Friday, September 4, 2015

Avon Lake Municipal Court judge rules two pit bulls dangerous after fatal dog attack

OHIO -- As the city crafts a strict ordinance to regulate dogs deemed dangerous, Avon Lake Municipal Court Judge Darrel Bilancini this week ruled  two pit bulls that killed a Shih Tzu in early August are dangerous.

It was the August attack and an earlier one that encouraged the city to adopt the ordinance, which is expected to be finished as early as this month.


Bilancini declared the dogs of Donald Golas to be dangerous under the definition in the Ohio Revised Code. Golas had asked the judge to intervene after Avon Lake police declared the dogs dangerous following the fatal attack.

Under state law, a dog declared dangerous is subject to restrictions including a $100,000 insurance policy and rules that the dog be leashed and muzzled or kept in a fenced yard at all times.

If the law is violated, the owners could be arrested, fine or even jailed.

Golas could appeal the ruling. Meanwhile, he and wife Melinda Golas face two criminal charges of allowing animals to run at large. That hearing is scheduled for 11 a.m. Sept. 17.

Perry Pascarella, the Shih Tzu's owner, said Wednesday that he still mourns his dog Bella.

"My daughter originally bought Bella 10 years ago," he said. "Four years ago, she moved to Florida and we were watching the dog for a while. Then, 2-1/2 years ago she made it official and gave us the dog."

Pascarella said Bella filled a void and soon became an important part of the couple's lives.

 

"We're both 81 and we don't go out much," he said. "We're pretty lonely. But every day, I would take Bella for a long walk, about a mile and a half. She would go longer if I let her. That walk helped my health too."

He said he walked the same route around his neighborhood and never experienced a problem until the morning of Aug. 10.

"These two large dogs came out of nowhere and attacked Bella," he said. "It was horrible. I kicked them and kicked them, but they would not let her go. Each dog had part of Bella in its mouth. I dropped to my knees and started punching the dogs as hard as I could, but they ignored me. I grabbed one around the throat, but it was like wrapping my hands around a steel pipe.

"They seemed so evil," he continued. "They killed my kind, sweet, gentle Bella."

The dogs finally stopped when the Golas pulled them off, but Bella was dead. Police arrived and noticed Pascarella's bloody hands.

"I was so upset, I didn't even realize I had been bitten on my hand," he said.

According to the police report, Golas and the police went to the gate on Golas' property after the attack and noticed it was unlocked. Police and Golas presume that's how the dogs escaped.

Perry Pascarella stands before his "little shrine" to his dog Bella
that was killed by two pit bulls on Aug. 10. He said the cards, letters
and flowers displayed were sent by people, most of them strangers,
who heard about his dog's death. Photo: Michael Sangiacomo
Avon Lake Mayor Greg Zilka said the city has hired a Medina law firm familiar with dog legislation to assist council in writing a dangerous dog law that will hold up in court.

The lawyers will review the legislation written by Councilman Dave Kos and modeled after state law. Council already has had the first reading of the proposed legislation, but expects to change it if necessary before the second and third readings, after which it becomes law.

Neither the Golas nor their lawyer, Timothy Fitzgerald, could be reached for comment.

Zilka said the attack on Pascarella's dog and a similar attack has been traumatic for the neighborhoods and the city.

"We need to make sure we protect people and animals from this kind of thing happening again," the mayor said.

(Cleveland.com - Sept 3, 2015)

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