CALIFORNIA -- An animal control officer testified Friday about his interactions with two dogs before and after a May 2012 attack in Palermo.
Officer Ryan Soulsby of Butte County Animal Control said that following a visit prior to the attack, he concluded the 70-pound pit bull named Gus was among the worst dogs he's ever seen.
"My opinion was that this dog was very dangerous and was going to do bad things if it got off the property," Soulsby said.
The prosecution alleges that Gus and a 45-pound Queensland heeler named Shane escaped the Shela Court property of defendant Chic Gordon and attacked neighbor Virginia Lorusso on May 21, 2012. Lorusso was injured on her right ankle, left leg and right arm.
Gordon, 56, is on trial in Butte County Superior Court on a felony count of allowing a vicious animal at large. Co-defendant Theodore Jason Scherbenske, 57, is charged with a felony count of being an accessory after the fact.
A third defendant, Gordon's son, Ruben Cambra, 34, is charged with allowing a vicious animal at large but isn't on trial because he isn't mentally competent.
Dogs' behavior recorded
Under questioning by deputy district attorney Kennedy Rizzuto, Soulsby testified he used a small camera to record video of Gus and Shane's behavior on Gordon's property prior to the May attack. He was responding to complaints that the dogs were at large and chasing people.
The officer said Gus would often lunge at the field fencing and occasionally poke through openings.
"The pit bull was very aggressive," Soulsby said.
He said the dog demonstrated several aggressive behavior characteristics, including his body weight and position were always forward and not in retreat. Gus' ears were pointed forward and he maintained continuous eye contact.
The dog's tail was wagging, but Soulsby said it was a sign of preparedness and neither happiness nor submission.
The heeler Shane was also present and responding to Soulsby's presence. Shane would sometimes get in Gus' way and Gus would get Shane to move.
Rizzuto asked Soulsby about the wire fence dividing Gordon's property with Lorusso's. He said that type of fence was "inappropriate to contain dogs."
Defense questions expertise
On cross-examination, Gordon's attorney Philip Heithecker questioned Soulsby's education and experience. Soulsby attended Chico State University and earned an associate's degree and a registered veterinary technician's licence, but he didn't complete a bachelor's degree. Soulsby had ongoing training and work experience before working at Animal Control.
Under questioning by Heithecker, Soulsby said he would consider himself an expert on dog behavior and dog aggressiveness based on his years of experience and training. However, the officer didn't consider himself an expert on examining the dynamics of dog attacks or the forensic examination of dog bites.
Heithecker asked Soulsby to define a potentially dangerous dog, a phrase the officer used when he previously spoke with Gordon. The officer said the county code requires a severe attack or two separate, off-property attacks where someone had to take defensive action.
Previously, members of Lorusso's family testified about incidents in 2012 where the dogs chased them and the people had to seek shelter.
Soulsby conceded any dog could be provoked into being aggressive and could be categorized as a potentially dangerous dog. He also said it could be considered normal for a dog to be protective of its own territory.
During his encounters with Gus and Shane, Soulsby didn't let them sniff his hand or scratch their ears. During one of the videos, the officer was walking on the driveway, but appeared to be much closer to the fence in another clip.
Heithecker again played post-attack video of Gus at the Northwest Society for the Prevention of Cruelty to Animals facility in Oroville. Staff members worked to put two control collars on Gus so that a collar with blood on it could be safely removed.
The dog largely tried to avoid the collars and Heithecker pointed out when the dog appeared to urinate. Gus barked until he was restrained and then could be heard growling.
The video appeared to upset Gordon. She used a tissue to dab her eyes while Scherbenske reached his arm out to comfort her.
Testimony will resume Monday. The defendants remain out of custody.
(ChicoER - May 2, 2014)
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