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| -Short Attention Span Theater- |
| When Miniature Dachshunds Attack |
| 2010-03-06 |
| The criminal case against a 10-year-old miniature Dachshund that bit a Lafayette veterinarian technician should be dismissed because the city's vicious animal ordinance is flawed and state law should prevail, a defense attorney argued Friday. Municipal Court Judge Roger Buchholz said he would rule next week on whether to drop the charge against the dog, Spork, or allow the case to proceed. Violating Lafayette's vicious animal law can draw punishment up to a lifetime in a kennel or euthanization. Defense attorney Jay Swearingen, who specializes in animal law, said he's never heard of a Colorado case where an animal care worker has been bit by an otherwise non-violent dog and pressed charges -- namely because state law exempts it. "We know dogs bark and bite," he said during a hearing Friday. "The professionals who go into this business know there is some risk." Prosecutor Ralph Josephsohn, however, said that the 2006 city law prohibits "vicious animals," defined as those that attack or bite without being provoked, approach someone in a terrorizing way or have been trained as a fighting animal. "We've adopted an ordinance to protect public safety," he said. "... There's not a safe haven or immunity for those involved in animal care." Spork's case has generated passionate pleas to spare the dog. A "Save Spork" page on Facebook has gained more than 20,000 fans. In August, Spork's owners took him to Lafayette's Jasper Animal Hospital to have a bad tooth extracted. Owner Kelly Walker said she was holding the 17-pound dog in her arms while the technician attached a hospital band, then took out scissors to cut off the excess. The dog bit the technician in the face when she reached out to take Spork from Walker. Walker said her dog was simply scared -- so scared he defecated on her arm -- and in pain, not vicious. The technician, Allyson Stone, lost small pieces of her lips and was treated at Boulder Community Hospital and by a plastic surgeon. Stone told police that Spork showed no signs he was going to bite, adding that she felt the attack was unprovoked, according to the police report. She told police she wanted to press charges because she was concerned that Spork would bite his owner or someone else and she wanted to prevent another attack. Colorado law excludes those who work with animals in veterinarian offices from pressing charges in animal bite cases. But Lafayette's local laws include a vicious animal law that doesn't have a similar exclusion. Lafayette also doesn't allow jury trials in vicious animal cases. |
| Posted by: Anonymoose |
| #4 These dogs were bred to hunt badgers in their dens. A vet tech, even armed with scissors, wouldn't stand a chance. |
| Posted by: SteveS 2010-03-06 19:59 |
| #3 Redneck Jim --- while the technician attached a hospital band, then took out scissors to cut off the excess. I don't think that hospital band is "tissue." I could be wrong, but I think that refers to the ID bracelet placed on any hospital patience, human or animal. But I do agree -- that dog was in pain, and not vicious. |
| Posted by: Sherry 2010-03-06 13:32 |
| #2 "When Sporks Attack" |
| Posted by: Frank G 2010-03-06 12:36 |
| #1 Unprovoked like hell. The article states the dog had an infected tooth, an the Vet was cutting "Tissue" with a pair of scisors, not a word about anesthetic. I'd hurt the person too that was hurting me. |
| Posted by: Redneck Jim 2010-03-06 12:03 |