ARIZONA -- Twenty-three days later, the wounds on Juanita Rios’ left side and right shoulder were still visible.
Meanwhile the family of the alleged attacker said the incident was a complete fabrication.
“I want a stay of execution,” said Ashley Lybarger, owner and self-described “mother” of a male Great Dane named Lincoln.
The scene was Safford Magistrate Court; the occasion an April 30 hearing that weighed community safety against an owner’s devotion to a pet, marked by clashing accounts of events and allegations of mistreatment.
On the afternoon of April 7, Rios said the dog attacked her as she walked to her son’s school bus stop, knocking her down in the street. As well as suffering a number of scrapes, she claimed she was bitten several times and her cell phone was broken. Rios testified that all three of Lybarger’s Great Danes were loose and chasing cars. The others, Rios said, would have joined the attack if Lybarger had not taken them all back to her house.
Though shaken, she admitted she declined Lybarger’s suggestion to call police immediately and continued to the bus stop. Her concern, she said, was keeping her son safe from an attack; at any rate, she was unable to call with her phone broken. After returning home, Rios told her mother what had happened.
Eight minutes after the incident, a neighbor named Michael Rios called the Safford Police. According to Michael Rios, though he did not witness the attack, he said the dogs had a history of aggressive behavior. He described them as “very dangerous.” It was not the first time they landed Lybarger in court. She was cited earlier after one was loose and allegedly nearly attacked another neighbor.
Animal control officer Randy Damron responded to the call and heard Juanita Rios’ account. She then went to the hospital emergency room, where her wounds were photographed.
According to Damron’s report, Lybarger did not completely deny the attack; “she said she only saw the one bite.” After advising her that Lincoln would be impounded for at least 10 days, Damron and Lybarger loaded him into the officer’s truck.
“I also said if these dogs cannot be contained,” Damron wrote, “then something needs to be done about these dogs and then Ashley said she has been trying to secure the fence better and asked me if I seen it and I said yes but it needs to be better.”
Lybarger was cited for vicious dog and leash law violations and not having a current rabies vaccination for Lincoln. She told Damron she had given the shot herself. “I advised her that the rabies shot must be given by a vet and any other shot is not recognized.
“I feel that these dogs are not kept contained good enough to prevent them from getting out of the yard and attacking citizens,” Damron wrote.
The State of Arizona agreed, at least in Lincoln’s case. At issue in the April 30 hearing was its motion to have him put down.
“It was not a motion sought lightly,” said City Prosecutor Matt Clifford. “Many of us are dog lovers, but there are times when human lives and safety take priority.”
After seeing the evidence, including a firsthand look at Rios’ still-healing wounds, and hearing the witnesses, Judge Corey Sanders granted the motion.
Lybarger still faces a May 21 trial; she has not appealed Sanders’ verdict so far. But she maintains the attack never happened, accusing the Rios family of false accusations and insisting Lincoln was tied down, despite the photographs of Rios’ wounds and the fact Rios showed them directly to the court.
Lybarger also alleged they did not report the attack for three hours, despite the fact that the police report shows Michael Rios calling after eight minutes. Michael Rios said that, in view of the upcoming trial, they were not prepared to comment at this time, though he did say they would like “to move past” the incident.
Lybarger also denied telling Damron she had seen one bite. She insisted Lincoln was harmless, claiming he has been at public events without incident, though she called no confirming witnesses. A state witness, animal control officer Chance Moore, of the Graham County Animal Shelter, disputed that assertion. He described Lincoln as very aggressive, often lunging at anyone who approaches.
Carol Coughlin is a board member with the Gila Valley Animal Awareness Group, a non-profit organization dedicated to animal welfare. She was not at the hearing, but remembered Lybarger and Lincoln from one of their events. She recalled no incidents, but cautioned that this does not rule out his attacking Juanita Rios. Coughlin also said a loose dog, as Lincoln allegedly was, can behave differently than one with its owner.
Lybarger went further by leveling allegations of mistreatment against Moore’s employer. “My dog is also starving in the animal shelter, I have proof,” Lybarger told the Courier. “He has gotten mange in there, and also he has injuries from someone there on his stomach.” Her “proof” consisted of a few unclear photographs, none of which show disease or injuries. Nor do pictures taken by shelter staff.
These tell a different tale, of a slightly thinner but still healthy animal with no sign of mange or injuries.
“This Great Dane is well and being treated with great respect,” said shelter supervisor Matthew Provencio.
Moore said Lincoln is fed regularly like every animal in the shelter’s care, though he refused to eat for the first week. Lincoln has since adjusted to his surroundings and been eating regularly. Initial refusal to eat is not unusual behavior in new arrivals, Moore testified.
Coughlin agreed, saying changes can be upsetting. A onetime Great Dane owner herself, she also pointed out that the breed is naturally thin.
On Lybarger’s allegations in general, Coughlin said the Gila Valley Animal Awareness Group had nothing but positive things to say about the shelter and its staff.
(Eastern Arizona Courier - May 22, 2015)
No comments:
Post a Comment