MASSACHUSETTS - Stephen Bristol of Hadley said he has nightmares and permanent scars on his arm because he was bitten by a dog owned by Edward Gralinski on May 5.
He spoke Wednesday at a hearing before Judge John Payne Jr. in Eastern Hampshire District Court.
The Hadley Select Board on June 1 ordered Gralinski's dog, a pit bull terrier named Poochy, put to death. Gralinski appealed the order, and after a hearing Clerk Magistrate William Nagle Jr. sided with the Select Board. Gralinski then filed another appeal.
Judge Payne said he will consider Wednesday's testimony and issue a ruling in a few days.
Bristol and Gralinski both live on Mount Warner Road in Hadley. Gralinski allowed Bristol to dump brush and leaves on his property, and on May 5 Bristol dropped off a case of beer to express his thanks, according to Gralinski's testimony.
After talking with Gralinski in a greenhouse on the property, Bristol was about to get back in his truck when the dog [attacked] him, he said.
Gralinski drove Bristol to Cooley Dickinson Hospital, where he underwent emergency surgery. Karen Gunther, Bristol's daughter, said before the hearing that her father has had circulatory problems since the incident because of a variable heart rate. Bristol has filed a civil suit against Gralinski seeking compensation for his injuries, she said.
Gralinski testified Wednesday that Poochy is "protective but not vicious." The dog is "no problem to people he knows" and has been confined on a chain or in a pen since the incident, he said.
Gralinski told the Select Board that the dog, which weighs between 70 and 80 pounds, doesn't bother people he knows, "but if you get near the greenhouse or main farm or house he will tear into you, there's no doubt."
"He's a good dog and doesn't tear into people for no reason," he said.
Michael Shoro and Debra Rosenlund of Hadley testified that they have known Poochy for several years and have never seen any problems. Rosenlund said she sometimes lets Poochy sleep with her.
Hadley police officer Mitchell Kuc said Poochy is responsible for as many as five bites, though Gralinski would admit to only three.
At the court hearing, Kuc read comments that Gralinski made about Poochy before the Select Board on June 1, including "If he doesn't like you, you're in trouble."
Kuc asked the judge to enforce the Select Board's order, but said he has no objection if Poochy is kept alive pending the outcome of the civil suit.
After the hearing, Kuc said that Gralinski has been cited numerous times for failure to register his dogs.
Gunther said she is concerned about the safety of Gralinski's neighbors if Poochy remains alive, and wishes the judge would view the tape of the June 1 Select Board hearing.
"Maybe they don't realize the extent of my dad's injuries," she said.
(Daily Hampshire Gazette - September 22, 2011)
