CANADA -- A still-traumatized postal worker recalled in court Tuesday the dog attack that cost her part of her thumb and left her unable to work.
Judy Norris, a temporary letter carrier with Canada Post, testified at the trial of dog owner Lindsay Taylor, 26, of Belleville.
The dog that caused the injury — Taylor's mastiff, Thor — was euthanized as a result.
But another of her dogs, a brown boxer named Cora, was also involved in the incident. Taylor was charged with the provincial offence of failing to prevent that dog from biting.
Justice of the Peace Deanna Chapelle heard the case in at the Hastings County courthouse on Pinnacle Street.
Norris said she was delivering mail on Wallbridge Crescent, near the city's public works yard, shortly before noon on July 5, 2011.
Norris, a slight woman with her brown hair in a ponytail, testified she crossed the lawn to make her next delivery and noticed a woman with two dogs — Thor and a brown boxer — near the house.
"There were two dogs charging me … at a full run," said Norris, who tried to block her legs with a mail bundle.
"They were biting all around me, circling me," said Norris, her voice quavering. She said she "yelled for the dog owner to come and get them" but couldn't see the other woman.
"I thought I was going to be killed."
Norris said she saw "blood everywhere" before noticing half of her left thumb was missing.
"I still have nightmares," she said. She said she remains fearful of strange dogs and is unable to work.
Thor had attacked a delivery boy in January 2011, resulting in a fine against his owner. Taylor testified she and her partner, Brian Pennell, then reinforced their backyard fence, cemented a leash into the yard and placed a "beware of dog" sign in their locked front door.
Taylor did not have legal counsel Tuesday. Pennell acted as her agent.
He debated with prosecution witness Ron Pierce, the city's contracted animal control officer, over the process leading to the charge.
Pierce testified he laid the charge after speaking with Norris' supervisor, Travis Shalla, and city police, but had not yet interviewed witnesses.
"You based your charge on second-hand information," Pennell told Pierce.
Taylor testified she had agreed with Pierce, letter carrier supervisor Travis Shalla and Belleville Police that if she euthanized Thor no further charges would result. She said it was never agreed that the lack of charges was limited to Thor's actions.
Taylor said she was only steps away from Norris when the dogs charged and, by the time she reached her, the dogs had already moved away from Norris.
Prosecution witnesses Norris, Taylor's neighbour Shawn DesRochers, and Pierce each testified both dogs attacked, though none said the boxer bit Norris.
"We do not deny that something terrible happened … something that cannot be taken back," Pennell said, acknowledging the lasting impact for Norris.
He said the couple were not asked to euthanize Thor but offered to have it done because it seemed to be the best option for all sides.
Taylor and Pennell expressed remorse for Norris' injury but their boxer has never shown any aggression.
Prosecutor Vayia Ellsworth, though, said the prosecution had proven Taylor failed to prevent the dog from attacking.
"She did not have control of her dog," said Ellsworth. "The evidence is in the result: Ms. Norris does not have her thumb."
Chapelle will deliver her verdict Dec. 13 at 11 a.m. at the Hastings County courthouse.
The offence carries a total fine of $385, including surcharges, upon conviction.
(The Intelligencer - Dec 6, 2011)
