Gerard Matthews, 23, appeared with his defense attorney Tom Clark at a hearing Wednesday in Santa Fe Municipal Court. Victim Anne Stills, still recovering from multiple puncture wounds, observed from the gallery.
Clark told the court that his client does not wish to reclaim his dogs as he feels they are a liability, but would rather have them sent to safe location where they could be rehabilitated. Clark said Matthews had raised the dogs since they were puppies.
Stills, who was attacked while walking Lillie on West Alameda Street on Nov. 12, sat in the courtroom two witnesses to the attack, including a man who was bitten on the back of his left leg while trying to separate the attacking dogs from Stills and Lillie. Another man, who was bitten in the hand while trying to help Stills, was unable to attend the hearing, Stills said.
“They harmed three people that day and killed my dog,” she said, referring to the dogs. “They’re vicious.”
Municipal Judge Ann Yalman will hear arguments about the two female pit bulls, named Nyla and Roxxy, at a pre-trial conference set for 4 p.m. on Dec. 27.
On Wednesday, Clark and Santa Fe Assistant City Attorney Krishna Picard argued about whether Matthews was responsible for paying the cost of keeping his dogs in custody at the animal shelter.
“I can’t imagine a situation where a defendant has to pay for the city to keep them in custody,” Clark said.
After the hearing, Clark compared this situation to one in which as person accused of vehicular homicide is forced to pay the city to store the evidence. “He [Matthews] has to pay to keep the evidence against him in custody,” Clark said.
The fees for housing the dogs from their impoundment through Wednesday had reached $1,250.
Matthews was ordered Wednesday to pay a $500 “bond” for each dog by Dec. 27. After those bonds are paid, the dogs will remain in custody until the judge rules if they should be put down.
The shelter charges $20 a day for impounding dogs, according to the police report.
The report says that Greg Kuebli, who was driving on West Alameda Street with Stephanie Waters, stopped after hearing Stills’ screams and both jumped out of their car to help her. Stills says the dogs jumped the chain-link fence at the property and attacked her.
“It was horrifying,” Waters said. “I didn’t want them to run away with Lillie.”
Waters pulled one of the pit bulls’ tails to get the dog away from Lillie. Meanwhile, according to the police report, Matthews’ niece, who was watching the dogs that day, ran out of her house to help.
Clark said Matthews would regularly leave his dogs with his niece during the day because he couldn’t keep them at his apartment while he worked.
According to Santa Fe police, animal control officers received reports about Matthews’ dogs four times in September — twice for barking, once for running at large, and another time for vicious behavior. Police said Matthews was only cited once, for allowing his dogs to run at large, as there was no evidence of a previous attack.
Stills’ attorney, Stephanie Zorie, says she has found a case where the two pit bulls got loose and attacked a man, ripping his shirt off. Zorie said that she and Stills’ are looking at filing a civil suit against Matthews for damages.
Meanwhile, Stills says she is using her experience to get pit bulls outlawed in New Mexico. “I’m talking city, state and even national,” she said. “I will not stop.”
Matthews, and two members of his family, declined to speak with reporters on Wednesday.
(The New Mexican - Dec 12, 2012)
Earlier:
