A trial to appeal that order began Monday afternoon at the Travis County courthouse.
Process server Erin McCleskey attempted to serve a citation to a homeowner in Northeast Travis County in June of 2016, but, before she left the property, she was mauled to death by a group of dogs on the property.
There is no question in anyone's mind that McCleskey died because she was attacked by dogs at a home on Fay Street in Manor. What is being debated in court is whether all six dogs on the property should be euthanized.
The dogs were taken after McCleskey's body was found in the yard. One week later, Justice of the Peace Herb Evans ordered the dogs to be put down.
Attorney Eric Torberson, who is representing the dog's owner, appealed that decision.
ERIC TORBERSON also argued one of the dogs recently had puppies and was likely being protective of her young, spurring a violent response.
The mother dog since died while undergoing a medical procedure.
The State said the four Labrador-Pyrenees mixes and two Husky-Australian Cattle Dog mixes attacked as a pack, puncturing McCleskey's skin more than 455 times.
During the hearing, officers with the Travis County Sheriff’s Office testified that while processing the scene, they noticed aggressive behavior in at least three of the dogs.
An animal control officer said the canines had very little human interaction and it is likely they all played at least a minor role in the attack against McCleskey.
The night she died, McCleskey entered the property to serve a citation. She walked through a gate, past a no trespassing sign to do so. That’s another reason the defense claimed the dogs were being protective.
Would a girl selling Girl Scout cookies ignore a "No Trespassing" sign in order to get to the front door to sell cookies? Would Jehovah's Witnesses ignore it to get to the front door to ring the doorbell? Was the sign even visible or was it in an obscure place, hidden by leaves?
REPEAT OFFENDERS. POLICE IGNORED COMPLAINTS
Gonzalo Grimaldo, the owner of a parking lot next to the Swansons’ property, said the dogs got loose a few months ago and attacked his dog. He called the attack frightening and said he called 911, but said nobody responded to his report.
Another neighbor, Christi Sparks, said her family has had constant problems with dogs running loose in the neighborhood since they moved there in 2005.
The trial will continue Tuesday at 9 a.m.
VIDEO NEWS CLIP:
(FOX7 - Nov 27, 2017)
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