Beloved Family Cat Mauled To Death By Neighbor’s Pit Bull

NEW JERSEY -- On the morning of Aug. 16, Kim Davis and her daughter watched in horror as their cat Maximus was mauled to death by a neighbor’s dog. The dog, described as a pit bull, had escaped its home and wandered into Davis’ yard on Bayshore Road.

According to Davis, the dog entered her yard through a section of fence that was damaged during Hurricane Sandy. The dog grabbed Maximus and did not let go, even as Davis, who tried desperately to divert the dog’s attention, screamed and threw things in its direction.

RIP Maximus

Once Maximus lay dead the dog turned its attention to Davis’ remaining animals: a rabbit in an outdoor hutch and her two small Chihuahuas on the porch. Fortunately Davis was able to secure the other animals before any harm could come to them.

A court date was set for August 29, when a judge will determine whether the dog should be deemed a “potentially dangerous dog” or be euthanized. If the pit bull is not euthanized, Michael Mattera, the owner of the dog, will be required to build a secure 12x12 foot compound with a concrete bottom and double doors. Signs notifying the public of a vicious animal would also have to be posted on the property and be visible from 100 feet away. No one under the age of 18 would be permitted to walk the dog and the dog would need to be muzzled while in public. Additionally, the licensing fees for the dog would cost $700 a year. These conditions would remain throughout the dog’s lifetime, even if the owner would relocate.

According to Davis, the dog was returned to Mattera following the attack, a decision that has her concerned. “I didn’t even know they had a dog. I never saw it before that morning,” Davis said. “This dog was huge and it killed my cat. I’m worried about the safety of my family and my other animals. I want the dog put to sleep.”

According to the law concerning potentially dangerous dogs, “an animal control officer shall seize and impound a dog when the officer has reasonable cause to believe that the dog” committed one of the following acts.

a) The dog attacked a person and caused death or serious bodily injury.

b) The dog caused bodily injury to a person during an unprovoked attack and poses a serious threat of harm to persons or domestic animals.

c) The dog engaged in dog fighting activities.

d) The dog has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals.

Additionally, the law states that “the dog shall be impounded until the final disposition as to whether the dog is vicious or potentially dangerous. Subject to the approval of the municipal health officer, the dog may be impounded in a facility or other structure agreeable to the owner.” Davis alleges the dog was returned to the owner a short time after the attack.

Cape May County Animal Shelter Manager Judy Davies-Dunhour said she wasn’t aware of the incident and the dog was never impounded at the shelter. Upon hearing the details of the attack and referencing the state’s laws on potentially dangerous dogs, Davies-Dunhour was surprised the dog was not removed from the home and impounded at the shelter.

Lower Township Animal Control Officer Don Montgomery said that in some cases a dog could be confined in the home, should the Department of Health find the structure agreeable. Montgomery was not the responding officer and was not able to determine why the dog was returned to the owner. A representative from the Cape May County Department of Health said that the department would only become involved if the dog was exposed to rabies.

When asked about the incident at Lower Township’s August 19 council meeting, City Manager Michael Voll was unaware of the attack.

According to Davis, she notified police at approximately 4 p.m. on August 16 to learn why the dog had not been removed from the home. She was told police would call her back, but when they didn’t, she called again on August 18. “The person I spoke with said animal control would call me,” said Davis. “He did, and he didn’t understand why the dog wasn’t taken.”

Davis was later told that the animal control officer who responded to the attack had not yet filed the necessary paperwork because he was giving Mattera one week to present the dog’s medical records. If the paperwork is not provided, police will seize the dog and take it to the Cape May County Animal Shelter until a judge determines its fate.

But for Davis and her family, the damage has already been done. Maximus, the three year-old rescue with one eye and a crooked smile, is gone and a neighborhood is left wondering how this could have happened.

“My daughter is traumatized,” said Davis. “My neighbor, who tried to help during the attack, is traumatized. People need to be aware of their rights when something like this happens.”

(Cape May County Herald - Aug 29, 2013)