Tuesday, February 10, 2015

Elkhart man fights for justice, accountability and compensation after Great Danes attack his dog

INDIANA -- Mitch Nihart wants justice, some answers.

He’s on a mission for Hutch, his Jack Russell terrier, attacked in Nihart’s backyard last month by two Great Danes that were running loose. The larger dogs — subsequently shot and killed by an Elkhart Police Department animal control officer — seriously injured the smaller dog, and with recovery prospects ranging from slim to none, Nihart made the tough call to have Hutch euthanized.

Sure his dog, 15, was getting on in years. He wasn’t going to live forever.

RIP Hutch

 
“But it’s the horror and trauma of the circumstances of his death that are haunting me now,” he said.

It’s not the end of the world, and Nihart knows it. Fortunately, the Great Danes didn’t zero in on a child.

But the love for pets runs deep, and he’s been pushing for some sort of compensation from the owners of the Great Danes. Recognition of his loss. Accountability. So far, though, he’s only encountered roadblocks, which prompted him to come to The Elkhart Truth.

“That dog was always there for me,” said Nihart. He’s now 60 and got Hutch when the dog was a pup.


Hutch served as a nurse of sorts for Nihart as he recovered from injuries sustained while serving the Indiana National Guard and U.S. Army in Iraq. After getting surgery here in the United States on his shoulders to repair damage caused by blast trauma — the percussive force of bombings he lived through during his Iraq service — the dog helped ease the pain.

“He would rest his chin on my face and sleep like a hot pad on my shoulders,” said Nihart, who was featured in a 2008 Elkhart Truth article about serving with his son, Mitch Nihart II, in Iraq.

Hutch also helped ease the anxiety and frustration Nihart sometimes experiences as part of his return to civilian life, a manifestation of the Post Traumatic Stress Disorder he says he suffers.

’STANDING THERE POINTING A GUN’
People’s pets die every day. Hutch’s death, though, was no run-of-the-mill occurrence.

Soon after Nihart’s roommate let Hutch out shortly before 10:30 a.m. on Jan. 12 to do his business, he heard gunshots. Nihart dashed out, encountering an animal control officer.


“He’s standing there pointing a gun at the back corner of the property,” according to Nihart, who now does volunteer work for the Wounded Warrior Project, which aids wounded U.S. service members. “My dog is at his feet, all chewed up.”

The two Great Danes had been reported loose, and on responding to a call that the dogs were in Nihart’s south Elkhart neighborhood, the officer encountered the animals. He arrived just in time to see the big dogs bolt into Nihart’s backyard, where they attacked Hutch.

The officer shot one of the Great Danes, prompting the animals to stop the attack, according to a police narrative of the report. But that didn’t end the matter. Here’s from the narrative, supplied by Sgt. Chris Snyder:

“The second Great Dane continued to act aggressively and became a threat to the safety to the officers and the public. After considering all options, the decision was made to euthanize the second Great Dane. Officers checked the surrounding area, making it safe to shoot the dog. The second Great Dane was put down.”

Such instances are rare, according to Snyder, and putting animals down in such fashion is a last resort.

The two Great Danes were micro-chipped and police tracked down the owner, who received two citations for dogs running at large, according to Snyder. Each citation is punishable by a $500 fine.

’HUGE VOID IN MY LIFE’
Left out of all of this is the perspective of the owner of the Great Danes.

Police aren’t publicly identifying the owner of the big dogs. Snyder said in an e-mail Monday, Feb. 9, that records show the running-at-large fines have not yet been paid and that a March court date is set in the matter.


Nihart, for his part, hasn’t been able to get information on the owner, though he’s filed a public information request with the city. He’s hoping for reimbursement from the Great Danes’ owner or the owner’s insurance company for the $1,400 in fees he faces for the veterinary care that followed the attack and, after that, Hutch’s cremation costs.

Meanwhile, he says military officials have approved his request for a trained service dog to aid him. He should get the animal within six months or so. Whatever the case, there’s no replacing Hutch, and his search for some sort of justice for the small dog goes on.

“I just can’t get my head together right now. It is a huge void in my life,” Nihart said. “He’s been with me through the worst of times and the best of times.”

(Elkhart Truth - Feb 9, 2015)

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