Frustrated by legal system, man feels like he's being victimized again
NEW YORK -- Two urns filled with the remains of his cremated dogs, Oliver and Teddy, are what Ray Tomlinson has left after a shocking attack by two large dogs that killed his toy breeds.
"There was nothing but a bloody mess, " Tomlinson said of the terrifyingly quick kills by an English bull mastiff and a Presa Canario. The dogs weighed more than 100 pounds each compared to his 10-pound poodle-bichon frise mixes.
Tomlinson was not injured in the attack and he was unable to stop the mauling. His dogs were declared dead at the scene by a city animal control officer who answered his emergency call.
The two large dogs, owned by James Garland, 42, of Albany, were euthanized last month following a judge's order. Six violations lodged against Garland on each animal are still pending in court. Motions are being heard in the case prior to trial.
"It was a tragic event and I felt terrible for Mr. Tomlinson, who had to watch the whole thing," said William Kelly, an Albany assistant corporation counsel who represented the city in the vicious dog hearing last month before City Court Judge Gary Stiglmeier. "I'm sure Mr. Tomlinson's testimony made a strong impression on the judge."
Kelly said it is rare for a judge to order dogs to be euthanized after an attack in Albany. It is more common for a judge to place restrictions on the dog, such as confinement to the house or allowing the dog to be walked only by an adult and with a muzzle.
Tomlinson said he does not feel relief or closure after the judge ruled in his favor and the dogs were euthanized.
"I have two dead dogs and a cremation bill for $375," he said. "Not a day goes by that I don't shed a tear for my dogs."
Tomlinson was walking his dogs on leashes near his home in Arbor Hill in the late afternoon of April 9 when the two large dogs broke through a fence behind a house on Clinton Avenue and fatally mauled his dogs. The attacks occurred in Ludlow Alley, parallel to Clinton Avenue, just off Ten Broeck Street near St. Joseph's Church and two blocks from Palace Theater.
Garland was cited by the animal control officer for violations that included vicious dog, chase and harass, dog running loose, unlicensed dog, no rabies vaccination and failure to identify the dog. The violations each carry a maximum fine of up to $1,000, up to 30 days in jail, or both, under the city's dog ordinance. Garland also is responsible for paying veterinary and shelter expenses and the cost of euthanizing his dogs. Tomlinson, who has retained a lawyer, also could receive reimbursement for the cremation of his dogs.
Garland did not respond to messages left asking for him to comment on the case.
"We don't see many attacks that were this fast and fatal," said Brad Shear, executive director of the Mohawk Hudson Humane Society's animal shelter in Menands, where Garland's dogs were quarantined and later euthanized.
The English bull mastiff and Presa Canario are breeds known for their power and strength, bred to guard estates and control livestock, respectively, and the owner should have taken additional safety precautions, Shear said.
At the shelter, the dogs were segregated from the other animals.
"It was clear to us they were not good with other dogs, so we kept them away from other dogs as much as possible," Shear said. He added that the dogs did not present a problem for his staff. "They were pretty nice with people," he said.
Tomlinson hopes to be reimbursed for the cost of cremation for the two dogs that his daughter got as rescues and gave to her father.
"I'm frustrated by the legal system," he said. "I feel like I'm being victimized again. It's a travesty."
(Times Union - June 9, 2013)
Frustrated by legal system, man feels like he's being victimized again
NEW YORK -- Two urns filled with the remains of his cremated dogs, Oliver and Teddy, are what Ray Tomlinson has left after a shocking attack by two large dogs that killed his toy breeds.
"There was nothing but a bloody mess, " Tomlinson said of the terrifyingly quick kills by an English bull mastiff and a Presa Canario. The dogs weighed more than 100 pounds each compared to his 10-pound poodle-bichon frise mixes.
Tomlinson was not injured in the attack and he was unable to stop the mauling. His dogs were declared dead at the scene by a city animal control officer who answered his emergency call.
The two large dogs, owned by James Garland, 42, of Albany, were euthanized last month following a judge's order. Six violations lodged against Garland on each animal are still pending in court. Motions are being heard in the case prior to trial.
"It was a tragic event and I felt terrible for Mr. Tomlinson, who had to watch the whole thing," said William Kelly, an Albany assistant corporation counsel who represented the city in the vicious dog hearing last month before City Court Judge Gary Stiglmeier. "I'm sure Mr. Tomlinson's testimony made a strong impression on the judge."
Kelly said it is rare for a judge to order dogs to be euthanized after an attack in Albany. It is more common for a judge to place restrictions on the dog, such as confinement to the house or allowing the dog to be walked only by an adult and with a muzzle.
Tomlinson said he does not feel relief or closure after the judge ruled in his favor and the dogs were euthanized.
"I have two dead dogs and a cremation bill for $375," he said. "Not a day goes by that I don't shed a tear for my dogs."
Tomlinson was walking his dogs on leashes near his home in Arbor Hill in the late afternoon of April 9 when the two large dogs broke through a fence behind a house on Clinton Avenue and fatally mauled his dogs. The attacks occurred in Ludlow Alley, parallel to Clinton Avenue, just off Ten Broeck Street near St. Joseph's Church and two blocks from Palace Theater.
Garland was cited by the animal control officer for violations that included vicious dog, chase and harass, dog running loose, unlicensed dog, no rabies vaccination and failure to identify the dog. The violations each carry a maximum fine of up to $1,000, up to 30 days in jail, or both, under the city's dog ordinance. Garland also is responsible for paying veterinary and shelter expenses and the cost of euthanizing his dogs. Tomlinson, who has retained a lawyer, also could receive reimbursement for the cremation of his dogs.
Garland did not respond to messages left asking for him to comment on the case.
"We don't see many attacks that were this fast and fatal," said Brad Shear, executive director of the Mohawk Hudson Humane Society's animal shelter in Menands, where Garland's dogs were quarantined and later euthanized.
The English bull mastiff and Presa Canario are breeds known for their power and strength, bred to guard estates and control livestock, respectively, and the owner should have taken additional safety precautions, Shear said.
At the shelter, the dogs were segregated from the other animals.
"It was clear to us they were not good with other dogs, so we kept them away from other dogs as much as possible," Shear said. He added that the dogs did not present a problem for his staff. "They were pretty nice with people," he said.
Tomlinson hopes to be reimbursed for the cost of cremation for the two dogs that his daughter got as rescues and gave to her father.
"I'm frustrated by the legal system," he said. "I feel like I'm being victimized again. It's a travesty."
(Times Union - June 9, 2013)
