[Purple]

Sunnyvale faces possible lawsuit in euthanization of 'vicious' pit bull

Dog is put to death after attack despite bid to spare its life
By Melanie Carroll


SUNNYVALE — A couple's beloved pit bull was euthanized Thursday afternoon, nearly five months after she attacked and killed a neighbor's Chihuahua and was subsequently deemed a vicious animal.
Through tears not long after the pit bull's death, co-owner Ian Young said he intends to sue the city for defamation and to file a complaint against City Attorney David Kahn with the State Bar of California.

Despite a campaign to save Lucy the pit bull that included more than 12,000 online signatures, the 8-year-old dog died at the Humane Society Silicon Valley just before 3 p.m. in accordance with a judge's order.

"This is very difficult for everyone," said Lauda Fulda, a spokeswoman for the animal shelter. "It's very, very sad. I can't say this is an easy thing ... She's been here since July."

Given Lucy's history, she could have posed a threat to the public if released, Fulda said. If the pit bull were to attack another dog being walked by a child, for example, both could potentially be injured.

"You can't have a dog (like that) go back to the community," Fulda said. "We have to look at the safety of the community."

Accounts vary on exactly what happened July 30, after Lucy slipped through the fence of her owner's Bryan Avenue backyard. She killed one of the two leashed dogs being walked by a neighbor, whose name was not released.

"As a result of the attack, Bobbie, a Chihuahua, was killed and Dude, a small-mixed breed, was injured before escaping the scene," according to a fact sheet posted on Sunnyvale's Web site.

A hearing by the city's Department of Public Safety later found Lucy to be vicious and ordered that she be euthanized. Santa Clara County Superior Court Judge Brian Walsh agreed.

Lucy's owners described her as a sweet and gentle animal who was provoked by Bobbie for months prior to that fateful day in July.

"The smaller dog provoked Lucy. According to the Sunnyvale municipal code, this is an exception to the dog being labeled vicious," said Shannon Keith, an attorney representing Young and his partner, Desiree Hedberg, the couple who owned Lucy.

Keith said the emotionally-charged issue is one that people need to know about.

"There is a lot of breed discrimination," Keith said.


Fulda said she hopes the Lucy case doesn't reinforce negative stereotypes about pit bulls.

"I wish they (the public) would look at animals as individuals," Fulda said.


http://www.insidebayarea.com/sanmate...mes/ci_7786942

[Michele]

this is a very sad case. If anything, the owner of the Chihuahua should of been fined the first time that dog went after the pit bull.

[Madeleinemom]

It seemed like a harsh sentence.

What I do not understand is that if the city bylaws permit a dog to be labeled potentially vicious, then why not sentence Lucy's owners to keep her confined/kenneled/crated, so that she could not get out?

Then, if there would have been another incident despite a containment order, you could then invoke the euthanasia 'option'.

Overzealous D.A., lousy lawyering, I dunno ...

R.I.P., Lucy.

[annji]

This is the stuff that really makes me mad. At a recent event for dogs my dog was attacked by a small dog. And I mean she was bitten 4 times by that @#*% thing! It was on a retractable leash and it's owner didn't even apologize.

[Miakoda]

I do believe that they had a choice.

However, the bottom line is the dogs broke free of it's yard and attacked another dog. IMO the owner is 100% responsible as a dog escaping it's yard is 100% preventable. Sometimes people need to pay a stiff price to wake up and step up to the plate in terms of responsibility.

And sadly, we'll never see justice when it comes to small dogs and their antics.

[annji]

Oops, missed the part about her getting through the fence. Guess I'm still pissed about my dog getting bit. You are absolutely correct about a dog escaping through the fence. It's our responsibility to make sure they are contained and safe from themselves. I think it's in a lot of dogs nature to want to attack another dog that is attempting to intimidate it. Espcially if it's through a fence.

[CheechWeech]

I just don't have enough information to say for sure what I think yet. The article says the Chi had a history of provoking Lucy, but I didn't see for sure what this meant.

It does sound like Lucy's owners did not have a secure yard for her, as she was able to escape easily. It is scary to think that they were just out walking their dog and she was attacked and killed by a dog that escaped from its yard. If that happened to me, I would probably pursue some sort of penalty against the dog that attacked mine.

[MaryC]

OK..I'll put my .02 in here. I live in the area and volunteer at the shelter that housed Lucy for the past few months. Did she get a fair shake? I don't think so, but in my opinion, and that's all it is because I was not directly involved in her care, Throughout the entire case not once did I ever hear Lucy's family take any responsibility for her getting out of the yard. Whether that was on the advice of their lawyer I really don't know but from day one it was the fault of the chihuahua and never their fault that they didn't contain the dog. Maybe, just maybe if they had spent part of their time showing that they shared some of the blame for not keeping her contained the outcome may have been different. Who knows, it is a very very sad story of mis-management and just what can happen. I will miss seeing her happy face at the shelter and I'm sorry she paid the ultimate price for their lack of forethought!

[Miakoda]

MaryC, that's a good post. And it's exactly what I meant.

I don't care how many times the Chi harrassed the pit bull. The fact is that the pit bull was allowed to escape her yard and fatally injure another dog. Do I blame dogs for DA or fighting? No. But I DO blame the owners here and sadly it takes some people having their dogs euthanized due to their own carelessness to get the point across.

Personally, I hope their lawsuit gets thrown out.

And I've been in this situation. The other dog didn't kill my dog, but my dog still died all because of a dog that was able to escape through an open front door. And I have NO sympathy for that owner in losing his own dog.