WISCONSIN - One person’s vicious dog is another person’s “misunderstood puppy,” according to arguments in a lawsuit filed in Chippewa County Court.
At issue is the future of “Shay,” an American Bulldog currently owned by Mauro Martinez III and Ashley Brown of 209 W. Columbia St., Chippewa Falls.
The city of Chippewa Falls is seeking a court order to allow police to kill the dog, which the city has labled “vicious” in a lawsuit.
Now the owners want to prevent the execution of their dog by giving it away to Michael Ferguson, who calls Shay a “misunderstood puppy”that he believes he can help lead a happy life.
The city took an interest in Shay when she bit a 6-year-old child on June 6. Martinez and Brown were cited for keeping a vicious animal after that incident.
On Sept. 24, Shay got in trouble again after attacking and inflicting multiple bite wounds on a dog owned by Cindy Eckes. According to the police report, Eckes asked Martinez to stop his dog from attacking her dog and Martinez responded with an expletive.
It was in response to that second incident that the city filed suit to have the dog killed under applicable state statutes. The suit was filed Nov. 10, with the dog owners having the standard 45 days to respond.
They have not filed what could be considered a standard legal reply to a lawsuit, but on Nov. 25 the court received a letter from Ferguson, who asked to take ownership of the dog.
“I believe I can rescue the dog and allow her to have a long and happy life,” Ferguson wrote to Judge Jim Isaacson.
“My first move would be to take Shay out of the environment that has her acting out due to what I believe is unhappiness and move her to an area with less traffic from people and pets,” Ferguson continued. “I think with a loving home I can turn this misunderstood puppy into a good dog.”
Ferguson said Shay would be kept on a chain instead of a fenced-in yard or kennel.
“Please let me save this puppy,” he concluded.
A note from Martinez and Brown submitted to the court Dec. 9 backed Ferguson’s plan, stating that they were giving ownership of the dog to Ferguson to give Shay a chance at a good life.
City Attorney Bob Ferg said he would have to consult with the City Council on how it wanted to proceed with the matter, but he has to wait until the 45-day formal reply window is over before proceeding with any court action.
Ferg said getting the dog out of Chippewa Falls was what the city wanted, but the city would want to prevent the dog from being brought back in the future.
No future court dates have been set on the suit.
(Chippewa.com - Dec 14, 2011)
>>>Earlier Story:
Nov 12, 2011 -- The city of Chippewa Falls is suing to kill a dog the city said has bit a 6-year-old boy and another dog in separate attacks over the past several months.
The suit filed Thursday is against dog owners Mauro Martinez, III, Ashley R. Brown and a third person whose identity isn’t know.
According to the lawsuit:
Martinez and Brown live at 209 W. Columbia St., Chippewa Falls. Martinez owns a white female American Bulldog with the name of Shay. Brown has at times in the past referred to Shay as her dog.
On June 6, Shay left the property at 209 W. Columbia St. to attack and bite a 6-year-old boy. Martinez was identified as the dog’s owner and cited for keeping a vicious animal.
Then on Sept. 24, Cindy Eckes and her dog were going by 209 W. Columbia St. when Shay left the property and bit Eckes’ dog several times without any reasonable cause.
“Martinez was personally aware of the attack being perpetrated and made no effort to stop Shay from attacking and biting. When Eckes requested Martinez get Shay to stop the attack, Martinez replied (with a profanity).”
The city asks that its police department be allowed to kill Shay in a proper and humane way. It also asks the dependents pay the costs and disbursements for killing the dog.
