Dog in NJ ordered put to sleep

[skunkstripe]

I'm trying REALLY hard not to slant the thread by putting a provocative title in either direction. If you're interested read the story and see how you think about it.

Dog's fate devastates family
A family whose beloved German shepherd faces death for having led a dog attack on a landscaper is devastated by the news but vows to continue to fight to save him.

"He needs to come home," said Guy James, the Princeton homeowner who managed to call his dogs off the landscaper, but only after the worker was severely mauled in the June 5 attack.
http://www.nj.com/news/times/index.ssf?/base/news-3/1194498519125940.xml&coll=5&thispage=1

[Monkey]

Again, humans...

How can they not expect a german shepherd NOT to act like it did in that situation? and only a few bites, he got off easy... The way the bites were described I can't even say it was a proper attack. I think we all in here know what a dog does when they do a proper attack...

*sighs* *goes and cuddle Tasha and Missy*

[lilpantz]

Instead, Rivera and another worker got out of the car after a few minutes and the dogs began to bark. That worker began to hit the dogs with a metal rake and Elizabeth James, Guy James' wife, yelled for him to stop.

Can anyone say provocation....

[Julia73]

Poor Congo!!! I definately agree that he was provoked!! I had an electric meter reader come into my back yard once with a big metal pole and began to swing at RA with it because before she ever got in the gate she was barking at her. I told her to get the heck off of my property (not so nicely as I just put it though he he) and to NEVER come back!! I then put a call into the elctric company and made a formal complaint about her. She has never come back but the guy who reads our meter now allways comes to our front door to ask if we can bring the dogs in..very nice guy I might add! Those landscapers are definately responsible for the so called attack personally if it would have been me and I saw someone swinging a rake and hitting one of my dogs I would attack them myself, the dogs wouldn't have to!! For that landscaper to even grab the lady was a big mistake just about any dog that was being threatened in the manner that Congo was is going to take action if you harm the owner...I don't care how mild tempered the dog is. Again poor Congo and I hope that everything turns out the best for him it sounds like he is very stressed right now since he will only eat if it is hand fed to him...again hand fed ya this dog is vicious..give me a break.

Julia

[KatzNK9]

That poor dog & poor family!

Meanwhile, James' lawyer, Robert Lytle, argued at a hearing in Municipal Court that the attack had been provoked and under New Jersey law, the dogs had a right to protect themselves and their owner.


Guy James pointed to testimony from dog behavior expert and University of Pennsylvania professor Ilana Reisner, who said that in her professional opinion James' dogs were "clearly provoked."


I agree 100% with the above.

But some, including municipal prosecutor Kim Otis, argue that the Jameses should have had control over the dogs and were negligent.


And, to the above, I say — Horsefeathers! (in lieu of a long string of cuss words :swearing:)

Guy James plans to appeal Annich's ruling to Superior Court.

"We will fight with all our love and support from friends and strangers until he is back with us," he said.

Godspeed, dude! I hope the Superior Court ruling has some lucidity.

[ritabooker]

The landscapers arrived early, got out of their car when asked not to, started hitting the dogs when the dogs started barking, threw the woman to the ground. I don't like it when dogs bite for any reason, but these guys were just asking for it. By the way, I clicked on "next" at the bottom of the article and it went to a form which I would not fill out...so I think I missed the conclusion of the article.

Years ago, when placed a lock on our gate because having dogs can get you into this kind of trouble when stangers access private property. And yet, we still have morons who will jump the fence because the gate is locked and then get nasty with us when we tell them not to. People are just so stupid sometimes, and it looks like this poor dog may pay for that stupidity with his life. I am sad.

Poor Congo!!! I definately agree that he was provoked!! I had an electric meter reader come into my back yard once with a big metal pole and began to swing at RA with it because before she ever got in the gate she was barking at her. I told her to get the heck off of my property (not so nicely as I just put it though he he) and to NEVER come back!! I then put a call into the elctric company and made a formal complaint about her.~ from Julia73

Utilities employees can be the worst for lacking sense. I have resorted to reading our meters myself to help decrease the traffic here. I hang the window cards on the gate and they don't have to come in. There are still plenty of idiots though, who we still have to deal with.

[skunkstripe]

The form is not TOO intrusive- it asks for zip code, year of birth and gender. But if you don't like that kind of thing, the "printer-friendly" version doesn't ask for any personal info - you do get a pop-up about what printer you want to use:
http://www.nj.com/printer/printer.ssf?/base/news-3/1194584838113330.xml&coll=5

edited to add: This is not quite the same text as the other story

[ritabooker]

Thanks, Skunk. Now I see there are 2 versions of what happened. It is sad either way, but impossible for me to weigh in without knowing what really happened.

My previous response was based on one side of the story, but I really wish these guys had just stayed in the car until the owner had gotten the dogs locked up.

[Timbo]

I know this is a big old question but why do the dogs have no rights in these situations (even when the facts suggest that the people workers were at fault).
It strikes me as bizarre that a human court can order them to be put down, having no knowledge of dogs and their behaviour. Surely the dog should be allowed for some sort of knowledgeable defence?
We as a race love to impose our laws on everything despite the fact that it's glaringly obvious that it's inappropriate most of the time.
Sometimes the law is an complete and utter ass.

