After hearing testimony from Upland residents who witnessed the incident and authorities who investigated afterward, Judge Joseph Brisco said Johnny Rango is a dangerous and vicious dog who is to be destroyed immediately.
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| Fagundes pleads for the pit bull next to a photo of the 15 year-old Golden Retriever which was mauled to death by said pit bull |
Brisco also ruled that Johnny Rango’s owner, Alicia Fagundes of Upland, must pay all storage and fees for the dog who has been at the Upland Animal Shelter for about four months awaiting a decision and reimburse the city for their investigation into the incident.
“I think it’s a just decision,” said Daniel Garcia, whose 15-year-old golden retriever was killed in the attack. “Justice has finally been served.”
Garcia was walking Lazer around 8:15 p.m. Aug. 25 through his Colonies neighborhood when he saw the pit bull approaching.
Without provocation the pit bull attacked the Golden Retriever on his shoulder and neck area and latched on to the other dog for about 10 minutes [this is called the death grip in which the victim animal is unable to breathe and sometimes has its windpipe crushed].
He finally released after several neighbors made attempts to remove the dog’s grip.
Such as beating it with a baseball bat, tire iron, stick, piece of rebar...
During that time, two neighbors were injured — one man had several deep bite marks on his hand and another man tore his shoulder, which has permanent damage as a result.
Neighbors took Garcia and Lazer to a hospital, where the dog was given a 50/50 chance to live, but due to his age and the extent of the wound, he died about 4 a.m.
Jennifer Calderon, an Upland animal services officer, was one of the witnesses at Tuesday’s hearing, describing Johnny Rango as a tan and white pit bull, not neutered, between 90 and 100 pounds.
Calderon testified that the pit bull had attacked another dog in 2012, which resulted in one human injury.
Following that incident, Johnny was labeled a potentially dangerous dog and assigned several restrictions.
“Johnny is extremely animal aggressive,” Calderon said. “He wants to attack other animals.”
Other witnesses called to the stand — recounted the gory details of the attack —as well as the injuries to the dog and two men. They also confirmed that the attack was unprovoked.
Fagundes has fought the decision as long as she could, saying Johnny Rango is a good dog who does not deserve to die.
In October, the Upland city prosecutor made the recommendation to label the pit bull as a vicious dog and authorize his euthanasia.
Fagundes appealed that recommendation, and the matter was sent to the City Council, which upheld the recommendation in November.
Fagundes again appealed, sending the case to court.
She was not present at Tuesday’s hearing. Her lawyer, Dennis Assuras, said she was sick and had doctor’s orders to stay home. His request for a continuance was denied, and the judge proceeded with the hearing absent any witnesses for the defense.
“How can someone go forward with the hearing when I’m not there?” Fagundes said during a phone interview after the hearing.
She wanted to know if there was anything else she could do to save her dog’s life.
“If there’s something else I can do, I’ll do it,” she said.
Fagundes said she was planning to take Johnny Rango to a trainer, specifically a pit bull camp, to work on the animal aggression and then send him to live in Arizona.
“She wants very much that her dog not be executed without at least having the opportunity to have her dog trained... to show it’s not a vicious dog and it’s not a threat to the community,” Assuras said.
(Inland Valley Daily Bulletin - Dec 24, 2013)
Earlier:
i was so inspired that i created a tribute to miss fagundes.
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