Friday, February 28, 2014

Pit bull roundup 2/28/14

I have not published a Pit  Bull Roundup since 11/17/2013 and need to clean up the backlog.  Here we go, these will not be in any consecutive order.  Get comfy.

Columbus Ohio
October 14, 2013

I think I missed this one in my last post.  The HSUS is offering a $5000 reward for information leading to the arrest and conviction of those responsible for beating a pit bull.

Pit bulls are subject to horrendous abuse.  Wouldn't mandatory neuter and spay to prevent the birth of dogs destined to suffer be a good thing?  Roughly a million pit  bulls are euthanized in American Shelters every year.  Why are those who claim to love these dogs so strongly opposed to any attempt to prevent suffering?

Why has the HSUS never donated $5000 toward the medical expenses of a human pit bull victim?  Why has the HSUS never donated $5000 toward the vet bills of an animal victim of pit bull attack?   I guess it is a matter of priorities.

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Reynoldsburg Ohio

Pit bull advocacy is attempting to overthrow BSL in Reynoldsburg Ohio.  Brad Hauser purchased a home in Reynoldsburg.  Pit bulls have been banned in the community since 1996 but Hauser obtained a pit bull in defiance of the law and now seeks to make local law suit his taste.      

This photo of Hauser's dog was provided to the Columbus Dispatch by Mr. Hauser.  Please note that his dog is posed in a public place without any restraint.  Presumably a community with a breed ban would also have a leash law but possibly I am just too picky.

In any case, Hauser took his complaint to city council but did not get the response he hoped for.  Per the Columbus Dispatch "The council listened, but nothing happened. Hauser and Schwartzkopf went back a few more times, requesting that the ordinance be changed. On Nov. 12, council President Doug Joseph appointed a handful of people, including Hauser, to a committee to review the ordinance. But two weeks later, the council dissolved the committee, concerned that it was skewed toward pit bull advocates and that several of its members didn’t live in Reynoldsburg.
Some council members say they don’t think that most of the city’s residents want to change the pit bull rule. Councilman Cornelius McGrady said he has received more than 200 emails on the issue, but fewer than 25 came from Reynoldsburg residents.  “You are not going to change the opinion of 36,000 residents in six months,” he said."
"“I just see no reason to change the law,” said Reynoldsburg City Councilman Mel Clemens."
"Councilman Scott Barrett, who acknowledged that he’s “not a fan of the breed,” said the committee could help the council “assure the views of our residents are heard and not just those solely made from lobbyists.”
It is notable that the council was aware that many of  the advocates were lobbyists and not local residents. 
Hauser is keeping his dog at his girlfriend's home in Columbus at this time.

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Dayton Ohio

From Mark Kumpf, County Dog Warden of Montgomery County, territory.  A pit bull/bulldog mix at large on a public street was shot in the jaw.  The dog owner stated that his dog  "got loose" from his yard and "approached" two teenagers, one of them shot the dog.  

This unfortunate shooting could have been avoided by simply keeping the dog on the owner's property.  People have the right to walk public streets in the community.  One man's "approach" may well be two teenagers "charge" or "menace."  

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Pepper Pike Ohio

A "somehow" event.  A pit bull "somehow" nosed open a screen door and escaped from the home.  When an Animal Control officer arrived with a catch pole the pit bull jumped and went broke through a screened window.  The dog was seen at large two days later but authorities were unable to catch him.  The pit bull was caught in a t rap later in the day.   Pepper Pike police contacted Woodmere police to see if this was the same pit bull  reported missing two weeks earlier.  

Pepper Pike police car.JPG  

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Toledo Ohio

As reported in the Toledo Blade, Ohio's breed specific advocate Jean Keating's Lucas County Pit Crew is attempting to gain control of six game bred, fight experienced pit  bulls seized in a dog fight investigation.  Keating is collecting contributions to cover the cost of bringing professional pit  bull advocates Donna Reynolds and Tim Racer of California's BADRAP to Ohio to evaluate these dogs for rehabilitation and placement.  Per The Blade "Our No. 1 priority is that their lives be spared and they be given an opportunity to be evaluated and go on to have a second chance at a decent life,” said Jean Keating, executive director of the Lucas County Pit Crew."

