Monday, July 21, 2014

Bay City man charged with 3 misdemeanors stemming from having dog 'showing vicious tendencies'

MICHIGAN -- ZA Bay City man is facing three misdemeanors after his pit bull mix dog had an alleged toothy encounter with a neighbor, something he disputes.

Brandon J. Hellebuyck, 30, on Wednesday, July 9, appeared in Bay County District Court for arraignment on single counts of having a stray dog, having an unlicensed dog and having a dog showing vicious tendencies. All three counts are punishable by up to 90 days in jail.


 

The last charge states that Hellebuyck "did permit or allow an animal, to wit, a dog, to show vicious tendencies or molest passersby or neighbors when such persons are lawfully on the public highways or right-of-ways or on their own property."

According to court records, the dog was involved in an incident on April 8 at or near Hellebuyck's home in the 900 block of Polk Street in the city's South End.

His neighbor, Denise D. VanWert, told The Times days after the incident that she was having problems with Hellebuyck's dog, a female named Roxy, coming into her yard. She said the dog on April 8 attacked her and bit her upper lip and nose, rendering an injury that required stitches to mend.


Bay County Animal Control officers started an investigation thereafter and Roxy was quarantined at Hellebuyck's home for 10 days, according to Bay County Animal Control Director Mike Halstead. Such an action is common when a dog draws blood from a person.

Interviewed by The Times, Hellebuyck gave a different account of how VanWert incurred her wounds. He said that on April 8, he and four children — his and his fiancee's — were getting ready to take Roxy outside for a walk, and one of the kids was holding a leash tethered to Roxy.


"Roxy has been excited to go for a walk," he said. "She kind of shot out the door and the leash slipped out of (the boy's) hand. She ran about midway into Denise's yard. At that point, Denise and her two daughters were getting out of their van. I called (Roxy) and she came right back."

Hellebuyck said his other dog, a Pomeranian-Chihuahua mix named Abby, also ran into VanWert's yard and started barking. Hellebuyck walked over and picked up Abby while another of his kids held Roxy's leash, he said.

Hellebuyck said he and VanWert then exchanged words and she eventually followed him back to his yard and was standing near the dog. Hellebuyck said Roxy jumped up at one point, striking VanWert in the mouth.

"From what it looked like to me, she either head-butted Denise or maybe pawed her," Hellebuyck said. "I didn't see her actually open her mouth and bite her.

"I'm no expert," Hellebuyck continued, "but from what I saw of it and looking at other bite incidents regarding either pit bulls or any other kind of dog, in my opinion, there'd be some other mark somewhere. They don't have small mouths."

[In the previous article it says the victim had to have 18 STITCHES TO HER FACE -- "He tore my lip wide open, and my nose. He got inside somehow, and tore me so bad I have 11 stitches in my nose, and seven stitches on my top lip," said VanWert. -- and he says his pit bull 'head butted' her. Um, no.]

Hellebuyck said Roxy is 2 and a half years old and he's had her since she was 6 months old. Hellebuyck said no other neighbors have complained about having issues with Roxy.

"I wouldn't have a dog that is vicious around my kids," he said. "She's not aggressive in any way shape or form against anybody."

Hellebuyck still has Roxy and said he was surprised to learn he is facing criminal charges, especially so long after the incident.

"I was kinda shocked," he said. "I figured if I was going to hear something, I would've heard within a month or even two months, not almost three and a half months later."

[Um, it's called investigation, dude.]

Courtney Johnson, a resident of Owensboro, Kentucky, unknown to Hellebuyck, heard of what happened and took it upon herself to start a petition on Change.org entitled "Save Roxy the Pit Bull!"
Johnson created the page several months ago with a goal of gaining 2,500 signatures. As of Thursday, July 17, the petition has garnered 1,693 signatures.


Bay County Prosecutor Kurt C. Asbury, however, said the investigation report submitted to his office supported criminal charges. He also said the April 8 run-in with VanWert was not an isolated incident.

"There has been an ongoing problem with this gentleman and his dog," Asbury said. "This wasn't the first time the dog has asserted itself against (VanWert) or her family."

Since the charges against Hellebuyck were filed, The Times has been unable to reach VanWert for comment. A previously used phone number is disconnected and her residence has a mortgage foreclosure notice on the front door.

Court records do not contain reports indicating what VanWert or Hellebuyck told investigators. The Times has submitted a Freedom of Information Act request to Bay County Corporation Counsel seeking access to those reports and is awaiting the county's response.

Hellebuyck is scheduled to appear for a preliminary examination before Chief District Judge Timothy J. Kelly at 8:30 a.m. on Monday, Aug. 4. He is represented by Bay City attorney Jeffrey Martin.

(Bay City Times - Jul 18, 2014)

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