However, on Tuesday night the owner of the dog had been cited and the dog was impounded, according to Lakewood Police. Police say the owner was also given a court summons and the dog will remain impounded until the man appears in court.
Dirk Martinez was attacked on Monday near Florida Avenue and Sheridan Boulevard when the dog, a German Shepherd, broke through its gate and went for the boy.
"I screamed, 'Help me, help me,' three times," Dirk said. "I was walking to my friend's house to get my bike back. I heard banging. The dog jumped me. Jumped on my shirt and started yanking me."
His pants and shirt have large holes in them and Dirk has bite marks, scrapes and bruises from his chin down to his calf.
"Nobody is doing anything about this," Stefanie Martinez, Dirk's mother, said earlier in the day before the owner was cited. "I'm just so pissed."
Martinez says police did not respond on Monday night, but Lakewood Animal Control did. However, she says no citation was issued and animal control did not take custody of the dog on Monday.
"All of our kids play on this street. Everyone is terrified," she said.
"Just a scary, scary situation," Anna Martinez, a neighbor who is not related to the family, said.
Anna Martinez lives two houses away from where the dog lives. She saw the attack.
"It all just happened so fast," she said. "He was screaming, 'Help me, help me.'"
She says a man who was in the neighborhood drove up to the attack and scared the dog away, but not before he was bitten himself.
Anna Martinez has two young children of her own and says what happened is unacceptable.
"Hopefully it gets put down," she said about the dog.
"I hope the dog goes dead," Dirk said. "I'm scared. I never want to go back down there. I don't like German Shepherds."
Dirk is recovering. He is sore and is on antibiotics in case of an infection, but otherwise his mother says he is doing fine.
Lakewood Animal Control was at the location on Tuesday but refused to talk to 9NEWS.
Neighbors say there has never been a problem with this dog before.
While 9NEWS was talking to the Martinez family, the dog's owner called, apologized for what happened and took full responsibility. He also gave the Martinez' his insurance information. He was out of town and the dog was being watched by a neighbor.
(KUSA - August 30, 2011)
