MASSACHUSETTS -- Despite efforts to remove him as the hearing officer, Police Chief Timothy M. Lee will preside today over a dog hearing involving an officer's pit bull that killed a neighbor's Yorkshire terrier.
The owner of the Yorkshire terrier, Tammy Santos, and her attorney, Robert M. Xifaras, filed a motion for Lee to step down as hearing officer because of a possible conflict of interest.
However, the chief said Tuesday he will preside at the hearing, which is scheduled for 2:30 p.m. in the Select Board's meeting room at Dartmouth Town Hall. Xifaras said he has stated his objection but will proceed with the hearing.
Sgt. Scott Lake was scheduled to hear the case, but Lee said the Select Board appointed him as the hearing officer, Lee said.
The chief said he has the ability to be impartial in the case that involves Shawn Souza, one of his officers. "I've done these police disciplinary hearings for years. I don't think you will find anyone who says I wasn't impartial," he said.
The dog is currently being held in quarantine as he awaits his fate. The chief said he can order that the dog be put down or that the owners keep the dog in a pen, place a muzzle around its mouth or purchase insurance.
Either party can appeal his findings to a District Court judge, he said.
The incident occurred about 3:30 p.m. May 20 on Hixville Road as Santos was taking her three dogs — a 14-year-old Pomeranian, a 4-year-old miniature Yorkshire terrier and Lily, the 4-year-old Yorkshire terrier that was killed, according to Santos' complaint to police.
Souza's pit bull attacked the Pomeranian on her property and, when she put Lily down to rescue the Pomeranian, the pit bull grabbed the Yorkshire by her neck "and shook her violently for 10-15 seconds" until she died, the complaint said.
"I'm just heartbroken. I don't want him to get away with it because he's a police officer," she told The Standard-Times. "My family is devastated."
In addition to the dog being killed, the Pomeranian suffered bites to the leg, neck and abdomen and Santos was bitten on the hand trying to free Lily, she said.
She performed cardio-pulmonary resuscitation but the dog died, according to her complaint.
The injured Pomeranian was treated at a local veterinarian and Santos was seen at St. Luke's Hospital for injuries from the pit bull, she said.
Santos wants Souza's dog euthanized. "I don't want the dog back. The dog killed my dog and almost killed a second dog," she said.
Souza, who said his dog is a terrier mix and not a pit bull, has a different version of what happened.
"My dog acted appropriately to defend my daughter from three loose dogs who chased her down the street," he said Tuesday night.
Santos' dogs get loose regularly and chase his 8-year-old daughter, he said.
(South Coast Today - June 19, 2013)
