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Rott attack update (Read 4702 times)
Ef_Deal
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Rott attack update
Jul 22nd, 2008 at 5:32am
 
We had our court hearing tonight with the owner of the Rottweiler that attacked Shadow.

After our last, preliminary hearing, the woman filed assault charges against Jack, giving a fabricated story saying Jack actually entered their property, pursued the dog up to the porch as it ran from him, and sprayed him AND her sister in a deliberate and unprovoked assault on both of them, as well as on the owner (who wasn't even present).  As a result of these charges, we were forced to engage a lawyer of our own because all three cases--2 offleash dog attacks and the assault charges against Jack--will be heard at the same time.

Our lawyer, in an effort to reach an out-of-court settlement, indicated to the other lawyers that our bottom line for the vicious dog charge was the dog out of our neighborhood, and the assault charges had to be dropped.  They requested the opportunity to have the dog rehabilitated by hiring a trainer.  Our lawyer agreed.  The Animal Control Officer will monitor the training and perform a final evaluation after the course is completed.  I pointed out that the owner already claimed the dog had completed a police training program with the dog, and later claimed the dog was in the process being trained.  The ACO also had possession of the photos of the dog bite that took place over the July 4th weekend, where the Rott had mauled someone's arm and hand, but didn't press charges because he was a relative of the owner.  The defending lawyer wanted to avoid tonight's hearing because of those photos, so she seemed like she might be amenable to dropping the charges--especially given the discrepancies in the story and the timing of her clients' filing them, but that didn't come up tonight.

The upshot is that we have to attend ANOTHER hearing on September 30, at which time the ACO's assessment of the dog will be the determining factor in the dog returning to the neighborhood.  Only after that can we address the assault charges.

And the issue of the vet bills has not been addressed by anyone.

I always thought three strikes you're out, but because there were no witness for our two attacks, the law won't consider it until after the hearings.  Bummer.
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Ef
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Lynne
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Re: Rott attack update
Reply #1 - Jul 22nd, 2008 at 1:45pm
 
My....Ef, in Holland we say, Allemachtig.

It is almost a never ending story, you can write Wink Winka book
about it.

Greetings from Ted and Lynne
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paula
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Re: Rott attack update
Reply #2 - Jul 22nd, 2008 at 6:48pm
 
Good Lord, this is getting so complicated! It is ridiculous how long it takes justice to be served.

Paula
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DutchChow
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Re: Rott attack update
Reply #3 - Jul 23rd, 2008 at 1:43pm
 
What to say, Ef.

Again I'm shocked and obvioulsy your lawyer isn't a strong person and very flexible by giving in....
What is his agenda?
Training after what happened? No...the Rottie should be tested now. He has been trained, as you wrote.

Settling things after all the damage ..
It looks like you will not get any penny or statisfaction....

The good news is that Shadow is doing well and together with Moonlight there is now sunshine at your place.

Peter
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Ef_Deal
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Re: Rott attack update
Reply #4 - Jul 23rd, 2008 at 3:50pm
 
DutchChow wrote on Jul 23rd, 2008 at 1:43pm:
What to say, Ef.

Again I'm shocked and obvioulsy your lawyer isn't a strong person and very flexible by giving in....
What is his agenda?
Training after what happened? No...the Rottie should be tested now. He has been trained, as you wrote.

Settling things after all the damage ..
It looks like you will not get any penny or statisfaction....

The good news is that Shadow is doing well and together with Moonlight there is now sunshine at your place.

Peter


I know it seems like a bad result, but in fact, given the nature of the municipal court system, it's a good one.  Our lawyer was the one who got his way.  If the other lawyers had insisted on the hearing now, the case would have had to go to a jury trial, which we certainly don't want, and they couldn't win since there are no witnesses to the assault, and similarly, we couldn't prove with any burden of evidence that the Rottweiler attacked without provocation.  Also, in a jury trial, we wouldn't have the weight of the Animal Control Officer's testimony, whereas in the municipal hearing, her testimony is the only thing the judge needs.  Given all the possible threats, this was an optimal outcome for us.

I forgot to mention that the dog also has to be neutered.

As for our vet bills, those are not part of the legal issues.  We've notified her of our expectations, and if they don't pay those, we'll take it to a civil suit.  It will come eventually.

Meanwhile, yes, we have our little Moonlight to bring the sunshine in!
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Red_Dragon
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Re: Rott attack update
Reply #5 - Jul 24th, 2008 at 12:37am
 
Wow, if that would have happened in this state the dog would have been put to sleep long ago. I can't believe they have drug this out the way they have, remind me never to move to your town! Roll Eyes
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Ef_Deal
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Re: Rott attack update
Reply #6 - Jul 24th, 2008 at 3:22am
 
Ours is a very litigious community, filled with lawyers of the highest level of judicial powers--to the detriment of the law, at times.  We made national news and comedy talk shows when last year a huge group of teens held a party in the home of a family away on vacation, took videos of themselves doing unspeakable things to the house, including a super-soaker fight with urine, feces in the piano, and let's call it "DNA samples" on the stuffed animals and pillows.  Over $100,000 worth of damages to the house.  Then the videos were posted on My Space and You Tube.  The homeowners pressed charges against all of the teens on the videos, but the teens' parents lawyered up, and in the end, only six teenagers went to court and were ordered to split the cost of whatever the homeowners' insurance didn't cover, which amounted to less than $100 each.  On top of it all, the homeowners had tires slashed and windows broken because they insisted on pressing charges!   It was a disgrace.

And the municipal judge here is sick of such litigations in court, so he prefers that things be settled out of court so he doesn't have to put up with lawyers.  That's why he's very wary of taking away someone's personal property, which is how a dog is viewed.
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DutchChow
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Re: Rott attack update
Reply #7 - Jul 24th, 2008 at 9:49am
 
Hi Ef--,

It seems to be not easy there at your place to get justice done.
For a democratic country, where justice is put high, this is weird.
What is the definition of justice?

Anyway. I truly hope that the outcome is okay for you.

Another thing...
Neutering a dog is someting not always helping he will be less aggressive or dominant.
Really strange that this was another outcome.
It shows that one wants to do everything to satisfy the owners of the rottie....and not you and....the victim..Shadow.

Peter


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Red_Dragon
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Re: Rott attack update
Reply #8 - Jul 24th, 2008 at 10:08pm
 
The meaning of justice in the US is attorneys getting rich! Grin
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ursel
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Re: Rott attack update
Reply #9 - Jul 25th, 2008 at 5:38pm
 
Hi Ef,

I will never understand your court system!

Most important for you and your family is that Shadow recovered so well and does enjoy life with his humans and his/your little Moonlight.

Hoping you'll never accidentally meet that vivious Rottweiler again. Have a great future with your two chowies Smiley.

Ursel
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chowwoman
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Re: Rott attack update
Reply #10 - Aug 2nd, 2008 at 7:16pm
 
I just clicked to see where you live!!!!!!!!! Let me know when you want to move to NC; I'm a RE Broker here.
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Ef_Deal
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Re: Rott attack update
Reply #11 - Aug 2nd, 2008 at 9:29pm
 
chowwoman wrote on Aug 2nd, 2008 at 7:16pm:
I just clicked to see where you live!!!!!!!!! Let me know when you want to move to NC; I'm a RE Broker here.


LOL   Grin Grin

NC seems to be the place to retire to, but unfortunately, we won't be retiring for at least another 15 years!  If we're both still around, I'll call!   Tongue
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