Lucas County Dog Warden Julie Lyle has a slightly different priority "“We’re not looking to put dogs out in the community [that] are not safe.”

Charles McDonald, assistant Lucas County Prosecutor, stated “Obviously the goal is to find a situation where safety is paramount — both for the dogs and any individual that may be in contact with the animals.”

For a 12/22/2013 update on these dogs please click here.  Donna Reynolds and Tim Racer, San Francisco pit bull advocates, were flown to Toledo to assess these pit bulls.  Reynolds stated  “They’ve never had a leader,” Ms. Reynolds added. “As soon as you give them a game plan, a leader, and some training, they immediately become better dogs.”  Simple as that, give 'em a game plan and a little training is all it will take to make companion dogs of them.  Historic note here, Racer and Reynolds run the nationally known pit bull advocacy organization called BADRAP.  BADRAP offers pit bull evaluations and educational programs.  Darla Napora was a BADRAP member.  Six months pregnant Napora was killed in her own home by by her own pit bull.  If BADRAP ever had the opportunity to "educate" they sure missed it with one of their own members.  

Darla and Greg Napora.

But I digress.  Back to Toledo's game bred pit fighters.

County Dog Warden Julie Lyle is not so sure that Racer and Reynolds opinions should be taken as fact.  Lyle stated that the county will not place these dogs with the public but will send them to rescues. " “Our hope is that all of these dogs will be placed with rescue groups that have the resources and knowledge to turn them into what they could be,” she said. “We do not place dogs that are human-aggressive and there is one [Bear] who has shown us he might be willing to be human-aggressive. It really just depends on what groups step forward and can take them.”  Lyle is talking to groups in Chicago and New York.  

For a 1/7/2014 update on these dogs please click here.  Lucas County Dog Warden Julie Lyle made the decision to euthanize two of the six game bred pit fighters stating " “We're a public-safety agency and we can't place dogs that could be a danger to the community.”

The Lucas County Pit Crew has taken one of the pit bulls and the remaining three are still housed at the Lucas County Care and Control shelter awaiting placement in somebody else's community.  

Personal opinion here, if a dog is too dangerous to remain in a community it is too dangerous to move to another community.  A change of address will not change the dog.    

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Parma Ohio

Breed specific advocacy has the small town of Parma Ohio in it's sights.  The improbably named Animal Guardians for a Prosperous Parma  uses classic pit bull talking points "unfairly vicious reputation" "no greater danger than other breeds of dogs" "increased emphasis on owner accountability" " the majority of reported attacks are due to mistreatment or neglect."  No other breed of dog requires this level of advocacy or excuse creation.  

Per,  Animal Guardians for a Prosperous Parma spokesperson Denise Geschwender stated " it’s discriminatory not to allow Parma residents to own the type of dog of their choice. She said the pit bull ban serves as a deterrent to people considering moving to the city, and hurts the business of animal-care professionals because the dogs can’t be transported into the city.
“It’s almost like living under a dictatorship,” she said. “…A lot of people won’t move to Parma because of the type of dog they have.”

Reportedly Parma City Council is not impressed with Geschwender's claims.

pit bull.jpg

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Mansfield Ohio

The dog is still at large and local authorities warn the public not to approach the dog, call the Dog Warden at once.   

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Xenia Ohio  

A seven year old girl was taken to a local hospital after being attacked by the family pet, an American Bulldog, a breed created by using pit bulls as foundation stock as well as other breeds.   Per WHIO " The animal control officer said the child was bitten by the pure breed dog, which he said people might mistake for a pit bull, and the injury was "bad enough to go get medical care."

""When we arrived the dog was sitting with the girl. The dog was not attacking her," Johnson said. "Essentially what had occurred was the little girl had taken the dog out to play. The dog became aggressive and grabbed the little girl, kind of took her around the yard a little bit pulling her by the leg."
Johnson said the neighbors saw the attack and called police. When officers arrived the attack was over and the dog was sitting outside by the victim.
Johnson said the mother came out to get control of the dog. She apparently was unaware of what happened until she saw the police cruisers.
The dog owner will have to appear in court for failure to control the dog and failure to license the dog.  

