While pulling out of his driveway off of Ocean Parkway
in Bolinas, Imad Mansour says he saw two dogs attacking Deborah Flick’s
cat, Jack. These same dogs have been seen attacking cats before.
Whether or not the dogs are declared "potentially
dangerous," a process which could eventually lead them to be destroyed
by the county, will be determined by a quasi-judicial process that starts
with an investigation by Marin County Animal Services.
Animal services have recommended a hearing to have
the dogs declared potentially dangerous, said Cindy Machado, director
of animal services. If they are declared potentially dangerous, they
will be subject to sanctions to keep them from being a danger to any
humans or other animals, she said.
Dog death sentences
If those sanctions are violated by the dogs, she said,
the Humane Society could conduct another hearing to declare the dogs
vicious, which in some cases could lead to putting the dogs to death.
Under Marin County law, one of the ways a dog can
be declared potentially dangerous is if, "when unprovoked [it]
has killed, seriously bitten, inflicted injury, or otherwise caused
injury attacking a domestic animal off the property of the owner or
keeper of the dog," said Machado.
The investigation by the Humane Society was prompted
by a complaint statement filed to animal services by Flick, the owner
of the cat. She said that Sue Anne Russum, the owner of three dogs,
was walking them when two of the dogs, a great dane mix, Indo, and a
mutt named Cassie, that were not on a leash, attacked her cat unprovoked.
Russum, who was also interviewed by an animal services officer, said
that the cat was in the street, and blocking the only path to take to
get back to her house, while hissing at Indo. At that time, she said,
Cassie got out of her leash and attacked, killing Jack in the street.
Russum said Cassie was on a leash, Flick claims she was not.
Menace in Bolinas
The animal services investigation also included others
who have witnessed the dogs’ behavior. Their petition to mediation
services read "witnesses describe seeing all of the Russum dogs
allegedly chasing cats on numerous occasions over the years."
The third dog is a pitbull named Rosie. She was not
involved in the attack, but will be included in the "potentially
dangerous" hearing.
The hearing will consist of the Humane Society calling
witnesses, who will be sworn under oath, to recount the incident or
incidents in which they have witnessed the dogs’ behavior, said
Machado.
Russum, who said that she may hire an attorney for
the hearing, will also have a chance to question witnesses about their
accounts as well as testify herself and call witnesses.
A hearing officer, appointed by the board of supervisors,
will review all of the statements by all of the witnesses and then rule
on an individual basis whether Indo, Cassie, and Rosie are potentially
dangerous, said Machado.
If found "potentially dangerous," the dogs
must be contained in a fenced, locked yard at all times, only to be
let off the property on a leash with a responsible adult. There is a
$50 registration fee due within 30 days of any animal being called potentially
dangerous, and if the animal dies or is relocated, the Humane Society
must be notified within 24 hours. "Potentially dangerous"
animal sanctions are lifted after three years in Marin county, said
Machado.
Vicious dog hearings
Any violation of these sanctions, upon the Humane
Society being notified of the violations, would prompt an investigation
by them to petition for a "vicious dog" hearing. The other
ways in which the Humane Society can petition for a "vicious animal"
hearing are if the dogs have been used in organized dog fights or if
they inflict severe injury upon or kill a human being, said Machado.
It is at that "vicious dog" hearing where
an officer can order a dog to be killed. To do that, the hearing officer
must determine that the dog is a continual danger to other human beings
and animals and that the owner is unwilling or unable to keep the dog
on his/her own property, said Machado.
For now, Russum’s dogs are only in danger of
being considered "potentially dangerous," and subject to the
restrictive sanctions mentioned above. If they are eventually put to
death, it is county animal services who would assume the responsibility
and costs, said Machado. They are put to death by intravenous injection.
It is "very humane."
The person who decides the dogs’ future is Albert
Burnham, who will be the presiding hearing officer. Burnham said that
he was a defense attorney until 1992. Burnham has been hearing "potentially
dangerous" dog cases for about six years, and doesn’t find
it difficult to separate himself from the emotion of the proceedings
usually. "I’m glad I’m not a judge sitting on a murder
case," he said with a laugh.
Burnham will decide the fates of Cassie, Indo, and
Rosie in San Rafael at 10 a.m. Nov. 29 at mediation services, suite
170.