Police Chief Timothy M. Lee, on the advice of town counsel, decided to release the dog back to Officer Shawn Souza while he decides the fate of the pit bull following a three-hour hearing Wednesday, he said.
While the dog has been returned home, conditions were attached to his release.
The dog must be muzzled when he is alone in the yard or when people other than Souza are in the yard with him, but can be unmuzzled if he is outside just with Souza, the chief said.
The pit bull can only leave the property for veterinary appointments and must be taken by Souza on a leash to his car for the appointments, according to the chief.
Souza also built a wooden stockade fence around his property that is 6 feet high in the front and 8 feet high in the back, Lee said.
"I'm satisfied the dog is secure behind the fence," he said Thursday.
Tammy Santos, the woman whose 4-year-old Yorkshire terrier, Lily, was killed, charged Thursday that Souza is receiving special treatment because he is a police officer.
ee declined to respond to Santos' accusation.
The chief, who presided at Wednesday's hearing, will make his decision "as soon as possible," he said.
He wants to review the audio recording of the meeting, review all the evidence and speak with Sandra Gosselin, the town's animal control officer.
He further wants to speak with operators of the Humane Society shelter where the dog was kept before deciding the case, he said.
Both sides can appeal his decision to New Bedford District Court, he said.
Souza said the dog, whose name is Ace, stays in the house most of the time. He also described the dog as a terrier mix and not a pit bull. However, the chief said the dog appears to have some pit bull in him.
"This issue won't come up again. We took the appropriate steps to make sure it doesn't happen again," Souza said.
The dog had been quarantined at the town's expense since the incident May 20 on Hixville Road, according to Lee.
The chief relied on the advice of Town Counsel Anthony Savastano in returning the dog to Souza while he decides the case, he said.
The incident occurred as Santos was walking 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.
(SouthCoastToday.com - June 21, 2013)
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