[ SHOWGSD-L ] Dangerous,Vicious in VA help
- From: stoneshep2@xxxxxxx
- To: showgsd-l@xxxxxxxxxxxxx
- Date: Tue, 26 Feb 2008 17:15:52 -0500
-----Original Message-----
From: stoneshep@xxxxxxx
To: Stoneshep2@xxxxxxx
Sent: Mon, 11 Feb 2008 11:09 am
Subject: Dangerous and Vicious Dogs
Dangerous and Vicious Dogs
Fluvanna County, VA Case #0700514 & #0700515
Cyclone
Cyclone is an AKC registered purebred German Shepherd Dog.=C2=A0 He is six=20
years old and neutered.=C2=A0 Cyclone has been under continuous training=20
since he was acquired.
While the male owner was General Manager of Alpine Lake Resort in West=20
Virginia, Cyclone was usually found in his office and greeted resort=20
guests in the lobby of the lodge.=C2=A0 Children climbed on him, pulled his=20
ears and gave him hugs.=C2=A0 Cyclone was tolerant of this social interface=20
and enjoys being around people.
Cyclone has a very loud bark.=C2=A0 He barks when greeting other dogs, he=20
barks when something out of the ordinary is happening and he barks and=20
chases his tail when he gets frustrated.=C2=A0
Tess
Tess is a spayed Australian Shepherd mix acquired from the Maricopa=20
County Prison system in Arizona.=C2=A0 Puppies are selected from the ASPC=20
euthanization list and placed in the prison system to be trained by=20
prisoners.=C2=A0 Tess was adapted through this program by the current owner.
Tess seldom barks.=C2=A0 She is two and a half years old and still has many=20
puppy traits including curiosity about new dogs, people, vehicles,=20
etc.=C2=A0 Her curiosity is limited to approaching and sniffing the new=20
entity.=C2=A0 The owner is still working on curtailing her impulse to chase=20
deer and squirrels.
Tess is closely bonded to Cyclone and Cyclone is a =E2=80=9Cbig brother=E2=
=80=9D to=20
Tess.=C2=A0 When Tess does something that Cyclone knows to be wrong, he will=
=20
attempt to correct Tess.=C2=A0 When he can=E2=80=99t correct her, he barks a=
nd=20
chases his tail.
Both Dogs
Both dogs are of the herding group and possess traits of this group.=C2=A0=20
Both dogs frequented the public dog parks in Maricopa Country,=20
Arizona.=C2=A0 These parks usually had 10 to 20 dogs of various sizes and=20
breeds at any one time.=C2=A0 This was a social setting for the owners as=20
well as an opportunity to socialize the dogs with other dogs and other=20
people.=C2=A0 As a new dog arrived, most of the dogs would bark and approach=
=20
the newcomer.=C2=A0 A few sniffs and they were back at play.
Caretakers have been engaged to walk these dogs in gated communities=20
with no incidents.=C2=A0 Staff members who worked for the owner have gotten=20
in line to walk the dogs.=C2=A0 From the Chesapeake Bay to the deserts of=20
Arizona, these dogs have a reputation of friendliness and a docile=20
manner.
Environment
The permanent residence of the dogs is in a gated community in Fluvanna=20
County, VA and is a waterfront property.=C2=A0 The community does not allow=20
enclosure fences in front yards or in the back yards of waterfront=20
properties.=C2=A0 Most houses are built from side property setback to side=20
property setback.=C2=A0 This creates a situation where the owner cannot have=
=20
an enclosure fence for the dogs.
Both dogs are large, weighing over 70 pounds each.=C2=A0 They require=20
exercise that cannot be achieved on leash.=C2=A0 Therefore, the dogs have=20
been trained to not cross the property line.=C2=A0 Both dogs will stay on=20
property with the exception that Tess will chase a squirrel or deer=20
across the line but will not go out of sight of the owner.=C2=A0 This seldom=
=20
happens.=C2=A0 She also wants to investigate any new dog she sees.=C2=A0 The=
dogs=20
are never off leash unless the owners are present with the dogs.=C2=A0=20
(Note: There is no leash law in Fluvanna County)
The property lines were not defined in a manner in which the dogs could=20
differentiate the precise location.=C2=A0 Since the incident that created=20
this case, a boundary fence has been installed on the property line=20
between the complainant and the owner properties.
The dogs are never let out =E2=80=9Coff leash=E2=80=9D without the owners be=
ing=20
present.=C2=A0 The dogs respond to voice commands and play well together.
Incident
The female owner had the dogs in the backyard playing.=C2=A0 It was near=20
dusk in the evening.=C2=A0 She was bringing the dogs back up to the front of=
=20
the house (to the garage).=C2=A0 Normally, the dogs would have been brought=20
up on the West side of the house but that area had recently been seeded=20
so she was bringing them up on the East side of the house adjacent to=20
the complainant=E2=80=99s residence.
