Friday, August 21, 2015

Aggressive pit bull taken from owner; Will not be returned this time

MASSACHUSETTS -- The aggressive dog that was ordered kept on a “short leash” by the town earlier this month has been taken from his owner, and police say the dog won’t be returned to him this time.

Ted Burrell said his 2-year-old pit bull mix Baker got out of the house this past weekend "by accident" and scared a couple walking on Shelburne Road with their dog.

“He’s an escape artist,” said Burrell. “That’s all. He didn’t try to attack — he wanted to play.”

After a mail carrier was attacked by the same dog this summer, the postmaster required about a dozen residents on Shelburne Road to either pick up their mail at the post office or install a mailbox at the curb until the issue is resolved to his satisfaction.


The postmaster said one of his mail carriers was attacked by Baker, but was able to fend the dog off with his mail bag.

The dog was taken to the sheriff’s dog shelter after that incident and was returned to Burrell after a hearing was held and Greenfield Police Chief Robert Haigh set certain conditions for the return, including keeping the dog on a leash and muzzled when off his property and not bringing the dog to any of his rental properties.

Haigh said he received a call that Burrell’s dog had left his property without a muzzle or leash and that the dog scratched a man walking his dog after the man picked his dog up to get him away from Baker.

“Baker was just trying to play with the dog,” said Burrell. “There was no bite.”

Haigh said that doesn’t matter.

“I put rules in place after the first incident,” he said. “Those rules weren’t followed.”

Haigh said Greenfield Health Director Nicole Zabko reported that she saw the dog with Burrell at his 4 Armory St. property on Aug. 13.

“I told Ted he was in violation then,” said Zabko. “I told him I was going to forward the report to police.”

Burrell said Baker got out of his house Sunday when his dog sitter wasn’t looking. Burrell said he was not at home at the time.

Police immediately removed the dog, which is now at the sheriff’s dog shelter in Turners Falls.

“That’s where the dog will stay until after a hearing,” said Haigh. “The hearing will be held within the next few weeks. That’s when we will decide what will happen next.”

Burrell was warned by Haigh earlier this month that if he violated any of the conditions, the dog would be permanently removed.

Burrell said he will “not go down without a fight.”

He said his dog is not vicious, like police are trying to make it out to be.

Haigh said that’s not the point — the dog will eventually be evaluated by the shelter to determine if it is adoptable. He said Burrell is in violation, plain and simple.

Zabko said she asked if Burrell would surrender the dog, but he refused.

Burrell said that is true.

“I am not going to surrender Baker,” he said.

Porch mailbox delivery will resume

Zabko said she believes the postmaster is ready to resume delivering mail to people’s porches on Shelburne Road, now that the dog is gone.

In a letter to residents dated July 24, Annemarie Howard, supervisor at Greenfield Post Office, said the dog “attempted to attack one of our letter carriers” on June 13. She continued, “This was a serious situation and the letter carrier could have been seriously hurt. His quick thinking, using his mail satchel, saved him from injury as the dog bit onto the satchel.”

The letter then said that for the safety of mail carriers, mail delivery will be moved to the post office or curb until further notice.

Burrell also got a letter, but he said he must get a post office box, which he has, because mail carriers will not deliver to his home, even in vehicles.

Haigh ordered Burrell neuter the dog after the first incident with the mail carrier. He also required Baker receive all of the necessary shots and be licensed with the town, all of which has been done.

Zabko said state law is very clear about what a town can and cannot do about dog complaints.

“It’s very clear about the definition of a dog that is a nuisance versus a dangerous dog,” said Zabko. “Baker is currently considered a nuisance, because there is no record of a bite.”

Zabko said until state law changed in 2012, a town could have had a dog removed from its borders, but that just led to problems for other towns. She said state law also protects against discrimination against certain breeds, like pit bulls.

Haigh said he told Burrell if he “slipped up even once,” the dog would be taken away from him.
Burrell said he thinks people are overly cautious about his dog because of its breed.

“He’s a good dog,” said Burrell. “He just wants to play.”

Mayor William Martin said he has been kept abreast of the situation and has received a “mini petition” from the dozen or so residents on Shelburne Road voicing their concerns about Baker.

“I fully support how the chief and others are handling this situation,” said Martin.

(The Recorder - ‎Aug 19, 2015‎)

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