The players, part 2

The Ohio County Dog Wardens Association has traditionally opposed any change to Ohio's laws as written, regarding dogs. This opposition blocked previous efforts to remove Ohio's designation of pit bulls as vicious dogs. The old guard members of the Executive Board had term limited out and a new President of the organization was elected for 2011. This was young and ambitious Matt Granito. Granito has a long history of mutual admiration with Best Friends. (link #2)

Granito traveled from rural Ohio to to Oregon to appear as featured speaker at the April 22 - 24, 2005 Seminar held by Best Friends in Portland, Oregon. Granito's history with Best Friends is documented to 2005.

Also a favored contact of Best Friends is Mark Kumpf , Montgomery County Dog Warden and member of the OCDWA Executive Board. Kumpf made the trip to Best Friends Sanctuary in January of 2007 for a conference. Kumpf made influential friends at that conference and was visited by the retired Best Friends CEO Paul Berry in 2009. Here is Berry's account of that visit, it is a love letter.

Thank you to Best Friends for thoroughly documenting their long standing, warm, working relationship with Granito and Kumpf. This warm relationship was critical for passage of HB14.

During the Senate Judiciary Committee hearing on December 6, 2011, Matt Granito began his remarks with these words "My name is Matt Granito and I am the President of the Ohio County Dog Wardens Association, whom I represent here this morning. Our association agrees with Representative Sears that alternative legislation can fulfill the dual goals of insuring community safety and ending breed specific legislation. Our members want fair and balanced legislation...." Please remember that Granito states he speaks for the members of the OCDWA, we will get back to that a bit later.

Dog Warden Kumpf testified in that same hearing. He began his remarks with these words "There has been a great deal of testimony regarding this bill and most speakers emphasizing the same points: the current legislation is defective, discriminates against a specific breed, and is due for a change. I believe all parties agree on those points." Dog Warden Kumpf might have spoken with officials of the Dayton Health Department prior to his testimony, it is unlikely that they would agree with his characterization of "discrimination" against pit bulls . The city of Dayton is located in Montgomery County, Ohio. Dayton keeps bite statistics by species and breed. The number one biter in Dayton is the pit bull with 117 of 736 recorded dog bites during the period of 6/28/2010 to 6/28/2011. The next highest was mixes of all breeds with 64 bites.

Granito and Kumpf threw the support of the OCDWA solidly behind HB14. This point was heavily emphasized to Legislators, however during the final hearings it was found that the rank-and-file members of the organization had never been consulted, had never been given the opportunity to voice their thoughts on the bill, never voted on it. Ohio Legislative Services Commission (part of Ohio State Government) created a list of proponents and opponents to HB14. On that list of opponents there were two county dog wardens, one a member of the OCDWA Executive Board. The OCDWA membership had never even been given information on hearing dates. A County Dog Warden did appear to testify against the bill because he had seen a notice about the hearing... on the news.

Apparently Granito was not elected to a second term as president of the OCDWA, possibly a lack of faith from the membership. A President Elect is named on the organization website. County Dog Wardens acknowledge the expected result of HB 14 will be an increase in pit bull attacks. Insurance is no longer required for pit bulls. Victims will pay for their medical treatment, in serious attacks the sky is the limit for medical bills. More about insurance later.

Next time we will talk about the Toledo Blade, and the Breed Specific Advocate.

Note - Elected officials will be identified by name and position, organizations will be identified by name, professional pit bull advocates will be identified by name and organization. Private citizens will not be named.

Pit bull roundup, Greater Cleveland area edition. Pit bull hell.

I'm going to begin this post with an editorial by longtime Cleveland newsman Dominic Mancuso of WOIO News.  Wise words.  Please note an important statistic included, between July 2014 and July 2015 fully 143 pit bull incidents were reported in Cleveland alone.  

"Their quiet summer day was pierced by a woman’s scream. When several Shaker Heights residents rushed out of their homes to see what was happening, what they saw will be hard to forget: a woman being mauled by a pit bull. Seventy-one-year-old Annie Williams died from her wounds. She was the grandmother of the pit bull's owner.

Our hearts go out to a family mourning their loss. But this tragedy ignites a debate that rises with the heat of summer, when incidents between dogs and humans spike. According to the city's division of animal control and safety, a minimum of 143 incidents with pit bulls were reported between July 2014 and 2015.

Pit bulls have their defenders, but out of all the dog breeds, pit bulls and pit mixes are responsible for over a quarter of all human fatalities from dog attacks, that’s according to a 20-year study by the Centers for Disease Control.

The debate over what to do with pit bulls will never be a walk in the park. But for a breed of dog long-known for aggressive and unpredictable behavior, we should proceed with caution and common sense.

I'm Dominic Mancuso and that's how we see it."   

Click on the link for video.  

Out of an apparent abundance of caution and  "fairness" to pit bull advocates Mr. Mancuso cites very old CDC statistics.  The CDC stopped including breed in their stats in 2000.  In 2014 pit bulls were responsible for 64% of all dog bite related fatalities in the United states.  In 2013 pit bulls were responsible for 78% of all dog bite related fatalities in the United States.   In fact, since the CDC quit including breed in dog attack stats in 2000 fully 264 Americans have been killed by pit bulls.  Again, please note Mancuso's stats from Cleveland Animal Control and safety.  These are current, 143 "incidents" involving pit bulls between July 2014 and July 2015.  