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12/4/2013                                                                                                                                 Riverside Ohio
Neighbors rescued the boy from the attack by using sticks and "other implements" to beat back the dog, who is  appropriately named "Havoc."
The victim's uncle paints a vivid picture of the attack.  Per the Dayton Daily news  "The boy's uncle, Tyler Campbell, tells News Center 7 that the neighborhood has had trouble with the dog in the past, noting the dog "gets out all the time" and chases people and pets in the neighborhood.Campbell said his son and the victim were playing in the yard with another relative when the dog got loose."It busted out of the cage, pinned my nephew against the house and started biting him on the legs," the uncle said.The dog's owner was not at home when the attack occurred. Campbell said the owner drove up not too long after neighbors had come to the boy's defense."They picked up whatever they could pick up," Campbell said of the neighbors. "The dog wasn't stopping."
The Dayton Daily news states that the dog owner has been cited for allowing the dog to get loose and for the attack.  There is no mention that Montgomery County Dog Warden Mark Kumpf has begun the process of declaring Havoc a dangerous dog.

Riverside Dog Bite, Dawes Avenue photo

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Newark Ohio

Local pit bull owners seeking to bypass local law are attempting to use the AKC CGC test to avoid local law requiring insurance, special registration, muzzles, and restraining them in public.  The AKC CGC test was not designed for this purpose and the AKC will certainly accept no responsibility for injuries caused by dogs passing the test.  Bad deal for Newark residents.

The Newark Advocate agrees.  It appears that Newark is open to the proposal but lawmakers apparently are unaware that pit bulls have a distinct advantage with the already outrageously easy AKC CGC.  Extreme pit bull advocacy pays a bounty of $150 per pit bull for passing the AKC CGC.  This money from heaven comes from the Animal Farm Foundation (mission statement "Securing equal treatment and opportunity for all "pit bull" dogs).

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Steubenville Ohio

Teresa Moorehead shot one of her pit bulls after it "went after" her.  Police were called and they had to shoot the pit bull a second time.  It should be noted that Moorehead's faces charges after her pit bulls attacked two area women the week prior to the attack on Moorehead, by her own pit bull.

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Cincinnati Ohio

A 73 year old woman was hospitalized with serious injuries after she was attacked by two pit bulls.  The victim was walking on the sidewalk outside her home when two pit bulls "charged through the front door of a house and took her down."  Per WCPO News "The dog's owner managed to get one of the pit bulls off the woman and inside the home but the second dog charged at a responding officer. In response, the officer fired multiple shots at the pit bull, McShane said, hitting it twice. The dog did not survive.
The sergeant said the dogs' owner was attacked when he attempted to help the woman. He was taken to Jewish Hospital for treatment and released Sunday."
A witness described the attack "One (dog) took a leg and one (dog) took an arm. They just took her down. They just tore her up savagely,"

For video of the witness speaking with a reporter please click here.
Police Sgt Dan McShane told reporters that one of the pit bulls tried to attack the first officer on the scene.  That officer fired several shots killing the pit bull.

In the mandatory bull owner comment, the owner of these pit bulls, Sylvester Forte said this about his one of his dogs "He is not aggressive. If you look at him, he will run,"

Cincinnati repealed a pit bull ban shortly after the passage of HB 14.  Peaceful Cincinnati residents are not pleased with the changes they see in their city.   
Please watch the video on the above link.  Look at the number of first responders.  How much do you think this attack cost the city of Cincinnati?  Not included is the medical care of the victim and of the pit bull owner as well.    

Victim Bulah Shaef  
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Glendale Ohio

For a seasonal story, this one is hard to beat.  An injured pit bull was found curled up inside an outdoor nativity scene.  It is fortunate that the nativity was all statuary with no live animals otherwise area children might have emotionally scarred by what they might have seen.  The Cincinnati Pit Crew will place the dog somewhere.   

(Courtesy: via CNN)

Update - The dog has been placed just in time for Christmas. 
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Hancock County Ohio

A Hancock County Humane Society volunteer was seriously injured in a pit bull attack while at the shelter.  The Humane Society director stated that she did not think the pit bull was trying to hurt the volunteer but dog warden Dana Berger does not think the bites were "play bites."  The  pit bull was euthanized.

