NEW YORK -- Calling it a case with no "true villains" and "only victims," a Red Hook town justice has ordered the euthanization of two dogs that attacked a jogger.
In a decision delivered Wednesday, Red Hook Judge Jonah Triebwasser placed the death sentence on two Cane Corso dogs named Tank and Gemma. Each dog weighed more than 100 pounds.
The dogs attacked a woman jogging on a public highway in Red Hook on Dec. 30. The attack was interrupted when a passing motorist, apparently the dogs' owner, intervened.
The woman was not identified in the decision. However, she suffered wounds requiring 100 stitches, including deep tissue tearing in her left leg.
The victim had to spend six days in the hospital as a result of the attack. However, the woman testified she could not feel her left leg due to nerve damage and can walk only with the aid of a walker. She also testified part of her leg muscle is missing and further surgery is needed.
"The question now becomes what to do with these dogs," Triebwasser wrote.
State law authorizes courts to order humane euthanasia or permanent confinement if an unprovoked dog attacks a person causing injury or death.
The owner, Jessica South, pleaded for her dogs' lives by suggesting confinement or training.
In his decision, Triebwasser said confinement would be inadequate to protect public safety because the dogs escaped the owner's property and there is no indication that would not happen again. There is no guarantee, he said, training would prevent another attack.
"There is only one remedy that will assure that such a vicious attack will not happen again," he wrote.
He also ordered South to pay a $1,500 penalty, less whatever is to be paid to the victim as restitution for unreimbursed medical expenses, lost earnings and other damages.
He also placed an automatic 30-day stay on his order to allow South to appeal the decision.
In the meantime, the dogs will be confined by Red Hook's animal control officer.
South did not return a phone message left for comment.
Triebwasser's decision was forwarded to the state's law reporting bureau, a step rarely taken by village, town and city judges.
In a signal the decision pained him, Triebwasser suggested South is also a victim because there had been no prior indication the dogs would behave as they did.
And the dogs, he said, were guilty only of their instincts, "victims of some inbred calling of ancient days past when the sight of a creature running meant that it was prey to be chased and pounced upon."
(Poughkeepsie Journal - Feb 2, 2016)
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