Pit bull, which was declared dangerous and returned to owner, bites again

IOWA -- A dog previously deemed dangerous by Des Moines and removed from its owner's home has bitten another person, according to police.

Simba bit Guy Weldon in the leg Tuesday, requiring a hospital visit and stitches, according to police.

Simba has not been captured.

Abby Jacques, 20, of Des Moines, Iowa, walks her dog, Simba, around
the block of her neighborhood on Tuesday, June 16, 2015. Simba was
seized by the police and was being held at the Animal Rescue League
in Des Moines until the court sided in Jacques favor and allowed her to
 keep her pet. (Photo: Bryon Houlgrave/The Register)

"The owner is refusing to cooperate and this dog is still at large," Sgt. James Butler said.

The 2-year-old dog has the appearance of an American Staffordshire terrier, commonly referred to as a pit bull, although its specific breed is uncertain.

Butler, the police department's chief humane officer, said owner Abby Jacques, 20, could face charges, including failure to report a dog bite, interference with or harassment of a public official, and failure to comply with an order from the chief humane officer.

"The urgency is always to prevent the public from future attacks," he said.

The latest bite comes less than two weeks after a judge ruled Des Moines authorities did not follow proper procedure when they removed the dog from Jacques' home in February.

A police report from Tuesday's incident states that Simba attacked Weldon, 37, on the city's northeast side. Weldon told police he was trying to get a stereo from Jacques and her sister, Chelsea Jacques.

According to the police report, Simba escaped from a car when Weldon opened a door. The dog latched onto his left calf, causing a laceration one inch wide and four inches long.

"That dog just tore into his lower leg," Weldon's mother, Kathy Woolsey, said. "I'm infuriated … the animal control guy said they got that dog before."

Weldon was not available for comment.

Des Moines police detained Simba in February after the animal reportedly bit a neighbor in Jacques' Drake neighborhood apartment building.

Animal control officers deemed Simba dangerous and planned to euthanize the dog. A court appeal from Jacques, represented by attorney Jaysen McCleary, prevented the dog's death sentence.

A ruling this month from Judge Arthur Gamble ultimately determined Des Moines police unlawfully seized the dog and ordered Simba be returned to the owner. The dog was returned to Jacques on June 12.

The court took no position on whether Simba was in fact a dangerous dog, but rather targeted the city's disregard for its own rules on seizing animals.

"A decision based on such utter disregard of the city's own procedural code cannot be allowed to stand," the ruling read.

Jacques did not respond to requests for comment for this article.

McCleary distanced himself from the owner and said he knew nothing about Simba's latest biting incident when contacted Wednesday.

He said he created a trust that became the dog's owner on March 17, but the judge refused to give the dog to the trust.

McCleary, of Des Moines, has fought legal battles to free multiple dogs seized by local cities and slated for euthanasia. Last year he gained ownership of a pit bull once deemed vicious in West Des Moines. The dog was later evaluated by a dog trainer and the designation overturned.

He said the incident this week supports his argument that dogs should not be punished for having irresponsible owners.

"This is a perfect example of the problem. It's the owners. It's not the dog," he said. "(Simba) needs to be rehabilitated and he needs to be evaluated."

(DesMoinesRegister.com - June 24, 2015)