As the dogs reached the front perimeter of the house, Tess observed the=20
complainant=E2=80=99s daughter, who was visiting from Connecticut, in their=20
driveway with a Toy Poodle.=C2=A0 (The driveway is at the far side of their=20
property.)=C2=A0 Tess started to approach the poodle.=C2=A0 Cyclone started=20
chasing his tail and barking loudly at the corner of the neighbor=E2=80=99s=20
house because of Tess being across the property line.=C2=A0 At the closest=20
point, Tess was approximately 15 feet from the daughter and her poodle=20
(per the daughter).=C2=A0 Cyclone remained near the property line.=C2=A0 The=
=20
owner immediately called Tess and both dogs returned to her property.=C2=A0
The daughter interpreted this as a =E2=80=9Cviscous attack=E2=80=9D.=C2=A0 T=
here was no=20
contact by either dog and the incident was over in seconds.=C2=A0 However,=20
the daughter turned to flee to the house and tripped over her leash and=20
fell injuring her knee.=C2=A0 This was not observed by the owner and she was=
=20
not aware of the injury until a month later.=C2=A0 The daughter admitted=20
that her leash got tangled on the =E2=80=9Cgarden light=E2=80=9D which was t=
he direct=20
cause of the fall.
The daughter stated that the dogs were growling and snarling at her=20
which is not true.=C2=A0 The only sound was Cyclone barking as he chased his=
=20
tail.=C2=A0 Tess made no sounds.=C2=A0 This was simply a cause of canine=20
curiosity and no threat existed to the daughter or her poodle.
Fluvanna County Animal Control
A female officer from the Fluvanna County Animal Control visited the=20
owners shortly after the incident.=C2=A0 She found no reason to impound the=20
dogs.
Subsequent to the neighbor=E2=80=99s complaint, the female officer returned=20
with a senior Fluvanna County Animal Control officer, to investigate=20
the dogs.=C2=A0 The owner provided access to the dogs and let the dogs off=20
leash to demonstrate that there are no hostilities with either of these=20
dogs.=C2=A0 Again, they found no basis to impound the dogs.
Subsequent to the Incident
Subsequent to the incident, the neighbor had occasion to want to see=20
the finish work the owner had done on his garage.=C2=A0 The neighbor was=20
advised that the dogs were loose in the garage and that the owner would=20
confine them in the house.=C2=A0 The neighbor refused this offer and entered=
=20
the garage.=C2=A0 The dogs sniffed the neighbor for a few seconds and then=20
retreated without incident.=C2=A0
Also since the incident with the daughter and prior to the installation=20
of the fence, the neighbor was observed on several occasions walking=20
the property line when the dogs were at play in the yard.=C2=A0 The dogs=20
ignored the neighbor on all occasions.
Further, the neighbor has had numerous contractors working on his house=20
and yard.=C2=A0 The dogs have ignored all of these persons when in the yard=20
off leash.=C2=A0 The owner=E2=80=99s fence contractor had four men on site w=
orking=20
and the dogs ignored them while off leash and at play.=C2=A0 Guest come and=20
go from the owner=E2=80=99s residence with no incidents short of some barkin=
g=20
to announce the guest=E2=80=99s arrival.
Trial
The initial trial was held in the District Court of Fluvanna County=20
with a substitute judge from Louisa County.=C2=A0 The female owner was the=20
only person named on the summons.=C2=A0 The owner=E2=80=99s attorney was not=
=20
available for the trial and agreed that the male owner should defend=20
the case as it would seem that no evidence would show any danger to the=20
complainant or their dog.=C2=A0 The judge refused to let the male owner=20
defend the case as he was not listed on the summons.
The complainant put on a dramatic show of fear in their testimony; none=20
of which was based on anything but perception and their inherent fear=20
of large dogs.=C2=A0 Testimony by a third party in favor of the dogs was=20
totally ignored.
The judge found the dogs =E2=80=9Cdangerous=E2=80=9D and ordered them placed=
on the=20
Virginia State Dangerous and Viscous Dog Registry.=C2=A0 The case has been=20
appealed and should be heard sometime in April.
Summary
This is a case where the complainants have an obvious phobia with=20
regard to large dogs.=C2=A0 Neither of these dogs has ever bitten, inflicted=
=20
injury to any person or animal nor killed a companion animal.=C2=A0 There=20
has never been any uninvited contact with any person by either dog on=20
or off the residence of the dogs.=C2=A0 There is no substantiated evidence=20
that either of these dogs has attacked any person or companion animal=20
only the perception of the complainant.=C2=A0 The dogs=E2=80=99 behavior has=
been=20
consistent with that of any other dog regardless of the breed.
The fence that the owners had installed has defined the property lines=20
for the dogs and they have not entered onto the neighbor=E2=80=99s property=20
since.=C2=A0 The dogs are now only taken out only on leash.=C2=A0 This is=20
indicative that any perceived threat has been removed.
The fundamental problem is the lack of a legal definition of the word=20
=E2=80=9Cattack=E2=80=9D as it refers to the legislation.=C2=A0 Therefore th=
e judge is using=20
the broad definition of =E2=80=9Cattack=E2=80=9D as defined by the dictionar=
y.=C2=A0 In its=20
broadest definition it means =E2=80=9Cto start=E2=80=9D.
These dogs are companion dogs who reside in the home of the owners.=C2=A0=20
They are looked at and treated as children by the owners.=C2=A0 The owners=20
are senior citizens with limited income.=C2=A0 This situation has forced=20
them to place their home on the market in order to raise the monies=20
necessary for the defense.=C2=A0=C2=A0 As they know in their hearts that the=
se=20
charges are without basis, they have no other choice.=C2=A0 If anyone=20
reading this missive would like to contribute to the defense, please=20
send your generous contribution to:
Dygert, Wright, Hobbs and Heilberg, PLC
Attn: David L. Heilbert
675 Peter Jefferson Parkway, Suite 190
Charlottesville, VA=C2=A0 22911
Please note on the check that it is for the defense of Cyclone and Tess.
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