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Wayne White
Managing Editor
The operator of an Osage County dog rescue foundation has felt the
teeth of the law again, after being arrested Saturday on marijuana
charges.
Randall Long, 53, was arrested by an Osage County Sheriff’s
deputy around 9 a.m. Aug. 16, during the third day of a four-day
benefit concert and campout held on Long’s property east of
Melvern.
Randall and Susan Long, who operate the Akita Adoption and Rescue
Foundation of Mid-America, have held several weekend concerts known
as Dogstock the past few years to raise funds for the foundation.
Despite Randall Long’s arrest, bands played during most of
the four days of the event but the number of attendees was low.
Contacted Saturday, Randall Long said a deputy had arrived earlier
that day at the gate at the private drive leading into the 81 acres
where the concert was held, and where the Longs live. Susan Long
spoke with the deputy who indicated he had an arrest warrant for
Randall Long. She then told Randall Long, who surrendered to the
deputy. He was later released on $1,000 bond.
Randall Long said he was arrested for possession of marijuana, possession
of paraphernalia, both misdemeanor charges, and failure to have
a drug tax stamp, a felony. He said he was informed the charges
were the result of a search of his house conducted in August of
last year. At that time, he said, the sheriff’s department
executed a search warrant seeking documents related to insufficient
checks alleged to have been written by Randall Long. He was charged
in May in Osage County District Court with 18 felony counts of giving
a worthless check and one count of misdemeanor criminal damage to
property.
According to a press release issued in the week prior to the May
Dogstock by Osage County Attorney Brandon L. Jones, the charges
stemmed from the July 2007 Dogstock. Jones alleged that Randall
Long wrote numerous bad checks for services provided at the event
such as bands, stage crews and vendors. The criminal charges covered
19 separate victims with a combined loss of $48,733.45, Jones reported.
Before the start of the May concert, Randall Long was jailed on
the charges, with bond set at $20,000. Although he spent two weeks
in jail before his bond was reduced and he was released, the May
concert was still held.
Delayed Arrest
Randall Long said the target of the August 2007 search of his home
were documents related to the worthless check charges. Instead,
he said, deputies searched all of his belongings and the grounds,
including the nearby home of an employee of the rescue foundation.
“They tried to claim their probable cause for exceeding their
search warrant – going into any bedroom, closet, under the
mattress, opening every box we had – was that we had incense
and lighters, but we didn’t seem to have cigarettes or ash
trays,” Randall Long said Saturday.
He said what was found during the search, which he claims was illegal,
was “crushed seeds and stems, no actual marijuana of any value,
and a couple pieces of paraphernalia.” Also confiscated during
the search were all of the couple’s checking account records,
which Randall Long said have not been returned. Other business documents
confiscated during the search have been returned – in trash
bags, he said.
Randall Long questioned the timing of his arrests that coincided
with the two events held this year. He noted the latest arrest warrant
was dated one day prior to an Osage County Planning Commission hearing
held at the Osage County Courthouse on July 29. The hearing had
been scheduled at the request of the Osage County Commission to
review the Longs’ conditional use permit for their property.
“I find the coincidence and irony almost frightening,”
Randall Long said.
“It’s an attempt, in my opinion, by [county officials]
to destroy my reputation and to destroy the credibility and viability
of my (dog) rescue,” he said.
Monday, Jones was questioned regarding the length of time between
the search and the filing of the marijuana charges. He responded
that he had received a report on the investigation about a month
ago, and once he received the report, he filed the charges.
Tuesday, Osage County Sheriff Laurie Dunn said the delay in filing
the charges “was an error on our part.”
She said the officer investigating the case no longer worked for
the sheriff’s office, having left the department over eight
months ago. Other officers recently questioned Jones, she said,
regarding why the marijuana charges had not been filed against Randall
Long. Jones indicated he had not received a report from the sheriff’s
office.
“That’s when he got the report,” Dunn said.
Dunn said she did not have information stating when the arrest warrant
was issued, but noted she and deputies were not always aware of
all arrest warrants issued.
No court documents regarding Randall Long’s latest arrest
were available to the public in the Osage County Court Clerk’s
office Monday. An employee in that office said the documents were
not yet processed and would likely not be available until later
this week.
Dunn said her office had no information that Randall Long would
be attending the planning commission hearing held July 29 at the
courthouse.
“I have no knowledge of any meeting on the 29th,” Dunn
said.