[ritabooker]

Yes, that is what bothers me the most in this situation. The dog pays with his life, whether the owner is found at fault or the landscapers are found at fault.

[Kaos]

This is one of the very few dog bite stories where I feel genuinely sorry for the dog owners, who on the face of it seem to be responsible. Their dogs were obviously safely fenced on their own property, and on realising the workers had arrived communicated a clear intention for them to wait whilst the dogs were restrained as a sensible precaution. What more can you do?

[applesmom]

This is a terrible miscarriage of justice! There could be an underlying story here which amounts to a deliberate money making scheme. I will not explain it further for those that can't see it for themselves! But I will give a hint.

There is a popular scam here where a beat up car loaded with hired individuals will target someone in a nice car. As the first car pulls in front cutting the target car off; another car boxes them in from the side. The front car slams on their brakes forcing a rear end collision.

In Arizona a rear end collision is always the fault of the driver that hit the other car in the rear. Big bucks are paid out to the "victims" by insurance companies in these schemes. The hired "victims" are paid anywhere from 25 to 200 dollars per incident plus medical if necessary (it usually isn't) and nobody knows where the rest of it goes. Once the case is settled the "victims" change their identity and are nowhere to be found.

Sadly in this case the dog is the real victim!:rolleyes:

[montanagal]

I was thinking the same thing applesmom. All the stories just seem so hazy. Why would the workers get out of the vehicle in the first place? Why did the worker who was scared of dogs get out anyways? Conflicting reports about the position of the worker who was bitten, but they all have him on the ground in the end. If he was scared of the dogs why did he get closer to the ground? Why did he grab the woman? That's scary in and of itself! All the stories agree that the dog did not bite until the worker had grabbed the woman. Isn't that an obvious provocation to the dog? There is something going on below the surface of this one, more so, at least, than other stories we have posted on this forum.

[KatzNK9]

But I will give a hint.

A hint wasn't necessary for me. I thought it was a setup too.:mad:

[lovingpaws]

What part of:

Rivera and the other landscapers were told to wait in the car until the family's six dogs could be secured, but, after waiting a while, Rivera and another man got out and began raking the yard.

Don't they understand. And the judge fell for it. He's pretty stupid :mad:.

[brunosmom]

"Based on these threats (unfamiliar individuals, perceived threatening position, the attack on the puppies with a metal rake, grabbing the owner from behind and pulling to the ground) the dogs were compelled to defend themselves and their owner," Reisner wrote.
http://www.nj.com/news/times/index.ssf?/base/news-3/1194498519125940.xml&coll=5&thispage=3

I think anyone's dog would react in the same situation.....mine would :wtf:
I hope there is enough out cry from the public to save Congo, he sounds like a hero to me :(

[lovingpaws]

"Based on these threats (unfamiliar individuals, perceived threatening position, the attack on the puppies with a metal rake, grabbing the owner from behind and pulling to the ground) the dogs were compelled to defend themselves and their owner," Reisner wrote.
http://www.nj.com/news/times/index.ssf?/base/news-3/1194498519125940.xml&coll=5&thispage=3

I think anyone's dog would react in the same situation.....mine would :wtf:
I hope there is enough out cry from the public to save Congo, he sounds like a hero to me :(

Where do we "outcry" to. Our voices count, let's speak up for Congo. Just like the judge who sentance PB fighter 102 years was affected by the the emails people sent.

Is there a judge named, or someone we could email.?

[skunkstripe]

There is an update on Congo. And it looks good for now.

Congo to get his day in State House
Sunday, November 18, 2007
A Superior Court judge Thursday allowed the dog to return to his home, pending appeal, with numerous restrictions in place, including that he wear a muzzle and be kept inside a fenced area.

But more importantly, a bill is being introduced in NJ to change the law regarding "vicious dogs."
Assemblyman Neil Cohen, D- Union, plans to introduce the bill, which is designed to change the laws regarding vicious dogs and address perceived flaws brought to light by the case.
Cohen, who has introduced a plethora of animal-related legislation, believes the current law is un fair and outdated. Some of the provisions in the proposed law will include a definition of provocation that will take into account the dog's point of view rather than the human's and also raise the standard for finding a dog vicious to be yond a reasonable doubt, the same standard now in use when humans are charged with a crime.
...
The law also would be retroactive to all dogs now deemed vicious and facing death, including Congo, Cohen said.
Full article here: http://www.nj.com/news/times/index.ssf?/base/news-3/1195425033289320.xml&coll=5&thispage=2

[sheplovr]

That is a no worse situtation than I have read about the Other Breed attacking humans. This was a so called set up they got their money and ran. Now the dog takes on the penalty. Especially with pups their they paid NO attention to the owner calling to stop. Never gave him a chance to place the dogs safely away. Thank Gosh mine are not that way running loose here, people open the gate and come in anyhow, not fearing dogs they do sense this, nobody has ever picked up anything to threaten them or better ever???

[lovingpaws]

Assemblyman Neil Cohen, D- Union, plans to introduce the bill, which is designed to change the laws regarding vicious dogs and address perceived flaws brought to light by the case.

Now there's a government official taking action.