Shots Fired – Police and Prosecutors “Lose the Paperwork”
The public is entitled to safe streets. Without a doubt, one who will try to kill you or your children should be the first priority of law enforcement authorities. When the potential killer is a vicious dog, however, we are seeing unconscionable lapses on the part of animal control, police and prosecutors.
The latest story comes to me from Delaware County, Ohio. Last December, pit bulls attacked a man on the street and police had to shoot at them. They got away but their owner was identified. Police reports were filed but the prosecutor’s office said the same were not received. Then in April, the same dogs attacked a woman standing on her front porch and police had to shoot at the dogs again. This time, charges were filed — but too late to protect the second victim.
For all we know, there could be a good explanation as to why this prosecution did not go forward in December. At this time, however, the public has reason to question whether the police and prosecutors are performing at adequate levels with regard to dangerous dogs. The public needs to know that someone is monitoring the performance of the people who were entrusted with the safety of the community.
A couple of years ago, I was contacted by the family of Jennifer Lowe, a 21-year-old young lady who was mauled to death by pit bulls that savaged her for more than 30 minutes. It turned out that sheriffs had shot at the dogs in the past, the animal control department had declared the dogs to be vicious, but law enforcement officers then took no steps that would have saved Jennifer from her brutal fate. As a result, the renowned Tennessee lawyer Wayne A. Ritche II and I sued several parties including the County of Knox, Tennessee, because of the inactions of the Knox County Sheriff’s Department and Knox County Animal Control. Following a detailed judicial evaluation of the case, Knox County offered a confidential settlement which was acceptable to Jennifer’s family.
Since then I have been pursuing similar cases against the authorities in other areas of the country. The lesson that public officials must learn from these lawsuits is that they must take vicious dogs out of the hands of irresponsible dog owners and off our streets. The dangerous dog laws must be enforced. If the authorities fail us in this important duty, the victims will have their day in court.
We adopted a dog from a private animal shelter that had a
history of aggression. He had attacked a small child in his
original home. They told us that it was over food, but that it was
unfair to the dog because the family did not know how to manage the
dog & child together. So we adopted. In the 2.5 weeks that
we had the dog he bit me once, my husband twice, then attacked one
of our small dogs, then savagely attacked my husband resulting in
19 puncture wounds, crush & nerve damage, and limited range
of motion in two fingers, and in his hand/wrist. We have had him
declared a dangerous dog; but the shelter has a long history of
wrong-doing- and the shelter manager has a relationship with the
Assistant DA- who takes actions to protect her. They had another
victim like ourselves actually arrested- and keep postponing his
trial so that he will be worn down and accept a plea. When the
shelter was served with the dangerous dog order they refused to
produce the dog to the dog control officer. They are now in
violation of the court order, and today we served them with an
order to show cause. We also filed a complaint in to the NY
Committee for Professional Standards against the DA’s Office; and
the Board of Judicial Review against the Judge. The NY Regulations
require a dangerous dog case to be heard within 5 days. It has now
been two months. They still have our dog (they took him because
they told us that BY LAW they had to quarantine him and euthanize
him, so we complied. But when we called to get his body back for
home burial they informed us that they were going to adopt him out
to another family. After biting in the first home, then in our home
on 5 separate occasions, and having been declared a “dangerous dog”
this insane shelter fully intends to still adopt him out. We are
trying to block this by using the dangerous dog law; but in our
County, it appears that they do not care about public safety… but
only protecting one of “their own”. We are still waiting for the
outcome. They must now come to court on Friday to show why they
should not be held responsible for relinquishing the dog to us. We
are waiting in fear to see what the DA will do to interfere! This
sort of blatant disregard for public safety should not be allowed.
We are animal lovers, and have rescued many animals. But this dog
triggers in a sudden and unprovoked manner. A child or a less fit
adult would have certainly been killed in my husband’s position. It
took a dog control officer to contain the dog after the attack when
my husband was wounded. We have just ordered some of your CDs, and
can’t wait to get them. I hope it is not too late to use those
resources to help with our case. Thank you.
Kim Lawrence
September 21, 2010 at 9:19 pm
There should be some type of registry where people can publish their experiences with specific adoption groups and shelters. There are states that have such registries for dangerous dogs, so why not the people and groups that are putting those dogs on our streets and in our homes?
Kenneth Phillips
December 21, 2010 at 11:57 pm
That is very sad to hear
Tom McCan
October 8, 2010 at 6:49 am
Dear Mr. Kenneth Phililips, While we were away (to pick up
our boys from school) and our dogs were in our backyard, our
neighbor’s dog broke through the fence and attack our dogs, causing
a puncher lungs in one and limp in another. Luckly the one week
puppies were find. The neighber, lets call him Adam, apolized and
offer to pay for the medical expenses. When we present the vet
bills (7K) to him, he refuses and began a series of threatening
attitutes toward us. Our dogs get very upset (lots of angry
barking) when in their presents. For a while we do not see Adam’s
dog, since 11/10. But recently the dog is back. Though the fence
the dog is very agressive and I fear for myself and my family. My
fear of what possible outcome is prompt me to do some research on
the internet. What are my options? My husband and I have ask
around, but we kept getting the run around. No straight answers and
that we don’t have proof that Adam’s dog attacked and bite my r. We
live in Stafford, Texas where the “one dog bite rule” exits (from
reading your website). Your website is very informative and help me
come to a better understand of the one dog bite rule. I am very
frustrated, because my husband has file a report with the police (a
couple days after the attack, he was still in shock because he love
his dogs) and the police did nothing about Adam’s dog. We have
proms while Adam has a pit bull. They didnot even come over to exam
Adam’s dog. There is no sign on Adam’s fence saying “Beware of Dog
bite”. Prior to our dog being attack, our neighber, Tim had a run
in with the dog. Tim live two house down from Adam. The dog was
coming out of Adam’s car and charged at Tim and his kids. Luckly
Adam stop the dog before it attack, because Tim was with his
children. Prior to the attack, Adam made my husband an offer to
fortied our share fence. Where the cost is share by both. Of
course, my husband refuse. Why should we pay for Adam’s mean
aggressive dog? Now we are paying it in other ways. Sincerely, Mary
Nguyen (angry and frustrated)
Mary Nguyen
November 9, 2010 at 4:58 am
Hi,
I noticed that my humble dog had been shot at. The wound looks suspicious (bullet/pellet like wound) and the poor animal is limping. The sad thing is that the dog, once an active and noisy pet, now use to hide behind the house. I believe it’s stressed and frightened now. It would roam once in a while around the neighborhood in the day. It would spend most of its time resting behind the house. It is not an agressive/offensive animal, especially towards human. It’s loud barking is quite annoying. My dog isn’t registered with the local authority – not a common practice in our neighborhood.
A couple of years ago I heard rumours of police shooting at dogs including stray ones within public vicinities. My question is – is it legitimate for the police to shoot at dogs within public places as they wish?
I believe the police or the local authority should issue some kind of notice to the public that all straying pets be chained or confined before any operation is exercised.
Thank for reading.
Regards.
Richard
January 8, 2011 at 4:22 pm