Erica Lienhart spotted a leashed German shepherd named Monty in the playground at Blue Jacket Park on Nov. 4 and asked owner Joseph Marchica whether she could say hi to the dog.
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| Erica Lienhart |
When the girl reached for the dog, it bit her face. She was hospitalized and underwent plastic surgery. Her parents say she may need additional procedures.
But though state and county laws seem to specify the dog should be euthanized, Erica's parents were outraged to find out that the county will instead hold a hearing Thursday to determine its fate.
Monty's owner, however, argues that his pet was startled by the child, and though he's dismayed that the girl was hurt, he doesn't think his pet deserves to die.
The bite left a small, jagged wound on Erica's face that needed surgery, as well as scraping and bruising, photos taken after the incident show.
Her father, Orlando attorney David Lienhart, says this meets the county's standard to warrant "expeditious" euthanasia: "serious injury" to a person, including "disfiguring lacerations or injuries requiring sutures or reconstructive surgery."
Nearly identical language appears in state law as well. However, officials say the "dangerous dog" hearing set for Thursday will enable them to hear arguments before making a determination.
The hearing follows a quarantine period for the dog, which is standard procedure in Orange County. Monty could be deemed dangerous or potentially dangerous and sent home, or could be put down.
"It's really just an opportunity for both sides to have their arguments heard," OCAS spokeswoman Kat Kennedy said.
Other local agencies follow a similar process to the one the Lienharts have experienced: an investigation, hearings and an appeal process that in some ways mirrors the criminal-justice system.
Though the process is similar, the use of euthanasia varies: In Osceola County, for example, officials consider it only in the most extreme cases, while in Seminole, officials say they tend toward putting dogs down in cases involving any serious injury.
"It's not easy to take the dog and kill it," said Officer Sergio Pacheco of Volusia County Animal Services. He said many factors play a part, including the circumstances of each bite.
Lienhart, however, argues the statute is clear. A lawyer, he says that not euthanizing the dog that injured his daughter could not only endanger others, but also leave the local government liable for the next attack.
"It's a matter of time with this dog," Lienhart said. "It's a bad dog."
The day their daughter was bitten, the Lienharts reported the attack to Orange County Animal Services, which dispatched investigators to Marchica's home in Baldwin Park.
DOG HAS ATTACKED BEFORE
When neighbor Meredith Gibbs saw the Animal Services vehicle arrive, "my stomach just dropped," she recalled. "Please, don't let it be another bite."
Gibbs was bitten by the same dog in late June, a report states. She said she approached Marchica to see his baby, and Monty bit her thigh, inflicting several puncture wounds.
Gibbs contacted David Lienhart. In light of the previous bite, Lienhart says, the attack on Erica was "very foreseeable," and the animal never should have been in a park with children.
According to Gibbs, the dog has a bad reputation in her Baldwin Park neighborhood. One neighbor carries a concealed weapon for fear of it, Gibbs said, and others have complained.
One, Latanae Parker, wrote an email to OCAS last week expressing "complete shock and horror that this dog has not been euthanized" and could potentially be released.
"Many times I have walked by the [Marchicas'] backyard and have heard the dog through the fence snarling and barking at me," wrote Parker, who said she has a young daughter of her own.
Marchica says Monty bit Gibbs because it had spotted another dog down the street. He accused Gibbs of exaggerating the severity of her bite in conversations with David Lienhart.
The dog bit Erica, he said, because she reached for it unexpectedly. He says Monty was likely only warning Erica; had the dog meant to attack, he argues, the damage would have been more severe.
"She could get a cut like that from falling off her bike," he said.
OWNER IN DENIAL
Marchica has gathered statements from several other neighbors, describing the dog as "friendly" or "well-mannered." One wrote it should be muzzled, a precaution Marchica said he plans to take.
(Orlando Sentinel - November 30, 2011)