Per "As a result the Humane Society is implementing new safety measures. Krugh says a panic button and more security cameras will be installed at the shelter, and volunteers will use the buddy system when interacting with dogs."

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Cleves Ohio

A man was attacked by two pit bulls while he was at a home on Main street to buy something.  After he left the home the dog owner turned the pit bulls loose, the victim was bitten on the arm and on the leg.  

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Zanesville Ohio

Joshua Davis was fined $125 plus court costs for three counts of failing  to license his dogs and one count of dog at large for the attack on a neighbor who was attacked by a Staffordshire Bull terrier at Davis's home.  

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Erie County Ohio

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Middletown Ohio
6-year-old attacked by pit bull in Middletown photo
A six year old girl was attacked by a pit bull as she, her mother, and her little sister were visiting a friend's house.   Per the Dayton Daily news The girl had lacerations to her left cheek, above her eye and on her nose, and her face was also swollen, according to the police report. She was taken to Atrium Medical Center for treatment, where she stayed for two days.
“There was blood everywhere… I was in so much shock I thought I was going to pass out cause there was so much blood,” Combs said. “She’s traumatized, she doesn’t want anybody near her face. She’s so scared I think I’m going to have to do counseling for her it’s that bad.”

A Cincinnati area pit bull advocate, Max Webster,  took this opportunity to speak in favor of the breed. “Any dog is capable of equally as much damage as another dog,” said Max Webster, an advocate with Cincinnati Pit Crew. “It’s all in how they are managed.”
Cincinnati Pit Crew volunteer are working to change the stigma that pit bulls are vicious and threatening. Advocates take in unadoptable dogs and work to rehabilitate them, with the goal of making them adoptable, according to Webster.
“It’s a shame things like that happen,” Webster said of the Middletown incident. “But it’s almost unavoidable when there are people out there that just don’t know how to handle a dog and unfortunately that dog ends up being a pit bull.”
6-year-old attacked by pit bull in Middletown photo
Max Webster and his Dog Sasha.   Incredibly Webster had this to say about Sasha "Webster recently adopted Sasha, a pit bull mix. The dog was aggressive and couldn’t be around other dogs or people, Webster said.“She was found in a crack house. … She came from a bad situation,” Webster said. Now, Sasha is a member of Webster’s family. “She’s my kid, she’s my baby I tuck her in at night and kiss her,” Webster said. “I use her as a therapy dog where we go to hospitals and nursing homes and visit with patients there. Her calming energy is perfect for that situation.”
Does anyone think that taking a recently acquired pit bull mix that is known to be aggressive around dogs and people to hospitals and nursing homes is good idea?  Mr. Webster is attempting to make a point and he risks hospital patients and the frail elderly in order to do it.  This is shameful. 
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1/14/14                                                                                                               Lorain Ohio
A six year old boy was attacked by a pit bull as he was playing with other children in his neighborhood.  Neighbors and the boy's family members ran out to help him and the family Labrador Retriever fought with the pit bull. Police arrived and tazed both dogs, the pit bull four times.  The pit bull continued to be aggressive so the police shot it. The victim's grandmother stated that she has seen the pit bull tied in a neighbor's yard.  The neighbor denied ownership.  Per The Morning Journal "When the alleged owner of the pit bull attempted to intervene, the man suffered a hand injury. Lorain Police Capt. Roger Watkins said the man “may or may not lose his finger.” Click here for video.  Warning, the child's family defends pit bulls.

