“We are very disappointed in the court’s ruling, and we will file an appeal,” said Kirsten Knight, the Germantown attorney for the Lucas County Pit Crew.
An appeal must be filed in the 6th District Court of Appeals in Toledo within 10 days.
The dog Bosco was adopted from the Pit Crew on Dec. 23 by Gwen and Matt Boughton of Wauseon. The dog allegedly bit Mr. Boughton during a Christmas gathering at his parents’ house Dec. 26. Mr. Boughton said he reached toward Bosco’s harness to pull him off a kitchen counter when he bit, causing a minor injury needing two stitches.
Pit Crew volunteer Andrea Walters of Swancreek Township picked the dog up that day at the Boughtons’ request and took him to be quarantined in a Fulton County foster home with Kevin Bauer of Pike Township.
The rescue resisted authorities’ attempts to take Bosco to be quarantined at the county pound.
Authorities subsequently obtained a warrant and seized the dog Dec. 30. The Boughtons signed the dog over to the Pit Crew at the pound when his quarantine ended Jan. 8.
Bosco will continue to be cared for in a Lucas County foster home while legal proceedings play out.
“He’s been around all kinds of people and all kinds of situations and not once has he shown a bit of aggression,” said Jean Keating, the rescue’s executive director.
Ms. Knight argued the Boughtons relinquished ownership of Bosco the day of the bite. Though they did not sign paperwork until Jan. 8 at the pound, the couple had no intention of ever reclaiming the dog, she said.
“In all the evidence in the case, that was made very clear,” Ms. Knight said. “And [Mr. Boughton] testified to that too, that they had no intention of taking the dog back.”
Ms. Knight argued the Fulton County court had no jurisdiction because state code requires such cases to be filed in the court governing the owner’s residence, not the location of the incident. The Pit Crew is based in Sylvania Township, and was served official notice of the Fulton County dog warden’s intent to declare Bosco a dangerous dog.
Judge Jeffrey Robinson determined that because the Boughtons did not sign any documents transferring ownership of the dog until he was released from the pound, they were the legal owners at the time of Bosco’s designation and the Fulton County court had jurisdiction.
Under Ohio law, a dangerous dog is one that has caused injury other than serious injury to a person without provocation. Judge Robinson determined Bosco’s alleged actions fit the state’s parameters.
“The statue doesn’t provide a lot of leeway,” he said.
A number of criminal charges were filed as a result of the situation. The Pit Crew as an organization and Ms. Keating individually are each facing two misdemeanor charges of obstructing official business and violating a rabies quarantine. Mr. Bauer and Ms. Walters were charged with violating a rabies quarantine.
Ms. Walters was additionally charged with obstructing official business.
All parties have pleaded not guilty.
No resolutions were found in pretrial hearings Monday, so the cases are set for jury trials June 24.
Earlier:
- Pit bull rescue group tried to keep pit bull which bit its new owner from being quarantined at the shelter
- Seized Fulton County pit bull remains in quarantine
- Ohio: Pit bull rescue members hit by criminal charges after refusing to properly quarantine bite dog
- Ohio: Pit bull set free after quarantine in Fulton County
- Ohio: Legal battle deepens as pit bull deemed dangerous
No comments:
Post a Comment