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7/13/2015
Shaker Heights Ohio
Cuyahoga County

Still no identification on exactly who owns the pit bull that killed Annie Williams in Shaker Heights in July.  The family is talking to a well known attorney specializing in dog attacks.  A wise choice. 



  Shaker Heights is taking a look at their regulations to see if more can be done to protect residents.                                                                                               

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7/13/2015
Chardon Ohio
Geauga County

The very next day after the horrific mauling death of Annie Williams in Shaker Heights Ohio a seven month old baby girl was severely injured by two pit bulls fighting in the family home. The baby was transferred to University Hospitals Geauga Medical Center and then life-flighted to Rainbow Babies and Children's Hospital in Cleveland for treatment, listed in serious condition. This attack occurred the VERY NEXT DAY after the pit bull mauling death of Annie Williams in Shaker Heights Ohio.  Pit bull advocacy has no response to this... crickets.

Here is an interesting note on the Chardon attack.  A neighbor had TWICE reported an aggressive dog at location of the attack.  This complaint was made to Geauga County dog warden Matt Granito.  Dog Warden Granito was president of the Ohio County Dog Wardens Association at the time HB 14 was passed to deregulate pit bulls in Ohio.  Granito campaigned hard for the bill, well aware that it was written by an out-of-state animal welfare organization, Best Friends Animal Society of Kanab Utah.  This bill was sold to the Ohio Legislature as a way to "finally give dog wardens the tools to deal with dangerous dogs" but Granito fell back on Mark Kumpf's protocol of sending a severely worded "warning letter" to the dog owners.



Dog Warden Granito identified both dogs as pit bulls.  He makes some clear thinking comments on the dangers of pit bulls, along with complaints that current law does not permit him to act.  He should have thought of this before he got involved with the bold efforts of Best Friends Animal Society to change Ohio law. Per WKYC.com
"Animal wardens are aware of dogs that should be classified and treated as dangerous. But they say that, under recent changes to Ohio law, they can't do a thing until the animal attacks, and then they can only hope the injuries are not serious.  "It's unfortunate the law is like that because now we've got to wait for the next victim before we can classify that dog as dangerous or vicious," said Matt Granito, the Geauga County Dog Warden."
You are responsible for these changes Matt!!  You should also know that Ohio law allows the use of affidavits for the purpose of filing complaints.  A two day educational seminar held in Dayton last fall dealt with this very issue and a staff member of the Montgomery County prosecutors office introduced an affidavit form for this purpose and she stated that dog wardens were being encouraged to become notaries so the paperwork could be filed quickly.  Please contact the Montgomery County prosecutor's office for details in case you missed the two day seminar for animal control professionals and law enforcement.

 For video of Granito's sudden change of attitude please click here.  We can only hope that Granito, and Mark Kumpf, Montgomery County Dog Warden, after their whole hearted support for HB 14 will do the right thing and fully support and publicly back Senator Bill Beagle's SB 151 WITH the originally proposed statewide register of dangerous dogs listed with location, owner, description, AND BREED.  Best Friends has demanded that breed be left out of the official records.  This is outrageous.

Final word on this attack, the family wants both the dogs back.  What part of "your child was so badly injured that she required life flight transportation to a trauma center and spent nearly a week in the hospital" do these people fail to understand?

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7/13/2015
Avon Lake Ohio
Lorain County    


We talked about this attack in the last Pit bull Roundup but we are looking at current events in Cleveland.  We will review.  
  Avon Lake residents are demanding justice, and laws to protect the public after Cyrus,  a pit bull owned by Earle Hall and being walked by Kimberly Larson Killed a Beagle/Corgi mix owned by the Lyman family, on the property of the Lyman family on June 19th.   Daisy, the Beagle/Corgi mix suffered two punctured lungs and crushed ribs and had to be euthanized.  Per the Morning Journal "In a police report, responding officers wrote that Hall said Cyrus was rescued from the Animal Protective League and is “dog aggressive” and was used as a bait dog."  

Translation - Hall bought a secondhand pit bull from the Cleveland Animal Protective league, the pit bull has scars from dog fighting, the dog is stone aggressive as one would expect from a game bred, pit tested, fighting dog and he felt it was appropriate to bring this animal into a peaceful community and allow a woman to walk this animal without a gun or other weapon to protect the public.

The city's court did not declare Cyrus dangerous.  Per the Morning Journal "Avon Lake Municipal Court didn’t give Cyrus the “dangerous dog” designation, having only interacted with Larson, and, according to her, Daisy was the aggressor, not Cyrus."      

Holy cow! Cyrus was not quarantined or removed from the community and the Lymans were not given the hearing date so they could tell their story in court. 

Residents unhappy/outraged  with this spoke to city council and the article quotes two city council members, Safety  Commission chairman David Kos "hopes"  that in future dogs like Cyrus could be removed from the neighborhood until legal remedies are resolved.  Jennifer Fenderbosch remarked that Cyrus was on a retractable leash at the time of the attack and that the animal warden advised her that these leashes are not appropriate for walking dogs.  

Here is a flashback. Kos and Fenderbosch are responsible for repealing the Avon Lake pit bull ban in 2012.  Kos worked at this for 3 1/2 YEARS.  Per the Avon Lake Patch ""There was a couple of us, myself and Councilwoman Jennifer Fenderbosch, who strongly advocated removing pit bull from the definition of vicious," Kos said."

Councilman David Kos, hold him responsible Avon Lake voters. 

