"If a dog causes serious bodily injury, then it's declared vicious and euthanized," Calogero said.
"
It has to be an unprovoked attack and the state has to prove it. Under the circumstances of this (Congo) case, I think provocation was clear.
Any dog will defend its owner from a perceived attack. The woman was grabbed.
She screamed out loud. I think the dog was justified in perceiving that she was attacked even though that was not Mr. Rivera's intent.
Dogs are conditioned to protect their family."
Some of the judges are reluc tant to look at this from the animal's point of view Strauss said.
"The comparison that I always give is: Someone walks into your house and means no ill and the dog bites them.
Or a robber comes in and is bitten and the dog is declared a hero.
The same dog has no way to tell which is which, so it makes no sense to interpret the statute from the person's point of view, but must be interpreted from the dog's.
To interpret it any other way makes no sense," she said.
Otis offered a plea bargain to the James family to allow Congo to be labeled potentially dangerous rather than vicious, an offer he said was still on the table.
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Here is another.
The landscapers were told by Guy James, in Spanish, that he needed to get the dogs inside and to wait in the truck. Well they didn’t.
The guys got out and the dogs, including puppies started barking. These workers started to hit the dogs with their metal rakes.
Elizabeth James saw them doing this and she approached and was yelling for the one man to stop.
The family’s insurance has paid out $250,000.00 in a settlement.
The Judge, Russell Annich Jr., decided that the events leading up to the attack did not have anything to do with the attack and were not of provocation.
How is that possible I ask myself. Congo saw his puppies being harmed and his human being attacked and he reacted as he should have.
Congo slated for death after protecting family!!
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