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1/15/14                                                                                                               Lorain Ohio  
For the second day in a row Lorain police were forced to shoot a pit bull.  Lorain police were called to a Livingston Ave home where a pit bull had attacked its owners.  When police arrived they were confronted by a pit bull stained with blood.  The dog would not allow them to get out of their police cruisers.  Eventually the pit bull walked to the front porch of the home where police attempted to control it with a noose pole.  They were not successful and were forced to shot the pit bull.  The Morning Journal described the situation "Police then entered the house where they encountered Stephanie Nau and her boyfriend, Adrian Alexander. The couple told police that Alexander was about to sit down in the living room when the dog lunged at him and started biting him.
Nau entered the room and grabbed the dog by its collar when it turned on her, biting her on the wrist, the report stated.
The dog held its grip on Nau as Alexander attempted to free her. Alexander stabbed the dog with a knife but was not able to free Nau from the dog’s grip, the report stated.
When the dog eventually let go of Nau, it returned its attention to Alexander. Nau opened the front door of the home and the dog ran outside, according to the report.
Nau was escorted to an ambulance and taken to the hospital by LifeCare. The Lorain County Dog Warden took possession of the deceased dog.
Alexander told officers the incident was not the first time his dog had turned on him, the report stated."
Does this make sense?  Given the pit bull's history why did these people keep this dog? 
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1/30/14                                                                                                           Cleveland Ohio
In an attack that you never hear about, an off duty Cleveland city school police officer shot  two Rottweilers attacking a man near the street.  It was reported that the dogs had attacked three others in the area.  All four victims were treated at a local hospital. 
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1/27/14                                                                                                               Rocky River Ohio  
A newly rescued pit bull killed another pit bull in the home of her new owner.  "Dog attack, Bidwell Avenue: A resident reported on Jan. 27 that one of her pit bulls killed another pit bull in the house. She told police that she rescued “Venus,” the female pit bull, and brought her home to her other pit bull, “Trooper.” She stated that they got along well the past two days. However, when she returned home from work, she found Trooper dead in the dining room. She called the police for fear Venus might harm her. Venus was taken by the Animal Control officer to the kennel."
Crate and rotate, crate and rotate.
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 1/31/14                                                                                                           Trotwood Ohio
Two pit bulls attack a Chihuahua mix.  The little dog's owner and a neighbor were able to rescue it but both were injured in the process.  Per the Dayton Daily News " A neighbor who witnessed the incident said a knife was used on the two stray dogs to get them off the Chihuahua shih tzu mix, although police have not confirmed that report. Both strays, found bloodied, were located down the street and were removed from the scene by an animal resource officer.Snow at the scene of the dog attach in the 200 block of Miller Avenue was also stained with blood"
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Union Twp Ohio

In another attack that nobody will ever hear about, an infant was attacked by a Husky.   The infant was flown to a local hospital for treatment, the injuries were classified as minor.  

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Lancaster Ohio

An American Bulldog, by definition a mix based on pit bull bloodlines, attacked the owner's two children.  Both children were admitted to Fairfield Medical Center and transferred to Nationwide Children s Hospital in Columbus Ohio.  Per the Marion Star "   Neighbors in the 600 block of North Maple Street came over to help contain the dog. Fuentes called Lancaster police, and when officers arrived the dog was still being aggressive. According to police reports, an officer used a Taser on the dog after it charged him and attempted to bite his leg.  The Fairfield County Dog Warden was called in to take the dog, which is under a quarantine to ensure rabies wasn’t a factor.  “They’re putting him down (today),” Sandra Fuentes said. The family purchased the dog from a family in Pleasantville that also had children but lacked space to care for the dog. Fuentes said she talked to the family after the attack and the former owners said that in the three years they owned him, they had never seen aggression from the dog and were sorry they had “re-homed him.”
An American Bulldog was removed from a family home after it attacked two children, then tried to attack a responding police officer before being subdued with a Taser.

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Dayton Ohio - Mark Kumpf's territory

Police searching for a robbery suspect spotted a pit bull chained inside a garage with no food, heat, water, and laying on a sheet of ice.  Per police reports the dog was aggressive toward them and "appeared vicious."  The home owner allowed police into the house where two additional chained adult pit bulls were found and  two pit bull puppies. All pit bulls appeared malnourished.  All five pit bulls were taken to the Montgomery County Animal Resource Center.   

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Dayton Ohio

The mayor of Dayton Ohio admits that the city has a problem with vicious dogs.  The shit has hit the fan in Dayton since the mauling death of Klonda Richey on 2/7/14.  The Montgomery County Health Department stated that last year 176 dogs were quarantined because they bit someone.

