"A couple of tooth bites that punctured the skin, to my mind that is not vicious,” says David Castonguay.
The Castonguay's were surprised when Oliver bit two people. However they were more surprised by the judge's ruling.
"He is either going to be declared dangerous or not and released to us and the judge, unfortunately for us and unfortunately for Oliver, ruled him vicious and ordered him killed,” says Castonguay.
Virginia statue says a dog is dangerous if it has bitten, attacked, or caused injury on a person or companion animal.It is not dangerous if no serious physical injury is determined by a licensed veterinarian or if the attack happened on the dog owner's property.
A dog is vicious if it killed a person, caused serious injury to a person, including multiple bites, serious disfigurement, or continued to exhibit the behavior. The court considered Oliver vicious.
"This seemed to be an over reaction to us,” says Castonguay.
The Castonguay's are appealing the decision. They have fenced in their back yard and put up a no trespassing sign, in compliance with the dangerous dog laws.
Radford commonwealth attorney Chris Rehak could not comment on the case since it is still pending. The next court date is June 24th.
In the meantime, the Castonguay’s are hoping Oliver gets to come home soon.
(WSLS - June 15, 2011)