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8/10/2015
Avon Lake Ohio
Lorain County

Another little dog killed by pit bulls in Avon Lake.  On 8/9/2015 Avon Lake police were called for a "dog fight" but this was not a dogfight it was the brutal fatal mauling of a Shih Tzu being walked by its owner. The owner told police that the pit bulls ran up to his little dog and attacked without provocation.  The Shih Tzu died at the scene, his owner was treated by paramedics for injuries received as he tried to protect his pet.  

The pit bull owner, David Golas of Avon Lake, was cited for two counts of animal at large.  The Avon Lake Prosecutor is " pursuing provisions under Section 955.11 of the Ohio Revised Code to designate the two dogs as dangerous dogs."

The pit bull owner stated that his dogs "got loose from his backyard because a gate was unsecured." Classic excuse, with the previous breed ban,  removed by Councilman David Kos, these dogs would not reside in the community.

Look at the police presence here.  Tell me again how breed neutral law saves taxpayer dollars.


Bella the Shih Tzu, her owner told reporters "she was a lovable, loving dog.  The poor thing didn't stand a chance." Indeed.


The home of the pit bull owner showing the gate that was not secured..  One can expect that there will be insurance here.

It appears that Avon Lake city officials got the message after the death of Daisy.   Per TV3 the prosecutor is doing the right thing.  It is not the first time these pit bulls have been at large, watch the video.


Poor Bella and her owner.
Neighbors, and their dogs gathered at the home of Bella's owners in a show of support.  
Per Newsnet 5 "Perry Pascarella, 81, was grateful to see the community support as dogs large and small stopped outside his home on Tuesday.

Pascarella said his neighbors wanted to come by to “thank little Bella for her life.”

These are good people.

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8/27/2015
Cleveland Ohio
Cuyahoga County Ohio

Speaking of ShihTzus, there is a very lucky ShihTzu in Cleveland.  Tiny little Fire was attacked TWICE by the same pit bull and survived.  A neighborhood pit bull owner reportedly walks his mauler without benefit of a leash, past Johnie Neal's home. Mrs. Neal and her granddaughter own Fire.  Per 19Actionnews " There were actually two attacks. The first was in the front yard; the second was after the family got Fire up on the porch.  The pit bull mix tossed Fire off the porch" "It had her in her mouth and dropped her, Fire was out like she was dead."

Keep in mind that both of the attacks occurred in Mrs. Neal's yard.  The pit bull owner explained the situation this way "the dog was trained to keep furry critters out of the yard, like squirrels, rabbits, and skunks, and may have mistaken Fire for one."  How can pit bull owners say this stuff?  Do they even think before they speak?

The pit bull lives blocks away from the Neal's home.  Fire was on the property of his owner.

So far the pit bull owner is refusing to pay any of Fire's vet bills.

Fire's x-ray.


Fire

For video click here.


5/1/2015
Lorain Ohio
Lorain County Ohio

We talked about this attack in the last Pit Bull Roundup but I include it to give context for the outrageous number of pit bull attacks in the Greater Cleveland so far this summer.

The owner of two pit bulls that attacked and killed a Pomeranian was cited for two counts of failure to confine and one count of failure to license.  This was the second attack for the pit bulls belonging to "responsible pit bull owner" Alton Goshen Jr, age 24.  Think he has insurance?  I don't.

Just to keep everyone on the same page I will repeat what I wrote for the last roundup. Here it is.
5/1/2015
Lorain Ohio
Lorain County

Alton Goshen Jr., "responsible pit bull owner" owns two pit bulls that have attacked TWICE in a month and BOTH of these attacks have killed someone else's dog.  Why did Goshen's pit bulls get a second kill?  Glad you asked but I have no answer for this. Police officer Richard Broz stated, after the second kill, per the Morning News Journal "Broz reported he has dealt with the dogs on several occasions and never observed any aggression toward people, but they had aggression toward other animals."

Per Ohio Revised Code
 (a) "Dangerous dog" means a dog that, without provocation, and subject to division (A)(1)(b) of this section, has done any of the following:

(i) Caused injury, other than killing or serious injury, to any person;

(ii) Killed another dog;

(iii) Been the subject of a third or subsequent violation of division (C) of section 955.22 of the Revised Code.

Per the Ohio Revised Code 955.11  Click here for the requirements for harboring a dangerous dog in Ohio.

On March 31, 2015 Goshen's pit bulls attacked and killed another dog that was leashed and in the yard of the owner. Ohio law says the pits are dangerous dogs after the first kill.  Why wasn't the message given to Goshen?

 An April 24th Goshen's pit bulls attacked, killed, and attempted to dismember a Pomeranian, leashed and in the yard of it's owner.  The Pomeranian's owner "told police she tried to chase the dogs off, but one of them started growling at her, so fearing she would be bit, she backed off and waited for help."

On April 27th one of Goshen's pits was reported at large and police were called.  Officer Broz responded and confronted the pit bull.  The pit then ran back into Goshen's yard through an open gate.  Please review AGAIN the requirements for keeping dangerous dogs in Ohio per the Ohio Revised Code.

Per the Morning Journal "Goshen secured the gate at the time but as of April 27 did not make any improvements suggested so the dogs would not escape again, the report stated." 

 Improvements SUGGESTED?

Police cited Goshen for two counts of failure to confine dogs and one count of failure to have a dog license. Police recommended the maximum penalty allowed by law for the offenses due to the repeat incidents, the emotional trauma of the owners of the dead dogs and the quality of life of the other neighbors in the area. 

