GSD Scheduled to Die for Defense of Family Member

    • Gold Top Dog

    GSD Scheduled to Die for Defense of Family Member

    Please read story and if possible send email to the Mayor.

     

    http://www.nj.com/news/times/index.ssf?/base/news-3/1194498519125940.xml&coll=5

     

    Mayors email :  b.p.miller@verizon.net

     

    edited to add: Please email the judge or fax a letter. The dog dies on Tuesday

    Please email Judge Annich and show your support for the James family and Congo by coming to a rally at the Princeton Township courthouse on Tuesday, November 13th, at 10 AM.

    The address for the Courthouse is 400 Witherspoon Street, Princeton, NJ 08540

    Russell W. Annich, Jr. - Judge
    Email Judge Annich in care of the Court Administrator:
    caroline_sapio@princeton-township.nj.us
    fax letters to 609-924-5902

    Please Crosspost.
    Long story short.
    1. Landscapers come by early.
    2. Dog are in yard.
    3. Owner of the home, in the shower, yells for them to stay in the car until the dogs are put away. Just common sense. When the OWNER of the home tell you that then you should stay in the car.
    4. Guys get out of the car. Why?
    5. Dogs began to bark at them.
    6. Guys hit dogs with rakes. Some of these dogs are puppies.
    7. Owners wife runs out to stop the dogs.
    8. Lanscaper grabs her from behind and pulls her to the ground.
    9. The alpha dog, a G Shepard male bites the crap out of him for grabbing his owner.
    10. Landscaper wins 250,000 dollars.
    11. They judge is trying to get the dog put to sleep.
    This is insane. People can come into your yard, ignore your warnings, wrestle your wife to the ground and still beat you in court.
    Dog's fate devastates family
    Judge orders shepherd destroyed after vicious attack
    Thursday, November 08, 2007
    BY LINDA STEIN
    PRINCETON TOWNSHIP -- A family whose beloved German shepherd faces death for having led a dog attack on a landscaper is devastated by the news but vows to continue to fight to save him.

    "He needs to come home," said Guy James, the Princeton homeowner who managed to call his dogs off the landscaper, but only after the worker was severely mauled in the June 5 attack.
    He's innocent. He did nothing more than protect my wife. He never bit anyone until she was grabbed and pulled to the ground," James said.

    Congo has been ruled vicious by a municipal judge and ordered put down.

    "As a family, it's destroyed our way of living," said James, 46. "We're just consumed with the whole thing."

    The landscaper, Giovanni Rivera, has won a $250,000 insurance settlement as a result of serious injuries he sustained in the attack, which occurred when he and others disobeyed instructions from James not to get out of their car until Congo and several other dogs on the property could be sequestered for safety.

    Rivera, a Trenton man, was on the 10-acre, fenced property on Stuart Road to do yard work. The landscaping crew had arrived before 7 a.m., about an hour before they were expected.

    James, who was about to take a shower, called out a window to them in Spanish, telling them to get back in their car and wait because the dogs were in the backyard being fed.

    While the dogs, two 2 1/2-year-old German shepherds and their four 6-month-old puppies, had not had problems with people on the property before, James said in an interview that he didn't want them to interfere with the workers. Also, he wanted the workers to wait until he was dressed so that he could tell them what to do, he said.

    Instead, Rivera and another worker got out of the car after a few minutes and the dogs began to bark. That worker began to hit the dogs with a metal rake and Elizabeth James, Guy James' wife, yelled for him to stop. Meanwhile, Rivera, who was afraid of the dogs, grabbed her from behind and pulled her to the ground, causing her to scream. At that point Congo began to bite and scratch Rivera and some of the puppies joined in.
    The whole thing was pretty terrifying," Elizabeth James said. "You can't imagine. I was scared. It happened extremely fast. I didn't have time to think."

    Meanwhile, her 8-year-old son, Ben, ran into the house to get his father. Moments later, Guy James hurried out and called off the dogs.
    Rivera, who was treated for bites at a local hospital, settled with the couple's insurance carrier for the $250,000, Guy James said.

    Rivera's lawyer, Kevin Riechelson, said his client has scars from the dog bites and scratches that may be permanent on his arms, legs and torso. Rivera still suffers from numbness in his leg but is able to walk.

    "He had a really deep wound on his right thigh," Riechelson said. "Luckily, his face wasn't touched."

    In addition to the $250,000 settlement, the Jameses' insurer agreed to pay medical bills and worker's compensation claims for Rivera, Riechelson said.

