WEST VIRGINIA -- An 8-year-old boy was rushed to Beckley Appalachian Regional Hospital Sunday after being bit by a dog in front of his Cobbs Street residence.
The victim’s father, Shane Stines, says that although the animal was removed following the incident, he fears its return to his neighbor’s property.
“My three kids were out front and my wife was shoveling a patch of our driveway,” Stines said Tuesday. “The dog got loose and came after my daughter first before my neighbor grabbed him and tied him back up.”
According to a report from Stines, only a few moments passed before the pit bull mix was back and his son had suffered approximately seven puncture wounds to his calf.
He said the dog took off when he hit him in the back with a shovel.
“The dog was picked up and taken to the animal shelter, and a citation was issued to its owner,” Raleigh County animal control officer Howard Vest said. “What happens next depends on a few things.”
Vest says the animal must be confined 10 days, but if it does not have rabies, they will talk to the owner to decide where to go from there.
“Dogs bite for different reasons,” the officer said, “so I can’t say anything specific about this situation.”
After speaking with the Raleigh County prosecutor’s office, Stines says he understands there is nothing he can do to the animal unless there have been at least two documented attacks.
John Gallaher, an assistant prosecuting attorney, said he learned in law school that the first bite is often “free.”
“I am not saying there must be two bites, per se,” he explained, “but that’s what we usually go by because the owner has to have actual knowledge that his dog is vicious before any kind of legal process can be brought.”
The statute does state, however, that it is unlawful to keep any dog that has been declared vicious or has a habit of biting.
“There just has to be some kind of evidence beforehand to put the owner on notice,” Gallaher added.
“It would probably take more than one incident of two bites, but I don’t have all the facts in front of me, so even this incident could lead to petition.”
The attorney says to his understanding there is a vicious dog petition where the state can proceed to take possession of a dog and force its destruction, as well as a criminal aspect.
“If an individual is harboring a vicious dog, he or she could face jail time,” Gallaher said. “That’s when it comes in that the owner must have previous knowledge.”
Again, he says nothing is set in stone and each case has its own factual basis.
Stines said he just wants to make sure the dog does not return home.
“There’s just too many children in the area,” he said.
“Sunday was a nice day, the first time the kids could come out and play, and the dog went completely nuts. I can’t imagine what it will do when they’re all playing outside in the summertime.”
(register-herald.com - March 9, 2010)