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8/10/2015
Lorain Ohio
Lorain County Ohio

A dog described as a pit mix or a Boxer mix jumped a fence and killed a Yorkie on the property of the Yorkie owner.  The little dog's owner tried to distract the attacking dog with a rake until the owner of the pit mix/Boxer mix could climb the fence and retrieve his mauler.  The Yorkie's owner has not decided if she will file charges.

Why not?

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The family of Annie Williams is lobbying for regulation of pit bulls.  "We're all going to be very proactive in making sure that what happened to our grandmother does not continue to happen to other people,” said Tequila Williams. “What does it take for legislation, for representatives, for the law to see that this is an animal that no matter how kind you are to it, it cannot be controlled."

They have set up a foundation in Mrs. Williams memory, Any Salvation.  Mrs. Williams possessions will be given to those in need. 

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Cleveland Heights Ohio is studying dog bite legislation after a pit bull attack on June 11, 2015.  I'm going to let Cleveland.com tell the story of that attack.
" The attack occurred at about 4 p.m. The victim was gardening outside her house when the pit bull approached her sport utility vehicle, which was parked in the street. Her dog was in the SUV, and the vehicle's rear hatch was open.

The woman walked to her SUV to secure her dog. The pit bull bit the woman's leg, then jumped on top of her, biting both her legs. After a few seconds, the dog let the woman go and chased a cat. 

The woman drove herself to Cleveland Clinic, where she received several stitches and a tetanus shot. She said she and her neighbors have seen the pit bull running loose in the past and have called police, believing the dog is dangerous.

Meanwhile, police spotted the pit bull walking through yards on Elbon. Officers tried but failed to capture the dog. After about 15, a boy arrived and said the pit bull belonged to his mother. He walked the dog back to his house on Elbon and locked the dog inside.

The pit bull's owner, 37, then arrived home. She apologized and said her son must not have locked the home's front door, allowing the animal to escape.

The pit bull was quarantined in a kennel for 10 days. The owner was cited for animals not under control, vicious dog biting a person and having a vicious animal. "

No word on the condition of the cat or on reimbursement of medical expenses for the victim.


Cleveland Heights City Council.

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Avon Lake residents are demanding tougher laws.  "It turns out there's quite an undercurrent here in Avon Lake," Pascarella (owner of the Shih Tzu) said. "People are frightened of the dogs that are around."

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8/13/2015
Orange Village
Cuyahoga County  Ohio

Orange Village is looking at increasing penalties for aggressive, or vicious dogs.  Per Cleveland.com 

"A dog owner can currently face a minor misdemeanor, which carries a $250 fine, should his animal bite, or act like it wants to bite, someone.

Legislation will be presented in September to increase the charge to a fourth-degree misdemeanor. The owner of a vicious animal could face fines and up to 60 days in jail if their animal injures a person or another animal.

According to Orange Law Director Stephen Byron, the village's new law will be more aggressive than current state laws.

In Ohio, a dog is not considered vicious until it bites someone. The "one bite law"makes a dog's owner liable if injury is inflicted by a dog or if the dog previously bit a person or acted like it wanted to."

Orange Village is about to open a new dog park and officials want to keep it peaceful.

Wrongful death lawsuit naming Montgomery County officials including Dog Warden Mark Kumpf, not shocking.

No one was surprised at the news from Dayton Ohio on Friday.  A wrongful death lawsuit has been filed by the estate of Klonda Richey against Montgomery County, the Montgomery County Commissioners, Montgomery County Dog Warden Mark Kumpf, and the Montgomery County Animal Resource Center.

On the anniversary of Klonda Richey's death neighbors and friends gathered for a candlelight vigil, this vigil was unlike those held by pit bull advocates to publicize the fate of pit bulls humanely euthanized in Ohio shelters.  The February 6th vigil memorialized a woman well thought of in her community and loved by her friends and neighbors.  The vigil memorialized a woman brutally mauled to death by her neighbor's dogs, dogs that she complained of dozens of times to both the Montgomery County Animal Resource Center and to the Police.  Dogs that left Klonda Richey's body naked and bleeding in the snow in front of her own home.  The vigil memorialized a frightened woman who took her fears to the Montgomery County courts asking for a protection order but was refused that protection, a woman failed by the system in Dayton.

The death of Klonda Richey brought international attention to Dayton Ohio, and to the sad state of animal control in Montgomery County Ohio.   The story unfolded to reveal dozens of calls by the victim to Dayton police and to Montgomery County Animal Control, led by Mark Kumpf who is also the current president of the Ohio County Dog Wardens Association.  Kumpf's protocol called for nothing more than sternly worded post it notes affixed to the front door on Richey's next door neighbors and owners of the dogs that killed her.


For more information on the fatal attack on Klonda Richey please click here and here.

For information on what the Ohio Revised Code would have allowed Mr. Kumpf to do to protect Klonda Richey please click here.    Please note the discussion of affidavits as allowed by current Ohio Revised Code but never offered to Klonda Richey.

This material was covered in a Pit bull Roundup in November but it fits here as well.  Note the new attitude toward affidavits.  Wow, who would have thought?
10/9/2014
Dayton Ohio 

Montgomery County is in damage control overdrive.  A two day seminar was held in Dayton for law enforcement and animal control officers from all over Ohio.  Per WDTN News " Officers, along with animal shelter employees, and municipal and county prosecutors met inside Sinclair Community College for a seminar to discuss ways to improve the response and investigation of dog mauling cases. The group also took time to discuss changing and adding legislation and asking legislators to strengthen dog laws."

