Thursday, May 3, 2012

Officials overturn order for Shih Tzu to be euthanized or banished

IOWA -- “It’s a sad situation all the way around” was possibly the most-often-heard statement during Monday’s Ankeny City Council meeting as members overturned the conviction of a dog that had been deemed vicious for biting a neighbor child.

Last month, Ankeny police told Lynn and Ted Deal that they’d have to euthanize their 9-year-old shih tzu, Max, or move him out of Ankeny city limits because he bit Josie Babcock, 5, as she and a friend were walking by the Deals’ home.


The Deals maintained that although they felt awful for the child and her parents, they believe the dog had felt threatened when Josie approached him and he reacted in an out-of-character way.

The couple appealed to the council during Monday’s meeting to overturn the directive to destroy or banish Max.

“We love dogs and we love children,” Lynn Deal said. “This has been a sad, awful situation for all of us.”

The Babcocks and the Deals live in close proximity. Josie’s father, Troy Babcock, said Josie had been playing at a friend’s home a few houses from her own and was walking home with her friend when she stopped to pet Max, who was not on a leash but was in his owners’ yard. The little girl was familiar with the dog, her father said.

“She just wanted to pet him and hug him, and the next thing I knew, her friend’s mom was carrying Josie in her arms and there was blood all over,” Babcock said.

Some Deal family members and neighbors who addressed the council Monday said it was out of character for Max to have turned on the little girl, biting the lower part of her face and injuring her mouth.

Council members decided that because no one could prove a history of violence on the dog’s part, they could not in good conscience support his being sent away or destroyed.

“It’s hard when you put yourself in the place of the parents of the little girl; it’s a sad situation all the way around, but we have not heard about patterns from anyone tonight,” Councilman Wade Steenhoek said before the council voted 5-0 against banishing or euthanizing the dog.

“It’s troubling to me to think about having the dog put down or pushed outside city limits when it may have felt threatened. Nothing suggests to me that (violence on the part of the dog) may recur.”

A number of neighbors and family members of the Deals who spoke on the dog’s behalf said Max is a friendly older dog who, to their knowledge, had never behaved in an aggressive manner.

Lucy Kluever told the council she has known the Deals for 40 years and Max since he was a puppy. She said she and Lynn Deal volunteer together as clowns, and that Max frequently accompanies them on their volunteer outings.

“Lynn and Ted are responsible dog owners who would never let Max behave in a way that would frighten or harm someone,” Kluever said. “Max is such a good dog. I have a little granddaughter, and I feel terrible for (Josie) and her parents.

“But I would hate to see the Deals lose Max when he is not a vicious dog at all.”

Councilman Jim McKenna agreed that by all accounts, Max didn’t seem to be vicious and probably didn’t deserve to be sent away or euthanized.

photos from Ankeny Patch

“When the dog was approached by Josie, it had no reason to fear her, and Josie had no reason to fear the dog,” McKenna said. “It just seems to be one of those things, and a sad situation all the way around. Ankeny police did their jobs well, but I’d like to reverse the order.”

Councilman Craig Block said he was concerned about whether it was a hardship for the Babcocks to pay the medical bills that resulted from Josie’s injuries.

He also said although he wasn’t in favor of punishing the dog, “in the future, if the dog is aggressive, I don’t think he’ll get a second chance.”

Following the meeting, Babcock said he was very upset that the council had overturned the decision.

“It’s ridiculous — they’re saying animal rights come before public safety,” he said, fighting back tears as Josie stood nearby. “She just wanted to hug the dog. There was no reason for this to happen. He was not on a leash, and she was bleeding profusely.”

Lynn Deal said she was relieved that she and her husband would not lose Max.

She also said she hoped parents would use the incident as an opportunity to remind their children to use caution when approaching animals. Deal added that she and her husband will continue to watch Max closely.

“I feel (the council) made the right decision, but I feel just sick for the child and the parents,” she said.

“We’ve been keeping Max quarantined, and we’ve prayed for the little girl every day.

“He’s a little shih tzu, not a vicious dog, but we’re so upset for the little girl. No one wants to see their pet hurt anyone, especially a child.”

(Des Moines Register - May 2, 2012)