One month ago, a neighbor’s bluetick coonhound escaped its fenced yard, came onto their property and killed their 10-pound Chihuahua named Chica as she sat in her basket, attached to a leash. The attack happened on the couple’s backyard deck and in front of the whole family, including the children.
“Chica didn’t die during the attack. She died a few minutes later. She bled out. It was horrible,” Lamb said, tears welling. “This has been traumatic.”
The family gathered around the fatally injured animal as she faded away, she said.
This incident happened just before 8 p.m. on Wednesday, Aug. 10, on Boyne City’s Maple Street.
In the aftermath, police summoned the hound’s owner to a show cause hearing set for last week to prove why the animal shouldn’t be euthanized. But that hearing never happened because the Charlevoix County Prosecutor’s office settled the case out of court.
The hound’s owner is Jim Raber, Charlevoix County’s friend of the court, who declined to comment.
Raber’s attorney, Charlevoix-based Chris Turkelson, could not be reached for comments.
“Mr. Raber was issued a citation for dog running at large,” said Jeff Gettel, Boyne City assistant police chief.
Raber must still pay the $100 fine for his violation of Boyne City’s leash law, but his dog is safe from court-ordered euthanization.
The show cause hearing never happened because Raber, Turkelson and Charlevoix County chief assistant prosecutor Shaynee Fanara agreed to a settlement that requires Raber to find a new home for Sonny, the hound, and advise the new owner of this incident. The dog can’t live within Boyne City city limits and is not permitted to return to Raber’s home for visits.
The case will be re-opened if Sonny is found inside city limits after Sept. 30, court records show.
Judge Richard May, of Charlevoix County’s 90th District Court, dismissed the case but attached those stipulations.
Lamb and Archambault said they are not satisfied with that outcome and believe Sonny should be euthanized to prevent additional attacks on other dogs or people.
According to Lamb and Archambault, they were told by Fanara that the deal was the “best possible” outcome. It’s still not good enough, they agreed.
“We don’t want the problem in our neighborhood to become a problem in the next neighborhood,” Lamb said.
“It seems that making our problem somebody else’s problem is the solution here. In no way is that OK with us,” Archambault said.
Fanara said she tried to explain to Lamb and Archambault that prosecutors must show a pattern of dangerous behavior by a dog before a judge can order the animal to be destroyed. The attack on Chica is the hound’s first such incident.
“It doesn’t show a pattern,” Fanara said. “If there was a history with this dog of any kind, we’d have a better chance in court.”
However, any additional violent incidents by Sonny will constitute a pattern, she said.
Fanara also said she did not cut Raber a legal break because he’s a fellow county employee. He wanted to keep Sonny at his Boyne City home, but Fanara said she refused to agree to that.
This outcome at least removes the dog from Lamb and Archambault’s neighborhood, Fanara said.
Sonny’s new home is at an area farm, she said.
[NOTE: I don't understand this policy of sending these aggressive animals 'outside the city/county/state' and put the problem onto someone else. Yeah, I would be delighted to find out my next door neighbor, who shares a fenceline with me, has brought in a dangerous dog from, say, Georgia, and stuck it in their backyard. They're not required to tell anyone about its history -- that it possibly had attacked a child, killed someone's pet, etc. And we would be sitting ducks for an attack.]
Both Lamb and Archambault are committed to get to the bottom of the state’s laws on dog attacks — or the requirement to show a pattern of dangerous dog behavior before a judge can order euthanization — and change it, if possible. They will start with their state lawmakers, they said.
“We plan to do everything in our power to instigate change to this law,” Archambault said.
Gettel said the best way to avoid these animal confrontations is to “keep your animals confined to your own property.”
(Petoskey News - Sept 9, 2011)
