But Lee County Animal Services said they didn't have any records of the North Fort Myers dogs attacking anyone or any animal before.
To open a 'dangerous dog' investigation, Florida law requires evidence the dog either attacked a person once or another animal twice.
And they need the proof.
"They had come up to the fence while they were loose and bit my dog through the fence," said Jennifer Spinelli. "He had a really bad wound on his face."
That was the first attack on her dog, Milo. She says the two other dogs injured Milo two other times before eventually killing him.
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"I never saw any of it but it was obvious the dogs had killed my dog because they were trapped in the bedroom with him," said Spinelli.
A tragic incident she believes could have been prevented.
"It was well known these animals had been terrorizing the neighborhood killing other loved pets," said Spinelli
According to animal services spokeswoman Ria Brown, it was never reported in a sworn statement.
"Our hands are tied. They wouldn't be tied if people would be willing to come forward and fill out the statement so we can take it to the next level," Brown said.
Florida law states officers can only cite a dog owner for what officers witness or what a person testifies to in a sworn statement.
"We can't act on something we have no proof of," said Brown.
Documents show officers issued 17 violations against these two mixed-breed dogs, and their owner.
At one point, Animal Services caught the dogs, Bruzer and Baby Doll, but couldn't keep the dogs in their custody.
"This is a tragedy. We didn't get enough for us to be able to remove the dogs, unfortunately," said Brown
Brown says there was no legal reason to hold them without witness statements.
Spinelli believes the 36 complaints should have been enough.
"Something needs to change at Animal Services or this could continue to happen," said Spinelli
Animal Services is working to revise the current ordinance, because Brown says it is a common problem. The change would remove the rule that dogs have to kill two animals before an investigation begins.
The dogs' owner will be charged with threatening and menacing.
The dogs have been euthanized.
(WZVN - July 18, 2013)
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