Permit Problems
The July 29 hearing was held after county commissioners William
Prescott and Carl Meyer acted on a recommendation from Sheila Dale,
county land use coordinator, to send the Longs’ conditional
use permit to the county planning and zoning commission for review.
The permit allows the Longs to operate their dog rescue on the agricultural-zoned
property.
When questioned after that decision, Prescott said he believed the
review of the permit was warranted due to “all the problems
that arose from last year’s Dogstock,” pointing to the
theft of an ATM machine from the concert site and the charges pending
against Long. Prescott said the Longs’ failure to apply for
a special event permit for the Memorial Day weekend event was also
grounds to review the conditional use permit.
Randall Long and Dale agree the July 29 hearing ended in postponement
of the permit review. They do not agree on the reasons it was postponed.
Randall Long said he and his attorney provided information to the
planning commission regarding the foundation’s work and conditional
use permit. He said the planning commission requested more information
that he agreed to provide. The meeting ended with the understanding
Dale would send the Longs a letter outlining the information needed
by the planning commission, he said.
Dale said the Longs had asked questions the planning commission
could not answer.
“We wanted to bring the planning consultant in to work with
the commission on the issue,” she said.
Dale said Monday the minutes of the July 29 meeting were not available
because she had not typed them yet. She denied The Herald-Chronicle’s
request to review written minutes of the meeting, saying they were
at her home.
Randall Long said instead of receiving a letter requesting more
information, he received a letter from Dale, dated Aug. 8, notifying
him he had violated Osage County land use regulations by holding
the May event.
A copy of the letter obtained by the Herald-Chronicle states, “You
are hereby notified that you must not hold the fund raising event
later this month unless you obtain the necessary Special Event Permit
from the Board of Commissioners.”
Dale said Monday that the Longs’ conditional use permit does
not allow the types of events that have been held on the property.
Randall Long disputes that, pointing to county land use regulations
specifically allowing fundraising events for nonprofit religious,
educational, or community service organizations. The regulations
also allow the foundation to hold two such events per year without
obtaining a special event permit, he said.
“When he starts bringing in vendors and music, that’s
when it goes to [another type of use],” Dale said. “If
there are campgrounds, there are wastewater issues; vendors, there
are food issues; a whole host of other issues.”
“What we’re contending,” Dale said, “is
they have to go to the board of county commissioners and get approval
just like they have in the past.”
Dale also contended that the dog rescue foundation did not fit the
definition of a nonprofit religious, educational, or community service
organization.
Randall Long said the foundation is recognized by the Internal Revenue
Service as a 501(c)(3) non-profit organization. The IRS definition
of 501(c)(3) exemptions are “charitable, religious, educational,
scientific, … and preventing cruelty to children or animals.”
Land Use Violations Alleged
Both Dunn and Dale said they have filed reports with the county
attorney regarding the Longs’ alleged violation of county
land use regulations for the May event.
Tuesday, Dunn said a deputy had confirmed an event was again held
over the weekend, and a report had been forwarded to the county
attorney alleging another violation had occurred.
Dale’s letter to Randall Long states, “If convicted,
you may be subject to fines up to $500.00 and a sentence of up to
6 months in jail, and each day of violation for each violation may
be counted as a separate offense.”
Following last year’s event, Dunn reported to the county commission
the concert resulted in theft of an ATM machine, alleged drug use
and complaints of loud music. At the time, Dunn said there had been
no arrests and no traffic problems associated with the weekend concert.
To date, no charges have been filed in connection with the ATM machine
theft.
Randall Long said he has heard no complaints from neighbors about
noise from any of the events.
“Nobody has ever OD’ed, been knifed or shot” at
the concerts, he said. “There’s never been a serious
incident.”
He also claims the sheriff’s office has refused to investigate
the theft of money from him, the result of which led to the insufficient
checks, and the theft of the ATM machine. He said he has provided
to the sheriff’s office the names of witnesses to the thefts,
but those witnesses have not been interviewed.
Randall Long said he understands he is to appear in district court
in September regarding all the criminal charges against him. Dale
said the planning commission will meet again Aug. 26, but the Longs’
permit review will likely be postponed until September because the
planning consultant will not be able to be present at the August
meeting.
Regardless of the outcome of the legal issues, Randall Long said
he wants everyone to know, “We love this county, we love our
land, we love these dogs, and we will continue to try to serve this
county with our rescue.” |
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