Thursday, June 20, 2013

Response not enough, victims say

Stockton couple attacked by two pit bulls say another mauling by the same dogs could have been prevented


CALIFORNIA -- Justin Casto has scars and ugly scabs all over his legs and ankles. His longtime companion, Joanne Moss, says she hates to be at home. One of the couple's three children, 15-year-old Yeahsynda, says she still has frequent nightmares. Yeahsynda can barely discuss the night of May 3 without crying.

Justin Casto and companion Joanne Moss show scars from the wounds they
suffered in an attack by a neighbor’s two pit bulls. About a month later, the
same dogs got loose again and badly injured two other people in a
different part of Stockton. Michael McCollum/The Record

It was on that Friday that Casto and Moss had to battle off their neighbor's two large pit bulls, which had gotten into the yard of the south Stockton duplex they rent. Since that terrifying night, Casto and Moss say they have been frustrated by what they believe was a lax response by Stockton's Animal Services department. This week, however, the frustration turned to anger when they learned that on June 6 - 34 days after Casto and Moss were injured - the same two pit bulls had gotten loose once again and badly injured two other people in a different part of town.

"See?" the 36-year-old Casto said when he heard the news. "I told them this is going to happen again."

The dogs were euthanized after finally being subdued by Stockton Unified School District and Stockton police officers after the June 6 attack at Oak and Baker streets. But Casto and Moss would like to know why authorities didn't do something about the dogs after the near-tragedy they endured on the first Friday of May in the 600 block of East Jackson Street.

"It upsets you, and it just makes you mad that nobody did anything about it," the 40-year-old Moss said. "For Animal Control to leave them dogs at the same residence that my kids saw them pretty much rip their parents apart, it disgusts me."

Pat Claerbout, supervisor for the city's Animal Services department, defended her agency's actions.

She says Animal Services did what it could considering the circumstances of the May 3 incident, the Stockton municipal code that governs potentially dangerous dogs, and the realities of trying to police animals in a cash-strapped city struggling to provide basic services.

Claerbout says her agency is badly understaffed. If she had more than four Animal Control officers, she added, a deeper investigation might have been possible after the May incident and the dogs might have been confiscated from their owner in time to prevent the June attack. One of the four officers will be leaving the department next month, Claerbout said. Starting in July, her force will be even smaller for at least a few months.

"We need more bodies out there," Claerbout said. "The average department for a city our size would be double the staffing levels we have."

Shortly after 7:30 p.m. May 3, Casto was preparing to grill steaks when he heard the sound of dogs fighting. He says he rushed to the front of his duplex to discover that his neighbor's dogs - a black and white pit bull named Domino, and a tan and white one named Ace - were in his yard.

Looking to protect his own small dogs, Casto says, he soon found himself in a pitched battle with Domino. Casto says he hit Domino several times with a piece of a metal bed frame he found outside. Moss tried to help and was bitten on the hand before Casto pushed her away and told her to get inside.

Casto, who works as a butcher, says he next remembered that he had a pocket knife on him. He says he stabbed Domino several times, even as one of his black high-top sneakers was being ripped off, even as one of Domino's fangs was grinding through the nail on his right middle finger. Finally, Casto was able to get inside and slam the door.

"The dogs kept circling around," Moss said. "It was like Cujo around your door."

Moss called Casto's sister, Jennifer Snell, who called 911. Moss next called the dogs' owner, 28-year-old Dion Hale. Moss and Casto say Hale made it home quickly and somehow was able to prod his dogs into metal kennels.

According to the police report, Snell's call to police came in at 7:58 p.m., but officers were not dispatched until 8:17 p.m. It's possible no units were immediately available, said Officer Joe Silva, a police spokesman. Officers arrived at 8:20 p.m., according to the report, which also indicates the matter was referred the same night to Animal Services.

Animal Service's crew of officers, however, is too small to provide coverage on evenings and weekends, Claerbout said. It is unclear, however, why an Animal Control officer was not dispatched until May 8, five days after Casto suffered wounds that required 24 staples at San Joaquin General Hospital and ongoing medical treatment costing thousands of dollars.

Claerbout said when the officer did stop by five days after the incident, Hale provided him with proof of vaccination and licensing. According to Claerbout, reports suggest the incident began with the pit bulls fighting with other dogs. The same reports indicate Domino and Ace did not become aggressive toward any human beings until Casto interceded, Claerbout said. Additionally, there were no past reports to Animal Services of Domino and Ace attacking people.

"There was nothing that told us these were any more aggressive than any other dogs that fight with other dogs," Claerbout said.

As a consequence, Claerbout said her officer, by law, could only issue a "potentially dangerous dog notification" to Hale and order him to keep his dogs confined. The notification laid the groundwork for holding a "vicious dog hearing" if Domino and Ace attacked someone else. Claerbout said with more staffing, a lengthier investigation might have been conducted, possibly leading to quicker action that might have prevented the June 6 attack.

Hale did not return a call seeking comment.

After May 3, Casto and his family lived for more than a month with Snell in Manteca. They say they were afraid to return to the duplex because Domino and Ace were still around.

They finally complained to their landlord, who they say ordered Hale to move the dogs out in early June. On June 6, Domino and Ace were living with Hale's mother at Oak and Baker streets, according to Stockton Unified police. Hale's brother, Marcus Hale, let the dogs loose for unknown reasons, according to officers. Marcus Hale and a woman walking her poodle were badly hurt, and Marcus may face criminal charges, Stockton Unified Police Chief Jim West said.

Though they are back in their Jackson Street duplex, Moss said she and Casto would like to move.
"I can't stand being at the house," Moss said. "I hate the thought of my kids being there. I hate being there. You hear a dog bark, you just freeze."

(Stockton Record - June 20, 2013)

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