I find it strange that there was no mention in the news story on the seminar of the mauling death of seven month old Jonathon Quarles Jr. mauled to death by his step grandmother's pit bull, inside her home in Dayton on July 20, 2014. The dog had a history of menacing a postal service employee and attacking a leashed dog being walked down the street. Montgomery county did not have ONE fatal attack in 2014, it had TWO fatal attacks.  The dogs in the first attack had dozens of complaints against them with no real action taken by animal control.  The dog in the second fatality had been cited by Montgomery County animal control twice. Damage control is needed here. 

A hot tipper tells me that part of the presentation by one Montgomery County official discussed the use of affidavits from the public regarding dangerous dogs in the community.  An affidavit form has been provided to dog wardens.  The Ohio Revised Code has always allowed the use of affidavits, as we discussed back in February.  Please click here for a refresher. Why did it take two deaths to get to this point?  Will Ohio lawmakers act on the requests for change in the ORC in order to better protect the safety of the public.  Quick review, Ohio has had nine fatal dog attacks since the passage of HB 14, the bill that would "finally give dog wardens the tools to deal with dangerous dogs." 

Jonathan Quarles Jr, age 7 months.


For information on the owner of the dogs that killed Klonda Richey please click here.


For the thoughts of another blogger on the state of animal control laws please click here.

For Klonda Richey's actual complaints on the dogs that killed her please click here.

For information on the lawsuit against the dog owners please click here.

For a bit of information on the grand jury please click here.  Spoiler alert there were no charges.

For a discussion of Dayton politics and investigations as they impacted the mauling death of Klonda Richey and Jonathan Quarles Jr please click here.  

For a bit of background information on Mark Kumpf's participation in the Best Friends Animal Society funded effort to pass a Best Friends Animal Society written bill to deregulate pit bulls in the state of Ohio please click here.

For those of you who might have just finished reading the review of Mark Kumpf's involvement in the passage of HB 14, I have a final bit of trivia. Below is a comment posted by the Lucas County Pit Crew, note the date.  The Senate Hearing on HB 14 was December 6, 2011. Jean Keating is president of the Lucas County Pit Crew and she turns up in the blog frequently, she is Ohio's breed specific advocate.  She breathlessly reports that she, Ledy Vankavage, legal representative of the out of state PAC that wrote HB 14 and a registered lobbyist for that organization, Matt Granito who was president of the Ohio County Dog Wardens Association, Mark Kumpf who was treasurer of the Ohio County Dog Wardens Association and is now president of that organization went out for an apparent high five celebratory dinner accompanied by the faux "service pit bull in training" Wendy.  How wildly inappropriate given the status of the bill at that time.  Links to background material on Wendy are below.

Lucas County Pit Crew

December 7, 2011 · 

Wendy rocked the Statehouse and made tons of new friends. She especially enjoyed dinner with Ledy VanKavage and dog wardens Matt Granito and Mark Kumpf. You've come a long way Wendy:)

https://www.facebook.com/permalink.php?story_fbid=245688675498714&id=132006960144997

Wendy makes an appearance at the Statehouse in June of 2011, identified by Jean Keating as a "service dog in training" 

Wendy returns to the Statehouse in December of 2011.  She turns up late in this post.  You are free to read the whole post but this is the part that deals with Wendy the "service pit bull in training."

"I will close this post with the story of Wendy the "Service Pit Bull in Training." Wendy made a personal appearance at the December 6, 2011 Senate hearing on HB 14.  She was brought into the hearing room by Jean Keating. There was nothing subtle about Wendy's entrance, it was "enthusiastic" for lack of a better word. The white pit bull made a bee line for the row of seated pit bull advocates. She was welcomed by each one of them, it appeared that each one of them had food for the dog. Keating began to speak, Wendy paid no attention to her whatsoever.

"I have brought Wendy with me today. Wendy is being trained as a service animal for a young child with post-traumatic stress disorder, sensory integration dysfunction, low muscle tone, and panic attacks. Wendy was chosen because she has the temperament and physical characteristics to perform the work needed to assist this child in leading a more normal life. Those same physical characteristics currently identify Wendy as a vicious dog under Ohio law. The American Staffordshire Terrier, which is a breed commonly referred to as a pit bull type is a popular choice for a service animal because of some unique qualities. They are hardy, athletic, and very socially connected dogs. They are also very easy to train as they are eager to please."


During Keating's testimony Wendy stood at the end of her leash and looked about the room, wandering a bit and returning to her line of friends, and their handsful of food. Wendy proved to be such a distraction that Keating was unable to remain in the hearing room after her testimony. She took Wendy out into the hall, where Wendy killed time by barking.

Interestingly, this was not Wendy's first appearance at a Statehouse hearing. Wendy accompanied Keating to a hearing in the Ohio House in June of 2011.  Actual service dogs in training are taught to remain quiet, lay down upon command, not seek attention or food from strangers, and focus attention on their handler. Wendy had none of these skills in December, what kind of "training" did she receive in the previous six months? This dog was chosen because she was "easy to train and eager to please?" 

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For Wendy's actual identity please click here.  Read the identifying information under the photo of Jean Keating and her three pit bulls.  Wendy appears in the is photograph and is clearly identified as just one of Keating's personal pets.  

