Jack, the 8-year-old Shetland sheepdog that Beratta raised since it was a puppy, will not be put to death after all and soon will be in a new rural home with other dogs to play with.
“It’s been a real roller coaster of emotions, but this is what we asked for from day one —Jack to go live in the country,” Beratta said. “I couldn’t be happier … and I can’t wait go visit him.”
Oneida County Court Judge Michael Dwyer ruled Thursday to cancel a New Hartford Town Court order to euthanize the dog after he bit Beratta’s two-year-old granddaughter in the face on March 27.
In his ruling, Dwyer agreed with New Hartford Town Justice James Van Slyke that Jack should have been deemed dangerous after the attack, which left 12 puncture wounds on the young girl’s face, but that since the hearing was held only four days afterward, it was too early to determine that the injury was serious enough to order the dog put to death.
“A finding could be made today that the dog caused serious physical injury,” Dwyer said in his ruling. “(But) without a finding of serious physical injury at the time of the hearing (in April), the euthanasia order cannot be affirmed.”
Dwyer also said in the ruling that he did not believe that the girl provoked the attack in any way, and since it’s the second incident the child has had with the dog, he ordered Jack to be placed with a new undisclosed owner that the court interviewed and approved of.
“I certainly feel that Judge Dwyer exerted a great amount of effort in coming to this decision,” said New Hartford Town Attorney Herbert Cully. “We respect it and feel it was well reasoned.”
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| Jack, at his new forever home |
Jack is to be released from the Stevens-Swann Humane Society, where he has been held since the attack, by Saturday, and can no longer have contact with children younger than 12 years-old.
(Uticaod.com - Aug 22 2013)
Earlier:
- Judge asks attorneys for options to death for Jack the dog
- Our view: Stay of execution for Jack the right thing to do
- Condemned to die, Jack has one last appeal
- Judge orders Sheltie to be killed
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