‘Process through the court system has been long and emotional,’ says owner of deceased pup

By Kim McDarison 

When Lindsey Davidson picked up her dog, “Cooper’s” ashes on Friday, she said it felt like she received some closure, but, she said, real closure would come with the prosecution of a Fort Atkinson dog trainer whom, she alleges, is responsible for the death of her dog. 

Cooper, an 8-month-old husky, died while in the care of Tammy S. Flemming, the owner of Fort Atkinson-based dog training facility Herman’s Hangout, which was operating from 54 E. Rockwell Ave. Cooper died on Sept. 10, 2020, after what Flemming has claimed in a criminal complaint was a training session which ended unexpectedly with a tragic result. 

What happened to Cooper?

Talking with Fort Atkinson Online by phone, Davidson recalled events leading up to Sept. 10, 2020. 

Describing herself as a parent of four “fur babies,” Davidson, Janesville, said she began looking for a trainer after Cooper began tugging on his leash. 

She hoped, through training, she said, that ultimately Cooper would be obedient both on and off of a leash. His pulling gave her concern, she said, that he might find his way into a road. 

“I wanted a safe dog,” she said.

Flemming came recommended through a friend, Davidson said. 

“She was excited about how well-behaved her dog was even off of a leash. I wanted that, too,” Davidson said, adding that as a former nursing home employee, she hoped Cooper could develop skills as a service dog. She envisioned visiting the nursing home with Cooper. 

“He was such a smart dog,” she said. 

Davidson said she was aware that Flemming used choke collars during training, but, she said, it was her understanding that the collar was only used while teaching dogs not to pull on a leash and it would be used skillfully. 

“I didn’t know that much about them. I didn’t know there could be this outcome if it was not used properly,” she said. 

When she dropped Cooper off for training, Davidson said, she had some reservations about the appearance of the facility. “I didn’t think it looked the greatest,” she said, but she trusted the trainer. “She seemed to know what she was talking about,” Davidson said. 

Davidson said she told Flemming that she wanted Cooper to learn how to walk on a leash without pulling. 

The training course in which Cooper was enrolled provided that he stay at the training facility for a period of five weeks. 

Two weeks after dropping him off, Davidson said, she came for a visit and was allowed to take Cooper for a walk. 

“He walked perfect,” Davidson said. 

During her visit, she said, she was instructed not to touch Cooper’s neck. She said she didn’t understand why, but wanted to respect his training. 

Davidson said her visit with Cooper was short, about a half an hour. Her visit was part of his training, and considered a reward, she was told, and the half-hour was the full length of the reward he was allowed, she said.  

Davidson followed the instructions she was given, she said. Of Flemming, she said: “I trusted her.” 

In hindsight, she said, she wished she’d asked more questions. 

On the day Cooper passed away, Davidson said, she arrived at the facility to collect him for a home visit. He had completed four of his five weeks of training. 

“I was told I couldn’t see him because he was misbehaving,” she said. 

Davidson described remorse over losing the home time with her pup. 

“I looked forward to the home visit,” Davidson said, describing a very emotional drive home after leaving the facility. 

Not feeling well, she said, she went to bed. A message was left on her answering machine. When she woke, sometime after midnight, she listened to the voicemail. 

It was from Flemming, she said, informing her that Cooper, while in the process of being moved between place blocks — a training tool that looks like a platform — one of his back legs went limp and he fell to the ground. 

After hearing the message, Davidson said she called Flemming, and Flemming worked to explain the earlier events. At one point, Davidson said, she asked if her dog was still alive. 

She was informed that he was not. 

Upon hearing the news, Davidson said she drove to the training facility. She called the Fort Atkinson Police Department for help. 

An officer met her at the facility. 

Davidson said Flemming admitted that she had “messed up,” and put “too much pressure” on Cooper during his training. 

Flemming retrieved Cooper’s body from a freezer and placed it on a couch. 

Davidson said she collected the body and brought it to the emergency veterinary hospital in Madison. 