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Well, this post has covered a lot of ground.  Many Ohio residents are looking forward to new bills promised by Senator Bill Beagle to fix the HB 14 mess.  Representative Winburn's HB 541 had a great deal to recommend it and it is hoped that it will reappear under the sponsorship of Minority Leader Fred Strahorn.  

Klonda Richey deserves to be remembered, honoring her memory by passing laws that will protect the public seems appropriate.  

What the Ohio Revised code actually says.

Some thoughts for the morning on the Dayton Ohio dog mauling death of Klonda Richey.  These thoughts will focus on the responsibilities of Montgomery County Dog Warden Mark Kumpf (new president of the Ohio County Dog Warden's Association).





Montgomery County Dog Warden Mark Kumpf

 Here is a short quote from the OCDWA, note the reference to health and safety of the public.

OCDWA Objective

The OCDWA objective is to promote effective, efficient, and humane dog control programs for the health and safety of the public and their companion animals. Improve, promote, and obtain education, training, benefits, equipment, and adequate facilities for Dog Wardens and staff.

It is important to note that  I have the highest respect for the OCDWA, the members of that organization, and their objectives but I do not respect the efforts of those who use the organization to further personal agendas.

A short historical note, in 2011 Mr. Kumpf, OCDWA treasurer and member of the executive board,  and then OCDWA president Matt Granito fully supported and campaigned for HB 14, a bill written by an out of state animal rights, and breed specific PAC with a sanctuary in Utah.  Kumpf and Granito never produced meeting minutes that indicated that the rank and file of the organization supported their position on the bill despite being asked to do so.  Members of  the organization complained that they had never been given the opportunity to discuss or vote on it. The bill is a nightmare.  Here is a link to the Ohio Revised Code procedure set out in HB14  for legal action regarding dangerous dogs.  This procedure is a labor intensive nightmare, it protects violent dogs and their owners precisely because it is so difficult to use, it is rarely used.

Having said all that, lets fast forward to recent statements made by Montgomery County Dog Warden Mark Kumpf on the horrific mauling death of Klonda Richey.  “This is a tragic accident and there is nothing foreseeable or doable to prevent a situation like this from happening,” “It doesn’t matter how many times you call, unless we see a violation, we can’t change the law and just write a ticket because somebody doesn’t like this particular dog or that particular neighbor. We have to see a criminal violation.”  “Whether we respond to one complaint or 13 complaints or any other number of complaints, unless we find a violation when we arrive that has enforceable component to it, it’s simply a call.” 

Per WDTN News " Numerous warnings were left for the dog owners at 35 East Bruce Avenue, but no action was taken. Kumpf says a warning is simply a notice that an officer responded to a complaint. There’s really no follow-up after that unless the owner calls the Animal Resource Center to find out more."

This statement was found on the Montgomery County Animal Resource Center Facebook page
 "February 10, 2014 Statement from Animal Resource Center Director Mark Kumpf:

I first want to extend our condolences to the Richey family. Klonda was a member of the Montgomery County family at Children Services for 25 years.

There have been many questions about what happened at 31 Bruce Avenue in Dayton last Friday, February 7, 2014. We cannot comment about the active police investigation, but we can provide background on calls and reports we received concerning dogs at 35 Bruce Avenue.

The Montgomery County Animal Resource Center has received 13 calls concerning 35 Bruce Avenue, ranging from condition checks on dogs to dogs running loose and dogs barking, beginning in December of 2011 and with the final call coming in September of 2013. Animal Care and Control Officers responded to each and every call. In all but two cases, we found no one at home or no one answered the door. In addition, all but one call made to our agency were anonymous.

Under Ohio laws, for a “dog at large,” the officer must witness the dog off the property and not under the owner’s immediate control. It cannot be issued as a citation based on a third party witnessing the event. In each of these calls, our officers did not witness the dogs off the property or not in the control of their owner.

We educate when possible and issue citations when we witness the violation. If no officer witnesses the conduct, the number of complaints does not allow for a citation or other action. When we received a complaint and find no violation, that closes the complaint.

Many have asked why these dogs were not designated as “dangerous dogs.” Here is the criteria for a “dangerous dog:”
- Dangerous dog means a dog that, without provocation, and subject to division of the Ohio Revised Code, has done one of the following:
o Caused injury, other than killing or serious injury, to any
person;
o Killed another dog;
o Been subject or a third or subsequent violation of division of
section 955.22 of the Ohio Revised Code.

We have no record of either of these dogs biting a person or killing another dog, nor have any citations been issued for a nuisance animal or running at large violation."

Here is a link to Ohio Revised Code  regarding the duties of Dog Wardens.  I have pulled out a few important passages.  I find no reference to any requirement that an officer must actually see a violation in progress in order to act.

955.23 Prohibition against failure of duty by dog warden.

No county dog warden shall willfully fail to perform his duties under section 955.12 of the Revised Code or other duties required of dog wardens.

Per Ohio Revised Code NO COUNTY DOG WARDEN SHALL WILLFULLY FAIL TO PERFORM HIS DUTIES 

955.12 Dog wardens.

Except as provided in section 955.121 of Revised Code, a board of county commissioners shall appoint or employ a county dog warden and deputies in such number, for such periods of time, and at such compensation as the board considers necessary to enforce sections 955.01 to 955.27, 955.29 to 955.38, and 955.50 to 955.53 of the Revised Code.

