and the tape and other evidence collected has been turned over to the District Attorney's Office. "We believe the tape was made somewhere in the Munford area, outside our jurisdiction," Watson said. "We did the preliminary investigation because he was a city employee."

District Attorney Steve Giddens explained that "it is a class C felony in Alabama to fight, or to keep or train dogs to fight, and the policy of this office is that we take that seriously.  I expect all of the individuals involved in this incident to be charged once they have all been identified."

Meanwhile, Officer McElderry's dog and the two larger dogs shown in the videotape were all confiscated, as required by law, and turned over to the North Talladega County Humane Society.

All three animals were at the Talladega Animal Control Office, waiting to be picked up by a representative of a Birmingham-based organization called The Emergency Animal Rescue Service, or TEARS, according to Humane Society Secretary-Treasurer Joyce Hutchinson.

The dog did not appear to be in good health. In addition to being visibly malnourished, "he has terrible mange, and all kinds of worms," Hutchinson said. The animal also had several large scrapes, including one down the side of his face, had one missing canine tooth and several broken claws.

The dog, which Hutchinson guessed is about six months old, also had a pink tongue. This is relevant because, at one point in the videotape when the dog has been pinned by one of the larger dogs, the tongue was blue. Dr. Dale Lowry of Talladega Veterinary Clinic and Dr. Sally Smith of Sleeping Giant Veterinary Clinic both pointed out that this could either be a sign of the smaller dog not getting enough oxygen, or it could be the natural color if the dog had sharpei or chow-chow blood in him.

The North Talladega County Humane Society offers cash rewards of $100 to $1,000 for information leading to the arrest and conviction of any individual involved in any type of animal cruelty. "The amount of the reward depends on the severity of the cruelty," Hutchinson explained. "Generally, the rewards will be much higher for information on dog-fights because there are so many factors involved."

TEARS, according to founder and director Terra Cotromano of Birmingham, is a statewide organization that takes in abused animals, attempts to rehabilitate them and place them in good homes. The organization, took some 1,423 calls and handled a total of 1,069 animals in 2000. They took on an additional 459 cases through April 2001. They handle almost any kind of animal, not just dogs, Cotromano said.

"Rather than simply destroying the animals, we review the cases, work with them, try to rehabilitate them, see if they really are retrievable. We've had pretty good success." Individuals wishing to adopt are subject to an extensive interview process and background checks. "We've even had some dogs that we placed come back to visit us," Cotromano said. "That's a very rewarding experience."

Update 11/13/01:  Talladega Police Officer General McElderry was placed under arrest and charged with one count each of participating in a dogfight and animal cruelty, according to Talladega County District Attorney Steve Giddens. McElderry was released on $5,000 bond.

Participating in or attending a dogfight is a Class C felony in Alabama, punishable by one year and one day to 10 years in a state prison, Giddens added. Animal cruelty is a Class A misdemeanor, punishable by up to one year in jail.

Giddens said it is too early to say if the animal cruelty charge might be considered as a lesser included offense.

Talladega Police Chief Alan Watson said McElderry had agreed to turn himself in, after being served with an arrest warrant. "I will be meeting with him in regards to his employment status with the city," he said.  "I can't say I'm shocked by his arrest," Watson continued. "I met with the DA and I stand behind his decision. I know he applies the law fairly, and he will do so in this case, for everyone involved.  "It's an unfortunate situation for McElderry," Watson concluded. "We don't like to see one of our own in trouble, but we stand behind the laws of our city, state and federal government."

McElderry has been a Talladega police officer since September.

The controversy around McElderry has been building since a videotape showing him and several other individuals involved in an alleged dogfight surfaced. McElderry's is the only face visible on the tape, but police identified all of the bystanders with his cooperation. These individuals are also likely to be charged.

The tape shows what appears to be a pit bull puppy (belonging to McElderry) on a chain struggling with two larger dogs. At one point, one of the dogs appears to have McElderry's animal by the throat, with the smaller dog's tongue turning blue, indicating lack of oxygen.  The smaller dog offered little resistance, lying on his back in a submissive stance for most of the tape.

The fight shown on the tape is believed to have taken place in the Munford area sometime in August.

Update 11/14/01:  McElderry tendered his resignation to Police Chief Alan Watson.

"McElderry's letter officially resigning his position was received and accepted," Watson said. "His letter was not specific, it just said that due to his current circumstances, he felt it was in his best interest to resign."

Watson added that had McElderry not resigned, he would have been terminated.

Talladega County District Attorney Steve Giddens said that it is too early to say for certain if the animal cruelty charge will be considered as a lesser included offense.

Although no other arrests had been made, all the other individuals on the tape (who were shown only from the neck down) are also guilty of a class C felony for knowingly attending a dogfight.

Update 12/19/01:  Talladega County District Court Judge George Sims issued a warrant for the arrest of former Talladega police officer General McElderry, who failed to appear at his preliminary hearing.

The allegations stem from a videotape showing him and several other individuals involved in an alleged dogfight broadcast on a local television station.

McElderry's is the only face visible on the tape, but police identified all of the bystanders with his cooperation. Giddens said warrants have been issued for two of the other individuals on the tape, but neither had been taken into custody.

According to Giddens, McElderry will be arrested on Sims' capias warrant, and probably be held in jail until the next round of preliminary hearings on Jan. 29. Following that hearing, the case will likely be bound over to a grand jury.

If the grand jury hands down an indictment on the felony dogfighting charge, McElderry would then be entitled to a jury trial.

The smaller dog offered little resistance, laying on his back for most of the tape. According to Talladega veterinarian Dr. Dale Lowry, "When a dog is in a submissive mode, he expresses that by rolling over on his back and exposing his underbelly, as the smaller dog did on the tape. He clearly had no fight in him."

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