Dayton's mayor is calling for change as are Ohio lawmakers.  Per WDTN News "Mayor Nan Whaley told 2 NEWS she believes the city has an issue with dogs, but is hampered by weak state legislation.
“We will be looking into if there is more the city can do and again, this is a partnership effort,” said Whaley. She said it will take tougher statewide ordinances, cooperation with the county’s Animal Resource Center and the Dayton Police Department.
Changes to the Best Friends Animal Society crafted Ohio vicious dog law would be VERY appropriate. 
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I think this is enough for the moment.  We will return to the pit bull roundup when my head stops spinning. 

Monday, February 24, 2014

Klonda Richey's actual complaints, there is a LOT going on here.

This is the actual fence that Klonda Richey built to protect herself and her cats from her neighbors dogs, one would think this would be enough.  This double walled containment did not save Klonda Richey's life.
A cat lover, fences were built to protect the pets at Klonda Richey’s home, 31 E. Bruce Avenue in Dayton where she was mauled to death by a neighbor’s pit bull dogs after nine previous complaints filed about the two dogs who fatally attacked her. JIM WITMER / STAFF

Today we are going to take a look at the actual complaints made by Klonda Richey, and the official records of the Montgomery County Animal Resource Center.  Please click here to see the records, I will discuss them in the order that they appear.

As you read Klonda Richey's complaints I would like you to keep a few things in mind.

First, this section of the Ohio Revised Code found in section 955.12, Dog Wardens.  "Dogs not 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."  Here is the quote in context.  
"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." 

Second, please note breed descriptions of Nason and Custer's dogs.  They are called by both the victim and animal control as pit bull, pit mastiff mix, mastiff mix and one is called a boxer.  There are no Cane Corsos recorded.

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On 5/14/12 Animal Control responded to a cruelty complaint regarding one of Nason and Custer's dogs, a boxer puppy.  The dog had been barking and was struck, the complaint stated that the puppy sounded like it was in distress.  Animal Control Officer Baker stated that he spoke with the owner and saw the dog, it did not show signs of pain while he was petting it.  Included in the report was Nason's statement that the complaint was a response to his son "messing with the fence" not concern about the dog. Nason received a written warning.

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On 8/8/2012 Montgomery County Animal Control responded with a condition and license check to a complaint that a clearly stated "brown pit bull" was loose and had charged the complainant the previous evening.  Police were called at that time but by the time police arrived the dog had been taken back into the house.  The owners did not come to the door when police knocked and as soon as police left the dog was loose again.  Nason and Custer received a warning for this.  As Mark Kumpf, Montgomery County Dog Warden has stated a warning is simply an acknowledgement that ARC has responded to the call and that there is no follow up.  There is no mention of any license check in the remarks.

                                                                 * * *
On 9/26/12 ARC responded to  another complaint about the clearly identified brown pit bull.  This complaint is labeled as "Confinement."    The ARC uses a form with areas asking yes/no questions.  The form indicates that the dog is not a mixed breed but a "pit bull" and that there are no priors on this dog.  Obviously somebody forgot about the 8/8/12 complaint on the same dog.  Comments for this one state that two complaint calls had been left for ARC the previous evening that the dog was loose and very aggressive and that the owner is incarcerated.   Julie Custer got the warning on this one.

                                                                 * * *

On  12/27/11 ARC responded to a condition and license check for a dog with no descriptive information other than noting that the dog is not a mixed breed. Field Activity Records comments indicate that the dog is "very thin, ribs are visible, no food and water is outside."  There is no record of any license check.

                                                                 * * *

On an activity card dated 3/16//13 shows that the "comp states that the dog is loose again and the mailman will not deliver the mail."  The memo section goes on to state "Comp states that the dog is loose again and she has a civil protection order against the owner.  The dog has come after her before and she states that now he will let his dogs loose to go after her and her cats.  She states that the mailman will no longer deliver mail to street because of this dog if it is not taken care of.  There are no current license on file however there are two 2012 licenses on file 29070 male brown mix 29069 for a male tan mix breed.  The dogs were registered to XXXXXXX with a public service of XXXXXXX.  Comp states this animal has attacked her before and she has a civil protection order against the owner."  This is followed by a repetitive statement and concludes with "I knocked on the door but nobody answered.  I hear the dog barking in the house.  I posted a warning."  