The warden and deputies shall give bond in a sum not less than five hundred dollars and not more than two thousand dollars, as set by the board, conditioned for the faithful performance of their duties. The bond or bonds may, in the discretion of the board, be individual or blanket bonds. The bonds shall be filed with the county auditor of their respective counties.

 Per Ohio Revised Code THE WARDEN AND DEPUTIES SHALL GIVE BOND IN A SUM NOT LESS THAN FIVE HUNDRED DOLLARS AND NOT MORE THAN TWO THOUSAND DOLLARS, AS SET BY THE BOARD, CONDITIONED FOR THE FAITHFUL PERFORMANCE OF THEIR DUTIES. 

Here is more from the same section.  

"If a dog warden has reason to believe that a dog is being treated inhumanely on the premises of its owner, keeper, or harborer, the warden shall apply to the court of common pleas for the county in which the premises are located for an order to enter the premises, and if necessary, seize the dog. If the court finds probable cause to believe that the dog is being treated inhumanely, it shall issue such an order.

The warden and deputies shall also investigate all claims for damages to animals reported to them under section 955.29 of the Revised Code and assist claimants to fill out the claim form therefor. They shall make weekly reports, in writing, to the board in their respective counties of all dogs seized, impounded, redeemed, and destroyed and of all claims for damage to animals inflicted by dogs.

The wardens and deputies shall have the same police powers as are conferred upon sheriffs and police officers in the performance of their duties as prescribed by sections 955.01 to 955.27, 955.29 to 955.38, and 955.50 to 955.53 of the Revised Code. They shall also have power to summon the assistance of bystanders in performing their duties and may serve writs and other legal processes issued by any court in their respective counties with reference to enforcing those sections. County auditors may deputize the wardens or deputies to issue dog licenses as provided in sections 955.01 and 955.14 of the Revised Code.

Whenever any person files an affidavit in a court of competent jurisdiction that there is a dog running at large that is not kept constantly confined either in a dog kennel registered under this chapter or one licensed under Chapter 956. of the Revised Code or on the premises of an institution or organization of the type described in section 955.16 of the Revised Code or that a dog is kept or harbored in the warden's jurisdiction without being registered as required by law, the court shall immediately order the warden to seize and impound the dog. Thereupon the warden shall immediately seize and impound the dog complained of. The warden shall give immediate notice by certified mail to the owner, keeper, or harborer of the dog seized and impounded by the warden, if the owner, keeper, or harborer can be determined from the current year's registration list maintained by the warden and the county auditor of the county where the dog is registered, that the dog has been impounded and that, unless the dog is redeemed within fourteen days of the date of the notice, it may thereafter be sold or destroyed according to law. If the owner, keeper, or harborer cannot be determined from the current year's registration list maintained by the warden and the county auditor of the county where the dog is registered, the officer shall post a notice in the pound or animal shelter both describing the dog and place where seized and advising the unknown owner that, unless the dog is redeemed within three days, it may thereafter be sold or destroyed according to law."

Per Ohio Revised Code THE WARDENS AND DEPUTIES SHALL HAVE THE SAME POLICE POWERS AS ARE CONFERRED UPON SHERIFFS AND POLICE OFFICERS IN THE PERFORMANCE OF THEIR DUTIES AS PRESCRIBED BY SECTIONS 955.01 and 955.27.

This part is important and this section deals with both low volume kennels and with companion dogs., per Ohio Revised Code WHENEVER ANY PERSON FILES AN AFFIDAVIT IN A COURT OF COMPETENT JURISDICTION THAT THERE IS A DOG RUNNING AT LARGE THAT IS NOT KEPT CONSTANTLY CONFINED EITHER IN A DOG KENNEL REGISTERED UNDER THIS CHAPTER OR ONE LICENSED UNDER CHAPTER 956.16 OF THE REVISED CODE OR THAT A DOG IS KEPT OR HARBORED IN THE WARDEN'S JURISDICTION WITHOUT BEING REGISTERED AS REQUIRED BY LAW, THE COURT SHALL IMMEDIATELY ORDER THE WARDEN TO SEIZE AND IMPOUND THE DOG. THE WARDEN SHALL GIVE IMMEDIATE NOTICE BY CERTIFIED MAIL TO THE OWNER, KEEPER, OR HARBORER OF HE DOG SEIZED AND IMPOUNDED BY THE WARDEN.    

Additional material is found in Ohio Revised Code 959.132.  Feel free to read the whole thing but here is a section I feel is important.

  

(4) "Officer" means any law enforcement officer, agent of a county humane society, or other person appointed to act as an animal control officer for a municipal corporation or township in accordance with state law, an ordinance, or a resolution.

(B) An officer may seize and cause to be impounded at an impounding agency a companion animal that the officer has probable cause to believe is the subject of an offense. No officer or impounding agency shall impound a companion animal that is the subject of an offense in a shelter owned, operated, or controlled by a board of county commissioners pursuant to Chapter 955. of the Revised Code unless the board, by resolution, authorizes the impoundment of such a companion animal in a shelter owned, operated, or controlled by that board and has executed, in the case when the officer is other than a dog warden or assistant dog warden, a contract specifying the terms and conditions of the impoundment.

