Mac was one of two dogs that attacked a postal worker last May, then menaced people who tried to help. Mac’s brother Dover died after it was shot by a police officer on the scene.
On Tuesday, Justice of the Peace Arvid Luhning ruled that Mac could live, provided his owner Northey abides by a confinement order for Mac. Northey pleaded guilty last year to owning a dangerous dog, but the court heard two days of evidence so Luhning could decide whether Mac needed to be destroyed.
The conditions of the confinement order include that Mac be muzzled and leashed in public and remain in an enclosure within the fenced backyard when home. Mac must be neutered and Northey must get liability insurance for owning a dangerous dog. Northey was also fined $500.
If Northey fails to maintain proper supervision of Mac, Luhning said he wanted it on the record that it “would result in the seizure and possible destruction of Mac.”
The May 31, 2013, attack happened as letter carrier Gary Haaland delivered the mail. The two boxers burst through a wooden gate that was screwed shut and knocked Haaland down, biting his face and hands.
The dogs then terrorized everyone who tried to help, including neighbours, paramedics, an animal control officer, a firefighter and police officers.
Following the attack, Northey reinforced the gate and built an enclosure within the fenced yard. Mac also passed an eight-class obedience course.
In his decision, Luhning said the attack was a result of a “series of errors” by Northey: selecting a breed of dog (boxers) bred to be guard dogs; choosing to have the dogs’ secure area abut an area where all outsiders approach; attaching the mailbox to the fence where the dogs were housed (albeit in an attempt to make the mailman’s job easier); failing to address the situation after Northey’s wife witnessed the dogs’ reaction to the postal worker on one occasion; and using a piece of wood to screw shut the gate that was “insufficient to withstand” repeated assaults by the dogs.
However, under the proper confinement order, the safety of the public and humane treatment of Mac can be served, Luhning decided.
Outside court, Northey said he respected the court’s decision and would follow all the conditions of the confinement order.
“I think it’s pretty clear that both Sam and (his wife) are committed to seeing their dog be healthy and making sure the public is safe as well,” Northey’s lawyer Bob Affleck said.
(Leader Post - Feb 18, 2014)
The post office should refuse to deliver the mail until the other dog is put down.
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