Tuesday, July 18, 2006

Dogs avoid death sentence

By MARSHA DORGAN, Register Staff Writer

Mercedes and Pismo have been spared the fate of the Grim Reaper.

The two pit bulls that last month charged a Napa police officer, who shot and wound one of the dogs, were not ordered euthanized but still cannot go home.

At a dangerous and vicious dog hearing Monday -- the panel made up of city code enforcement officer Jane Thomson, Napa Police Sgt. Pat Manzer and Napa veterinarian Lorinda Fullini agreed to let Mercedes, a 2-year-old pit bull and her 1-year-old male son Pismo live. The decision didn't come without a costly and lengthy list of restrictions to be decided next month.

The pit bulls are owned by Terry Young and her daughter Shawna. The women attended the hearing and promised to do anything the panel recommended to save their animals from being euthanized.

After four hours of testimony, the panel deemed both dogs to be dangerous but did not order them destroyed. The panel and asked the Youngs to return on Aug. 9, with a proposal ensuring the dogs would not pose a danger to the public if returned to the family.

Since March, there have been four reported incidents from the public stating the Young's pit bulls aggressively confronted them and/or their animals.

The pit bulls got loose June 20 from their condo in the 2300 block of Clay Street and chased a 12-year-old girl who was walking to her friend's house. Within a short time in the same neighborhood, they cornered Angela Barner, a Register delivery contractor, while she was delivering papers in the complex where the dogs live.

Pismo got loose around 11 p.m. June 8 and attacked a Otis, a pug being walked by its owner Steward Morris on Clay Street.

Then in March, the canines charged at Joy, an 8-pound Shitzu being walked by her owner, Betty Rhodes.

One by one, the victims took the stand to tell panel of their experiences with the pit bull duo.

Barner said the dogs cornered her at the condo walkway.

"I was delivering the papers, and I saw a dog barking, snarling and growling at me. Then out of now where there was another dog. They were inches from me. I had no where to go. I started banging on the front doors, screaming, 'Help me. Help me.' I had on shorts. I held the newspapers in front of my legs so they couldn't rip my legs to shreds. They were within inches of me," Barner said, sobbing and wiping her eyes. "I have been never so terrified in my life."

Barner was able to call 911 on her cell phone and jump a fence to safety when the dogs were distracted and left for a moment.

It was then Napa police officer Gregg Lee arrived after hearing a dispatch report of a dog attack on Clay Street.

Lee testified at the hearing when he arrived, he got off his police motorcycle and the dogs came running around the corner of the walkway.

"I could hear a woman screaming. The pit bulls charged me. I pulled my gun. I stepped back, but they were fully charging me and showed no signs of stopping.," Lee said.

Lee said he fired and hit Mercedes. The dogs ran off.

Attorney Bruce Laning, who is representing the Youngs, stated the dogs had attacked other small dogs -- which they were capable of killing -- but they never inflicted any serious injuries. He also repeatedly stated the dogs had the opportunity to harm the humans but did not do it. Rhodes testified she was walking Joy when she noticed the garage door was open where the pit bulls live.

"The large pit bull lunged at Joy, grabbed her by her head and then dropped her. I was yelling and kicking at the dog. I ran all the way home. I have a pacemaker," said Rhodes. "Even though the dogs didn't bite me, it was the most frightening moment of my life."

Morris said Pismo grabbed his pug Otis by the neck and "shook him like a chew toy. It finally let go when she (Terry Young) came out and broke up the fight." Otis suffered puncture wounds to his neck and had to be treated at the vet.

Terry Young testified the dogs were gentle, loving and not aggressive. "We will do whatever the board recommends to keep our dogs alive," she said, dabbing tears from her eyes.

Adding security

Young said they are in the process of installing new doors and security screen doors.

It is believed the dogs escaped June 20 through a faulty door leading from the house to the garage. The garage door was open. The Youngs have also agreed to build a security-proof kennel kept in their 12-by-15-foot patio to restrain the dogs. They offered to build a concrete fence next to the existing wooden fence around the patio.

However, since they live in a condo, subject to rules and regulations, the improvement must be approved by the home owners association.

Napa County Sheriff's Sgt. LeRoy Anderson, who heads up the animal control unit, testified he did not believe the Youngs could control their animals.

"The animals have gotten loose and people have had to take defensive action to protect themselves. I'm not about to release those animals. What struck me when I talked to the owners is that they admitted it was their fault the dogs got loose, but anything that happened with people or other animals was not their fault ... the dogs were either playing or the victim was exaggerating or lying," Anderson said.

Craig Roche, property manager for Willow Creek condo association where the Youngs live, gave the panel a petition signed by 23 homeowners who do not want the dogs returned to their owners..

Although the panel has spared the dogs lives, it does not mean they will be reunited with their owners. If the Youngs cannot present a plan that the panel deems will keep the dogs in a restrained area and keep the public safe, they can elect to order the dogs be relocated to another county.

Meanwhile while the process continues, the boarding bills at the animal shelter keep mounting for the Youngs. Each day Mercedes and Pismo spend in the shelter, it tags on another $30 to their room and board.

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