The case centers on an incident that occurred earlier this month involving a seven-year old Perry County girl who went onto Christopher Gaulding’s property unbeknownst to him and was bitten by his pit bull (K2) who was chained to a doghouse in the backyard. Gaulding said he is prepared to fight the order to destroy his family’s pet and to stay out of jail.
Last Thursday, Gaulding was served that five-year old K2 would be humanely euthanized with-in ten days of the letter unless Gaulding files an appeal to stop the destruction of the dog. Gaulding was also charged with a Class A misdemeanor for possessing or owning a dog that bites a person.
As previously reported by the Republic Monitor Zoey Gibson, who lives next door to Gaulding, received major injuries to her right arm on July 9 during what her family described as a “vicious dog attack.”
Gibson had to be transported via ambulance to Cardinal Glennon Children’s Hospital, where she spent two days receiving treatment according to her mother Becky Gibson.
“They closed the wounds up, but not completely. Doctor’s said Zoey is at high risk of infection and the gaps where left to allow room for infection to seep out if it sets in,” Gibson said. “A plastic surgeon at Cardinal Glennon Children’s Hospital said there will be scarring but the wounds will have to completely heal before they can begin cosmetic repairs.”
Although the dog was chained to its doghouse and in its yard Gibson feels the dog should not be allowed to come back.
“I never want to see that dog again. It is a vicious animal and I will not be able to feel safe it they let it come back,” Gibson said.
Gaulding said he feels bad that Zoey was injured but is certain he and K2 are being treated unjustly.
“I plan to appeal the destruction of my dog,” Gaulding said. “K2 is like family. You wouldn’t just let someone put one of your children to death, and that is how I feel about K2. He is like one of my children. When my oldest daughter came home from the hospital K2 laid down right beside her car seat and wouldn’t leave her side.”
Gaulding claims that at the time of the dog attack, he was unaware that young Zoey was on his property. Zoey’s mother previously told the Republic-Monitor her daughter had gone next door to play with some children on the deck at Gaulding’s house.
“K2 was chained with a forty pound tow chain to his dog house and there is 32 feet of clearance between the dog house and the deck,” Gaulding said. “The statement that Zoey was playing with my three kids on the deck is untrue. My two girls were in the house messing around with glitter and my son was on the back deck. He said he saw Zoey coming towards the deck and he came inside, because he didn’t want to play. When he closed the door a little bit later he heard Zoey scream and ran back outside to see what happened.”
Gaulding said Zoey’s parents told him, that she was cutting through the yard to go to another neighbors.
“No one saw the attack, so no one really knows what happened,” Gaulding said.
According to reports from both families, neighbor Larry Brown was the one that came to little Zoey’s rescue. Brown hit the dog with a broom handle, forcing the animal to release the child.
“Our neighbor Mr. Brown heard the attack, and ran over to stop it but no one saw what happened,” Gaulding said.
The Missouri State statute used to charge Gaulding with a crime is very clear on the matter of dog bites. It says, in part, that if a dog that has previously bitten a person or domestic animal without provocation then bites any person or animal on a subsequent occasion, the owner or possessor is guilty of a class B misdemeanor unless such attack results in serious injury to any person, in which case, the owner or possessor is guilty of a class A misdemeanor.
And K2 has bitten another person, Zoey’s stepbrother Ivan Weibrecht who also lives next door to Gaulding. Weibrecht, age 13 was 12 when the bite occurred.
The police report from that bite says it happened on July 16, 2013, and states Weibrecht received a bite or scratch injury to his right arm, which did not require stitches.
Gaulding feels that his dog was antagonized during that first attack.
“K2 has only bit one other person before and that was Zoey’s stepbrother from the same household,” Gaulding said. “He shook sticks at the dog. (After that incident), I had to move K2 closer to the house a while back because the kids next door were down there antagonizing him.”
Gaulding said he thinks it is unfair that he can have his dog chained up on his private property, and still be held accountable. He doesn’t understand if the Gibson family thought his dog was a threat, why they would allow their children to go near him unsupervised.
“I want to know why the mother is not being held accountable for letting her daughter roam unsupervised through other people’s yards,” Gaulding said. “If she really felt that K2 was so vicious and that the attack on Ivan was completely unprovoked then why would she ever allow Zoey to come through my yard in the first place?”
Gaulding feels he was in no way negligent.
“I had my dog chained up on my property,” he said. “I kept my dog from going near them so why are we in trouble and not the person who didn’t keep the kids from coming toward him?” It just doesn’t make any sense and now my dog could be put to sleep because someone ‘wandered’ onto my property.”
As far as uninvited minors being on his property, Gaulding doesn’t have a legal case. A property owner can file trespassing charges in an incident such as this one, but according to Prosecuting Attorney Thomas Hoeh, in Missouri no one under the age of twelve can be charged with trespassing.
Gaulding does, however, feel that he has a case against seeing his dog that he describes as “like family” destroyed. He said he thinks the first time K2 bit or scratched the neighbor boy that the boy provoked the attack.
“I feel that Ivan provoked K2 with a stick,” Gaulding said. “I don’t think that should be considered and unprovoked attack. Everyone is acting like we had this vicious animal living next door and they were terrified of the dog, when the reality is the whole family including Zoey, her parents and her siblings were at our house on the Fourth of July in the back yard with the dogs around celebrating and partying along with many other people, and the dog didn’t bite anyone then. People come over all the time and go back there and there is never a problem, not even a bark. I can’t see him (biting Zoey) for no reason at all. He had to have felt threatened.”
Attempts were made to reach Gibson for her comments on Gaulding’s version of the events concerning both dog bite incidents, but she was unavailable for comment.
Gaulding has until July 25 to file appeal to stop the K2’s destruction and an August 8 court date for his charges. The Republic Monitor will have more on the case as it unfolds.
(Perryville News - July 31, 2014)
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