Wednesday, June 12, 2013

Pit bull attacks spur call for tougher laws

NEW MEXICO -- As they seek justice in the mauling of their pet goat and pony last month, Jessica and Manolo Victor, along with a group of northwest Santa Fe County residents, have found themselves advocating for new animal-control legislation.

A pack of three American pit-bull terriers allegedly owned by 33-year-old Dominic Vigil of Santa Fe killed the pet goat on Mother’s Day, then six days later dug under a fence and killed the 600-pound pony, Henry. Vigil has since been cited with three misdemeanor counts of harboring a vicious dog that killed or injured livestock and three counts of dogs running at large.

The pony was chased, attacked and mauled to death in its pen.

 
A group of 20 people who live near Vigil’s house on Sloman Court, just west of N.M. 599 near Penny Lane, appeared for what they thought would be an arraignment hearing Tuesday in Santa Fe County Magistrate Court, but were surprised when Vigil never showed. Vigil had instead entered a not-guilty plea through the court clerk’s office after he received a summons in late May.

Santa Fe County continues to hold two of Vigil’s pit bulls, along with six puppies, at the Santa Fe Animal Shelter & Humane Society. A judge will make a legal determination as to whether the pit bulls are vicious and whether they should be euthanized. A judge also will decide whether the puppies are to be given up for adoption or returned to Vigil.

On his Facebook page, Vigil advertises the newborn puppies as United Kennel Club purple ribbon — meaning both parents were UKC certified as American pit bull terriers — and prices them at $150 each.


Vigil, who owns Enchantment Roofing Service in Santa Fe, didn’t return calls to his cell phone and business phone seeking comment.

The Victors, who successfully had all but one of Vigil’s pit bulls removed from his property after the pony was killed, said they are now fighting to change county ordinances so that dangerous animals can more easily be impounded.

On May 12, one of Vigil’s pit bulls, who multiple neighbors say ran free on his property, restrained only by an invisible electric fence, got into the Victors’ horse pen and killed the goat. They reported the incident to animal-control officers, who said they couldn’t confiscate the dog unless they had a court order to remove the dog from Vigil’s property, according to the Victors.



The Victors want the county to authorize officers to confiscate any animal suspected of being vicious or dangerous, then require a court order for the animals to be returned to their owners.

“Just that and our pony would still be alive,” Manolo Victor said.

Six days after the goat was killed, the Victors said, three dogs returned in the dark of night and mauled their pony. Manolo Victor said he heard the dogs barking at about 5 a.m. and rushed out to see them running back to Vigil’s property, leaving behind the bloodied family pet. Fearing that he, too, might be attacked, he drove over to Vigil’s house and blasted his car horn until Vigil emerged from the house, Manolo Victor said.

According to a written petition by the Victors to the Santa Fe County Commission, Manolo Victor told Vigil that his dogs had killed their pony and threatened that if Vigil didn’t shoot the dogs, he would. “It happens,” Vigil responded, according to the petition, “Shoot them all.”

Manolo Victor shot and killed a male pit bull, causing the others to flee. The Victors and several neighbors said Tuesday that the carcass of that dog remained on Victor’s property for three weeks.


“It stunk,” Jessica Victor said.

There have been other reports filed concerning Vigil’s dogs in the past two years, including a report of a pit bull attack near Vigil’s business off Siler Road near Agua Fría Street. Santa Fe police said three pit bulls at that location attacked a small dog on May 14, but police haven’t been able to confirm if those were the same dogs involved in the attacks on the Victors’ animals.

Another neighbor of Vigil’s residence, Audrey Ballew, said one of Vigil’s pit bulls attacked her Labrador puppy, Dixie, in Ballew’s yard about two years ago. After fighting off the pit bull with a rake, Ballew’s husband shot and killed the pit bull. Ballew’s dog survived but has a permanent limp.

Jessica Victor said she is dismayed by Vigil’s lack of empathy for his neighbors and his dogs.

Santa Fe County sheriff’s deputies and animal-control officers called to the scene seized the two dogs that ran off after Manolo Victor’s gunshot, as well as the litter of six puppies, according to Capt. Adan Mendoza.

One dog, an elderly female pit bull, was left on Vigil’s property. “We were unable to prove that the last dog was involved in any of the attacks,” Mendoza said Tuesday.


The remaining dog still has neighbors fearful to go outside. “We’re petrified,” said neighbor Jane Shea-Oliver. Other neighbors said they feared going outside to get the newspaper and mail.

Jessica Victor, mother of three boys, said there are six children — all under the age of six — living in close proximity to Vigil’s property.

The Victors also want County Commission to require owners of dangerous dogs to have a six-foot tall fence installed to contain the animals. The 20 other neighbors signed off on the petition.

“If your going to have animals like that, keep them contained,” said one neighbor, who wished to remain anonymous for fear of retaliation. “It’s not the dog, its the owner.”


Jessica Victor said she filed a claim against Vigil in Municipal Court two weeks ago asking for about $10,000 in damages to pay for the vet bills, the value of the goat and pony, the cost of burying them and the trauma caused to her and her children.

Vigil is scheduled for a court hearing on June 28. Capt. Mendoza said the county will request restitution from Vigil at a future hearing to cover the expense of keeping his dogs at the shelter.

(Santa Fe New Mexican - June 12, 2013)

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