His body was next taken to the lab for a necropsy the results of which were reported on Sept. 25. 

According to the criminal complaint submitted to the Jefferson County Circuit Court by the Fort Atkinson Police Department, Dr. Philip N. Bochsler, a veterinarian working with the Wisconsin Veterinary Diagnostic Lab at the University of Wisconsin, performed a necropsy on Cooper. In the doctor’s report, it was noted that the “findings in this case are consistent with strangulation.” 

Marks around Cooper’s neck, the report stated, were “consistent with the presence of a tight, constricting band or ligature, such as a sliding loop or rope, cord, chain or a pinch/choke collar.” 

According to the complaint, police spoke with Davidson on Sept. 11, at which time she said that Flemming had told her that she had “pushed the dog too far and that she (the defendant) messed up.” 

Police also interviewed Flemming. 

According to the complaint, Flemming said at approximately 10:30 p.m. she had been training Cooper with a choker chain. She was using a method called “release of pressure,” which, the complaint states, means the dog will decide how much pressure is applied to achieve compliance.” 

Flemming said it was common for dogs to yelp or react to the chain. “That is when they know to relieve the pressure,” Flemming told police according to the complaint. 

Cooper had been in training with Flemming for four weeks on the night that he died. He had been doing very well on the choker chain, but the complaint noted, he was starting to engage in a “power struggle” with Flemming, and had begun “fighting” her by thrashing his head back and forth. The activity caused Flemming to introduce more pressure on the chain, the complaint stated. 

On the night that he died, the complaint noted, Flemming had used a command that Cooper had successfully responded to in the past to gain compliance and stop the thrashing. Cooper kept fighting, according to the complaint, and Flemming noticed the dog’s back legs were becoming weak, and then she released the chain. 

Flemming said she observed Cooper as he began to breathe shallow and slow. She gave the dog mouth-to-mouth resuscitation and chest compressions. She also thought to “grab some honey,” which, the complaint noted, she was aware could be used with some dogs experiencing low blood sugar. 

“Her attempts to save Cooper were unsuccessful and Cooper died,” the complaint stated. 

“Tammy stated she did not recognize that Cooper was in trouble and not fighting with her soon enough,” the complaint continued. 

According to the complaint, Flemming was asked what she believed happened to Cooper. She responded, by saying “she believed he had an adrenaline rush and was possibly over exerted as she did not recognize it soon enough…” the complaint reported. 

Court proceedings: from misdemeanor to felony 

According to court records, a criminal complaint in the matter was filed with the Jefferson County Circuit Court on Oct. 28, 2020. 

After Cooper died, court records show, Flemming was charged by the state with intentionally mistreating animals, a misdemeanor crime. 

On Oct. 29, 2020, Flemming was issued a summons ordering her to make an initial appearance within the Jefferson County Circuit Court on Nov. 30, 2020, at which time, court documents state, the court informed Flemming that the charges against her were being upgraded to that of a felony. A process was underway to close the misdemeanor case against her and open one with felony charges.

A signature bond of $1,000 was ordered for Flemming with the conditions that she not engage in any type of animal training and boarding, and she not care for any animals that she did not own. 

Flemming was ordered by the court to report to the Jefferson County Sheriff’s Office for booking and to the Jefferson County Clerk of Courts Office to sign the signature bond on Dec. 4, 2020. 

Failure to appear, the court stated, would bring a warrant for her arrest. 

In December of 2020, the court ordered a public defender for Flemming, appointing Joseph M. Ricker. Also in December, Flemming informed the court of a change of address, from 54 E. Rockwell Ave., the location from which the canine training and boarding facility was operated, to another address within Fort Atkinson. 

In January of 2021, during a status conference, Flemming asked the court if she could “represent herself.” Court documents state that the court found Flemming “non responsive to the court’s questioning,” adding “the court finds that Ms. Flemming does not have the capacity to represent herself.” 

