In a statement posted on his kennel Facebook page, Berkowitz wrote that the dog faces inhumane confinement at the borough shelter with no release in sight. He said he has asked that his private veterinarian be allowed to kill the dog "in the comfort and presence of his human family."
"This is a heartbreaking decision for our entire family at Apex Kennels but one that we as responsible dog owners must make," Berkowitz wrote.
Wizard broke free of his chain and mauled Elin Shuck May 10 at Berkowitz's dog yard. Shuck's mother was walking one of her own dogs through the yard of more than 50 huskies at the time. The mother was carrying her infant on her back and was followed by Elin and her 4-year-old son.
Berkowitz was not home the day of the attack and said he never would have allowed young children in his dog yard without his presence. The borough animal control chief recommended Wizard be killed under a borough law that calls for animals that seriously injure humans to be put down, except under certain conditions.
The borough Animal Care and Regulation Board was split 2-2 on Monday, with two members saying the dog should be put down and two saying the family was trespassing or provoked the dog. Board chairman John Wood questioned the mother's decision to bring the children into the dog yard but said he was concerned Wizard could attack a person again.
The order allowed the dog to live pending any appeals. Borough lawyers on Tuesday filed a motion asking the board to reconsider its decision.
Berkowitz's attorney, Myron Angstman, said the case could have dragged on for months, with the dog confined without exercise in what the musher considers to be inhumane conditions. Berkowitz cannot afford an endless legal battle, Angstman said.
"You can only keep up the good fight for so long, they don't have public defenders for dogs who are on death row," Angstman said.
Assistant borough attorney Lisa Richard said the dog could be put down as early as today. The borough had not reached a final agreement with the musher on plans to kill the dog, with some details still being discussed as of Thursday morning, she said.
"Borough staff and the legal staff here at the borough agree that the most important thing is that this dangerous dog is removed from the community so this can't happen again, ever, through that dog's actions," Richard said.
Shelter spokeswoman Carol Vardeman said a member of the shelter staff would verify that the dog was put down, and the musher will be charged $540 in boarding fees for the borough keeping custody of the dog since the attack.
A shelter veterinarian testified at the hearing on Wizard's fate that the dog appeared to have a heightened prey instinct. When her own children visited the shelter, she testified, the dog reacted to a loud noise made by her daughter by lunging at a door. The children and dog were separated by locked doors, she said.
In his statement, Berkowitz wrote that the vet's children teased or tormented the dog. Wizard reacted as any dog would, he wrote.
"We strongly feel that this is an irresponsible way of conducting the necessary steps of treating Wizard and we feel it is inhumane to further torment an animal in these unfamiliar foreign living conditions," Berkowitz wrote.
Vardeman said the veterinarian's children volunteer at the shelter. Volunteers are allowed to go into the quarantine area, where Wizard was being held along with other dogs, to help with cleaning, she said.
"You have to place the blame somewhere and it's not always well placed. She's been a veterinarian for over a decade. Someone who dedicates their life to protect animals would never do that."
Angstman said both the musher and the borough are seeking to put the dog down this week.
The Bethel attorney, who is also an Iditarod veteran, said the family initially fought the borough recommendation to kill wizard both to spare the dog's life and to tell their account of what happened on the day of the attack.
"From our point of view, that was successful," Angstman said. "Most people it seems now appreciate what happened and appreciate that the Berkowitzes were not a part of what happened that day."
Berkowitz declined to be interviewed Thursday.
The mother of Elin Shuck, Jennifer Sundquist, wrote in an email that she is saddened that any animal has to be killed, but that Wizard meets the borough's classification for the most dangerous of dogs.
"For the safety of other children and to prevent this from happening again my family and I feel it's absolutely necessary to have him humanly euthanized," she wrote.
Her attorney, Mike Patterson, would not say if the family plans to file a civil lawsuit related to the attack.
Sundquist and her husband paid the musher to board some of their own dogs at the kennel and visited the day of the mauling to drop off payment and pick up dogs, they said.
Here is the full statement by Berkowitz:
"The events of May 10th will always haunt the Shuck family as well as our own at Apex Kennels. The incident was completely preventable and due to a series of poor decisions that day, Elin's life nor Wizard's will ever be the same. Our thoughts and prayers have and will always be with the speedy recovery of Elin and her siblings.
"Since the attack we have fought for Wizard to live and in two rulings the Animal Control Board has not been able to put Wizard down because they can not recommend a level class 5 status for Wizard.
"However even after Wizard was ordered to be reclassified by the Chief Animal Control Officer no reclassification has been made and we are still denied the opportunity to visit Wizard. Since May 10th a total of 47 days have passed and Wizard has been kept in a small indoor kennel, with no outside privileges, and devoid of healthy human interaction.
"We learned of the unauthorized actions of Borough Veterinarian Dr. Katrina Zwolinski bringing her own two children in to the quarantine area to tease and torment Wizard in an effort to illicit a response, an act that any dog would react to. There were no other witnesses, documentation, or licensed behaviorist to conduct a safe and healthy evaluation. We strongly feel that this is an irresponsible way of conducting the necessary steps of treating Wizard and we feel it is inhumane to further torment an animal in these unfamiliar foreign living conditions.
"At this time, the borough has filed a motion to reconsider the board's decision all while Wizard is still in Animal Control .Our philosophy has always been to give our sled dogs the respect, care, and active lifestyle they deserve as elite athletes. Our puppies and adult dogs are accustomed to being off their chains while having the joy and stimulation to bond and socialize with the other dogs and mushers in the safety of our 10 acre property.
Due to no indication of releasing Wizard and what we see as inhumane treatment, we can not continue to allow him to live the way he has at the Mat-Su Animal Control Facility. This is a heartbreaking decision for our entire family at Apex Kennels but one that we as responsible dog owners must make. Sadly we have requested for our own Veterinarian to euthanize Wizard in the comfort and presence of his human family. Wizard, we are sorry that this situation transpired and you will always be in our hearts as well as so many others that you have touched through your short life."
(adn.com - June 27, 2013)