Ohio Revised Code allows seizure of unlicensed dogs.  ARC is aware and acknowledges that Nason's dogs are not licensed, at large and menacing residents, and are interfering with the delivery of mail by the United States Postal Service.  Why did Montgomery County Animal Control refuse to take action allowed by ORC?  They "posted a warning"?  Wow...

This activity card is followed by a citation/violation listing a violation of ORC 955.11 "it was reported attacking people and cats."

                                                                * * *

On an activity card dated 5/23/13 showing a call date of 5/21/13 "Comp stated all four dogs were loose and chased her."  The following citation/violation states "Nobody answered the door, did not see or hear a dog." Violations were noted.

                                                                * * *

An activity card dated 5/31/13 regarding a pit bull mastiff deals with the complaint that the dog was left out on a chain with no food or water. The complainant gave the animal food, the owner took the dog off the chain and told the dog to attack the complainant but the dog would not leave the yard.  Richey asked for a return check in two days because she felt that the dog would again be chained at that time.  Did they go back?

The report ends with a notation that the dog was not licensed and has several priors.  ORC allows seizure of unlicensed dogs and seizure of Nason's unlicensed dogs would have saved Klonda Richey's life.  A warning was given, wow.   The citation/violation follows.

                                                                  * * *

Moving on to activity cards dated 7/21/13 and 7/23/13 the complaint is that two bull mastiffs are loose "again" and chasing the complainant.  This is followed by the citation/violation with a violation number on it.

                                                                  * * *

On the 8/5/13 activity card we find the complaint that the owner is now putting the pit/mastiff in her yard to scare her and that there is STILL no license for 2013 and "several priors."  Two warnings were posted but it was noted that "no one was home, did not see any dogs."  The citation/violation follows.

                                                                 * * *

On 9/9/13 the activity card indicates "the brown pit/mastiff is loose on the street, several priors, 2012 licenses."  No one answered the door, no loose dogs.  Two warnings were left.  We have seen just how impressive the warnings are in promoting compliance with law.  The citation/violation follows.

                                                                 * * *

On 9/12/13 "the mastiff was loose again the previous evening, no current license, several priors."  Comments include "no loose dog, no one answered the door." Remember that Ohio law gives animal control the ability to seize unlicensed dogs, this seizure would have saved Klonda Richey's life.

                                                                * * *

The 9/25/13 activity card shows the complaint dated 9/24/13 "the white pit pup is running loose, owner also has two brown mastiffs, several priors."  Nobody answered the door but AC could hear a dog barking. That all important warning was posted.

                                                               * * *

At no time are any of Nason and Custer's dogs called Cane Corsos or Cane Corso mixes as Mark Kumpf has labeled them after the mauling death of Klonda Richey.  This was apparently a post mortum transformation.  All documents dealing with Richey's complaints deal with pit mastiff mixes, pit bulls or mastiffs and one lonely boxer pup.

Does anyone see any real attempt to do the job that the residents of Montgomery County pay animal control to do?  Ohio Revised Code made it Mark Kumpf's job to impound unregistered dogs, this would have saved Klonda Richey's life.

Click here to see surveillance video taken by Richey showing Nason entering her property through her unfinished fence, trespassing, and menacing.  Nason's dogs are shown in Richey's driveway exactly as she stated in her complaints.

Why have charges not been filed in this case?

Sunday, February 23, 2014

More thoughts on the laws that allowed the death of Klonda Richey

Today we are going to recommend reading the thoughts of yet another blogger on the death of Klonda Richey.  Thanks to Animal Uncontrol.

Please click here to read An Unpreventable Tragedy, Part III.

Here is my favorite part and the bottom line "The bottom line is, many of these "animal control" laws are crafted in such a way to protect the individual animal and individual animal owner. They are NOT crafted to protect public safety. This gives authorities a TON of plausible deniability.

Keep in mind that Ohio's law was written by an out of state animal rights organization, Best Friends Animal Society,  with a strong breed specific advocacy agenda.  Despite bill sponsor Representative Barbara Sears claim that HB 14 would "finally give dog wardens the tools to deal with dangerous dogs" Ohio's law was not written for that purpose.  The due process language in the bill is simply unworkable.  

I'm happy to share the due process section of the Ohio Revised Code.  