During a motion hearing on March 25, Flemming verified for the court her wishes to represent herself, presenting a letter she wrote asking for the discharge of her court appointed public defender. After the court advised Flemming of her right to counsel, Flemming waived her right and again requested the discharge of her public defender. The court granted the request. 

During the hearing, Davidson’s attorney, Dan Jardine, noted that he was appearing on behalf of two clients: Davidson, the named victim in the case, and “a separate person C.P.” according to court documents. 

During the March hearing, the court officially dismissed the initial misdemeanor case against Flemming and opened the state’s felony case. The conditions of the earlier ordered signature bond remained in place. 

A preliminary hearing for the felony case was scheduled for April 13, 2021. 

The felony case, filed by the state against Flemming, has a filing date of Nov. 19, 2020. 

According to the criminal complaint, filed on the same day, the Fort Atkinson Police Department recommended charges of one count of mistreatment of animals, which the complaint stated, was a class I Felony, carrying, upon conviction, a fine of up to $10,000 or imprisonment for not more than three years, or both. 

As a felony case, charges against Flemming are filed on the Wisconsin Circuit Court Access website as “mistreatment of animals/cause death.” 

Flemming has entered a plea of not guilty to the charges. 

Bench warrant and judgement issued 

During an arraignment hearing scheduled for June 14, court documents note that Flemming did not appear. The court ordered a bench warrant, finding the signature bond to be in default. 

On July 26, court documents note that Flemming again did not appear, this time to a bail/bond forfeiture hearing. The court further noted that the previously ordered warrant for Flemming’s arrest remained active. 

On July 29, the court issued a judgement against Flemming in the amount of $1,000. 

Civil case 

Also decided in the court system was a small claims case filed by Davidson against Flemming on April 12 of this year. 

In that case, the court found in favor of Davidson, awarding her $5,368.55 to be paid by Flemming. In the civil matter, a hearing was held via Zoom on May 26. Flemming did not appear. Default judgement was granted in favor of Davidson. The amount awarded, according to court documents, represented an amount paid to Flemming for services, statutory costs and attorney’s fees. 

The road to closure

While the training facility in Fort Atkinson appears closed down, some information is available online through Yelp.com. According to the website, Herman’s Hangout was established in 2014, first as a dog daycare, and then as a boarding and training facility. 

Under a heading of “Meet the Business Owner,” a description of Flemming notes: “Having been in corporate America for far too long, I decided to pack up my desk and open a dog daycare. The change in career paths was refreshing. Once in the groove of things, I quickly realized my passion was not watching dogs, but training them.

“The most rewarding part of being a trainer is being able to see a dog and handler work together to achieve a common goal. Dogs belong with their families, not on the couch. Building a dog who can go on picnics, camping, hiking, swimming, and just plain hanging out in dog friendly public venues is a priceless reward which never gets old.”

A link to the Yelp.com page, which includes some photographs of dog-training activities, is here: https://www.yelp.com/biz/hermans-hangout-fort-atkinson. 

While bringing Cooper’s ashes home brought some closure, Davidson said, full closure, for her, will not come until Flemming appears again in court and justice, “whatever that might be,” she said, is served. 

Davidson said Cooper’s remains were kept as evidence and were released for cremation on Wednesday. She brought him home on Friday. 

“The process through the court system has been long and emotional. These court dates, they hurt. It’s a tough process and I haven’t been able to heal (and) to have closure of the case and mourn him. That’s what’s needed at this point,” she said. 

Since winning her civil case, she said, she has not received any money from Flemming.

She doesn’t know if she will ever be paid, but, she said, it is important to her that people understand that it isn’t about the money. 

“It’s all for the love of Cooper. I just want justice,” Davidson said, adding that she also wants her story to be heard. 

A link to the full criminal complaint is here: http://fortatkinsononline.com/wp-content/uploads/2021/08/Complaint-Filed-2020CF000477-Flemming-Tammy-S_2316034_1.pdf.