(C) The officer shall give written notice of the seizure and impoundment to the owner, keeper, or harborer of the companion animal that was seized and impounded. If the officer is unable to give the notice to the owner, keeper, or harborer of the companion animal, the officer shall post the notice on the door of the residence or in another conspicuous place on the premises at which the companion animal was seized. The notice shall include a statement that a hearing will be held not later than ten days after the notice is provided or at the next available court date to determine whether the officer had probable cause to seize the companion animal and, if applicable, to determine the amount of a bond or cash deposit that is needed to provide for the companion animal's care and keeping for not less than thirty days beginning on the date on which the companion animal was impounded.

AN OFFICER MAY SEIZE AND CAUSE TO BE IMPOUNDED AT AN IMPOUNDING AGENCY A COMPANION ANIMAL THAT THE OFFICER HAS PROBABLE CAUSE TO BELIEVE IS THE SUBJECT OF AN OFFENSE.....   

THE OFFICER SHALL GIVE WRITTEN NOTICE OF THE SEIZURE AND IMPOUNDMENT TO THE OWNER, KEEPER, OR HARBORER OF THE COMPANION ANIMAL  THE OFFICER SHAL POST THE NOTICE ON THE DOOR OF THE RESIDENCE OR IN ANOTHER CONSPICUOUS PLACE ON THE PREMISES AT WHICH THE COMPANION ANIMAL WAS SEIZED.  THE NOTICE SHALL INCLUDE A STATEMENT THAT A HEARING WILL BE HELD NOT LATER THAN TEN DAYS AFTER THE NOTICE IS PROVIDED OR AT THE NEXT AVAILABLE COURT DATE TO DETERMINE WHETHER THE OFFICER HAD PROBABLE CAUSE TO SEIZE THE COMPANION ANIMAL ....

This quote comes from a legal definition of probable cause  "When there are grounds for suspicion that a person has committed a crime or misdemeanor, and public justice and the good of the community require that the matter should be examined, there is said to be a probable cause for, making a charge against the accused, however malicious the intention of the accuser may have been. And probable cause will be presumed till the contrary appears.

This is important PUBLIC JUSTICE AND THE GOOD OF THE COMMUNITY REQUIRE THAT THE MATTER SHOULD BE EXAMINED, THERE IS SAID TO BE A PROBABLE CAUSE ...   

And this quote from another source    The Supreme Court has ruled that police can't stop and search people on a vague suspicion or hunch. Probable cause requires specific information that a particular person has committed a crime. The four sources of this information can be observation, the direct detection of a crime or pattern of suspicious behavior, expertise, skills of detection gained in special training, testimony, reports by witnesses, victims, or informants, or circumstantial evidence, which indirectly implies that a crime has occurred but isn't necessarily proof.

REPORTS BY WITNESSES, VICTIMS, OR INFORMANTS  Klonda Richey reported repeatedly as both a witness and the victim. 

  

What is found in the ORC gives several options for action in cases like Mrs. Richey's.   She might have been informed that filing an affidavit in court would bring action.  She would not even have to make a special trip, she could have filed the affidavit while she was already in court asking for a civil protection order against her neighbor Andrew Nason.  For video of that legal event please click here to see and hear Klonda Richey asking for help from the courts.   

Mr. Kumpf dismissively stated that the law does not give him the right to impound dogs just because "someone does't like this particular dog"    This is a great deal more than personal dislike, it is about public safety.  Simply putting a post-it note on a felon's door and walking away does not constitute doing your job.  A strong case can be made for probable cause and Ohio Revised Code gave Montgomery County Animal Control the right and responsibility to act.  

I will end this post with a flash back to Dayton Ohio in September of 2013.  Neighbors, and the United States Postal Service made complaints for a YEAR before any action was taken.  WDTN's l;ink no longer works but this one does and it deals with the same situation.   

9/27/2013
Dayton Ohio



Thirteen living Great Danes, Labradors, rabbits, and per the video a live chicken were removed from a Dayton home, multiple dead dogs were also found and removed by Dayton Police and Animal Resource Center staff.   

Neighbors and United States Postal Service workers have been complaining about this situation for a YEAR.  Per the neighbors the dogs had broken out all the windows, they CLIMBED OUT ON THE ROOF AND BARKED AT PASSERSBY, the smell of death has been hanging over this neighborhood in a cloud  and this has been going on for a YEAR!

Kumpf managed to look embarrassed on camera while being interviewed on this situation. "There is quite a number of live dogs here this afternoon," said Kumpf. "That is what we are here for. We may have been too late for some of these but we won't be too late for the others. Get them the help and they attention that they need."

Mark Kumpf with surviving puppies.

Per WDTN Neighbors said they are now thankful something has been done.

They just hoped it was sooner.

"It didn't have to come to that," said Smith. "Because we've been calling and the postal service has been calling, all of the neighbors. You can smell it. The whole street just smells."

Charges are still pending as investigators compile their report to present to the prosecutor.

City inspectors condemned the property.

What has Kumpf been doing for the last year?  Receiving complaints from neighbors and the USPS regarding dogs parading across the roof of an apparently abandoned home and barking at members of the community for a year?  The response to the multiple and  very valid complaints from this community is simply too little and too late.

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

Too little and too late again from the Montgomery County Dog Warden.  Kumpf had a job to do and he did not do it.  Next time we will take a look at Klonda Richey's actual complaints.  We will also take a look at the criminal history of her neighbor Andrew Nason.

The bond posted to insure performance of Kumpf's job should be forfeit.  Mr. Kumpf is a liability to the County and a public relations disaster for the Dog Wardens Association.  Mr. Kumpf's statements have brought comments that question "if dog wardens can't do anything then why do we even have them?"