955.222 Hearings for dog designation.

(A) The municipal court or county court that has territorial jurisdiction over the residence of the owner, keeper, or harborer of a dog shall conduct any hearing concerning the designation of the dog as a nuisance dog, dangerous dog, or vicious dog.
(B) If a person who is authorized to enforce this chapter has reasonable cause to believe that a dog in the person's jurisdiction is a nuisance dog, dangerous dog, or vicious dog, the person shall notify the owner, keeper, or harborer of that dog, by certified mail or in person, of both of the following:
(1) That the person has designated the dog a nuisance dog, dangerous dog, or vicious dog, as applicable;
(2) That the owner, keeper, or harborer of the dog may request a hearing regarding the designation in accordance with this section. The notice shall include instructions for filing a request for a hearing in the county in which the dog's owner, keeper, or harborer resides.
(C) If the owner, keeper, or harborer of the dog disagrees with the designation of the dog as a nuisance dog, dangerous dog, or vicious dog, as applicable, the owner, keeper, or harborer, not later than ten days after receiving notification of the designation, may request a hearing regarding the determination. The request for a hearing shall be in writing and shall be filed with the municipal court or county court that has territorial jurisdiction over the residence of the dog's owner, keeper, or harborer. At the hearing, the person who designated the dog as a nuisance dog, dangerous dog, or vicious dog has the burden of proving, by clear and convincing evidence, that the dog is a nuisance dog, dangerous dog, or vicious dog.
The owner, keeper, or harborer of the dog or the person who designated the dog as a nuisance dog, dangerous dog, or vicious dog may appeal the court's final determination as in any other case filed in that court.
(D) A court, upon motion of an owner, keeper, or harborer or an attorney representing the owner, keeper, or harborer, may order that the dog designated as a nuisance dog, dangerous dog, or vicious dog be held in the possession of the owner, keeper, or harborer until the court makes a final determination under this section or during the pendency of an appeal, as applicable. Until the court makes a final determination and during the pendency of any appeal, the dog shall be confined or restrained in accordance with the provisions of division (D) of section 955.22 of the Revised Code that apply to dangerous dogs regardless of whether the dog has been designated as a vicious dog or a nuisance dog rather than a dangerous dog. The owner, keeper, or harborer of the dog shall not be required to comply with any other requirements established in the Revised Code that concern a nuisance dog, dangerous dog, or vicious dog, as applicable, until the court makes a final determination and during the pendency of any appeal.
(E) If a dog is finally determined under this section, or on appeal as described in this section, to be a vicious dog, division (D) of section 955.11and divisions (D) to (I) of section 955.22 of the Revised Code apply with respect to the dog and the owner, keeper, or harborer of the dog as if the dog were a dangerous dog, and section 955.54 of the Revised Code applies with respect to the dog as if it were a dangerous dog, and the court shall issue an order that specifies that those provisions apply with respect to the dog and the owner, keeper, or harborer in that manner. As part of the order, the court shall require the owner, keeper, or harborer to obtain the liability insurance required under division (E)(1) of section 955.22 of the Revised Code in an amount described in division (H)(2) of section 955.99 of the Revised Code.
(F) As used in this section, "nuisance dog," "dangerous dog," and "vicious dog" have the same meanings as in section 955.11 of the Revised Code.

Added by 129th General AssemblyFile No.75,HB 14, §1, eff. 5/22/2012.

Please note 955.222 (B) 
"If a person who is authorized to enforce this chapter has reasonable cause to believe that a dog in the person's jurisdiction is a nuisance dog, dangerous dog, or vicious dog, the person shall notify the owner, keeper, or harborer of that dog, by certified mail or in person, ...  "

Mark Kumpf is Montgomery County's Dog Warden and would be the individual with the responsibility to do this in Montgomery County.  Mr. Kumpf was an active participant in the effort to pass HB 14, he was an officer of Ohio County Dog Wardens Association at the time (now president of that organization) and was well aware of exactly who wrote the bill, he had a long and close relationship with Best Friends Animal Society whose legal department wrote HB 14, Kumpf testified in favor of the bill.   

If you have time, you might read  An Unpreventable Tragedy part I

                                                  An Unpreventable Tragedy part II
                                                  Phony Complaints My Ass