    The Jameses' children, especially Ben who witnessed the attack, have been "crying nonstop," Elizabeth James said. "They've been on an emotional rollercoaster." Their dog has been placed in a shelter while the court process plays out.

    Hannah James, 11, wrote a letter to Judge Russell Annich Jr. saying in part, "I am so upset seeing my dog locked up in jail for doing his job. When my friends are over they play with and around Congo and have no problems. I want you to know that this is coming from my heart and I mean it with all my heart and soul. Actually, my broken heart. We will never ever forget this for the rest of our lives. You have made the wrong decision in my eyes."

    And Congo, who is being held at Save a Friend of Homeless Animals, is depressed and anxious, Guy James said. He now has to be hand-fed or he will not eat.

    Meanwhile, James' lawyer, Robert Lytle, argued at a hearing in Municipal Court that the attack had been provoked and under New Jersey law, the dogs had a right to protect themselves and their owner.
    But some, including municipal prosecutor Kim Otis, argue that the Jameses should have had control over the dogs and were negligent.

    Indeed, Judge Annich found that "the prevailing circumstances did not constitute provocation and that the attack upon Mr. Rivera, initiated by Congo and subsequently by the other dogs present, continuing unabated for three minutes, was a response grossly disproportionate to the prevailing situation
    Guy James pointed to testimony from dog behavior expert and University of Pennsylvania professor Ilana Reisner, who said that in her professional opinion James' dogs were "clearly provoked."

    "Based on these threats (unfamiliar individuals, perceived threatening position, the attack on the puppies with a metal rake, grabbing the owner from behind and pulling to the ground) the dogs were compelled to defend themselves and their owner," Reisner wrote.

    "I am so sorry for what happened but it was not out of viciousness," Guy James said. "This was a provoked attack and any dog would protect its owner in the same manner. I can't imagine that any dog -- who was beat with a rake, hard enough to cause bloody gashes, and then had its owner grabbed from behind -- would walk away without action."

    Guy James also garnered statements from several people who had been on his property and attested to the dogs' friendly behavior, including John Pettenati, the township building inspector. In fact Pettenati nicknamed them "the happy dogs" because they were so pleasant.

    Guy James said that while he and his family were waiting for their house to be finished they lived for several months at a hotel. During that time Congo and his mate, Lucia, interacted with maids and others and never caused a problem, he said.

    James also sent Congo and Lucia to the American Dog School in Denver for obedience training. James stressed that the dogs were trained for obedience, not as guard dogs. The four puppies are currently at that school, he said. Five of their siblings were adopted and one of those dogs is being trained to be a police dog in Pennsylvania, Guy James said.

    Meanwhile, an article in The Times and reports in other media outlets have spurred the public into action on Congo's behalf.

    Kat McAfee of the Coalition for Action in the Interests of Animals has organized the Coalition to Free Congo. She expects hundreds to come to a rally Tuesday at 10 a.m. at the municipal building at 400 Witherspoon St. in Princeton.

    McAfee said they hope to save Congo's life by "bringing pressure on the powers that be."

    Annich is expected to place his ruling on the record Tuesday afternoon.

    For his part, Guy James said he has received thousands of letters and e-mails and thanked those who have offered their support.

    "Congo is a fantastic family pet who is loved by everyone we know and many we don't," James said. "We will not let this rest for the sake of all dogs and their owners, and most of all, our family and Congo."

    Guy James plans to appeal Annich's ruling to Superior Court.

    "We will fight with all our love and support from friends and strangers until he is back with us," he said.

    • Gold Top Dog

    I did email the judge.  If others email him BE RESPECTFUL.  Nothing will turn a judge off faster than disrespect.  Even tho he's wrong and an idiot BE RESPECTFUL.

    this is crazy -- I think the dog showed admirable restraint because the dog's mate and four pups were ALSO being beaten with rakes, etc.

     I respectfully asked the judge to think about it ... not just while sitting at his desk, but to ponder how vulnerable HE *and his family* is the next time he strips down to get in the shower.  How fast could HE get control of something.

    I'm sure a large share of this is over outrage because the landscapers have claimed they didn't know English.  but everything they did was stupid -- they didn't LIKE dogs and were invading the dog's territory, during feeding, with what amounted to weapons and THEN they  committed battery on the wife by grabbing her and forcing her to the ground.

    None of this made sense and frankly I can't believe their attorney didn't counter-sue for the battery on the wife and the entrance onto private property with violent intent. 

    • Gold Top Dog

    i saw this. It is truly scary to know that it's possible for your dog to get in trouble for protecting you. One of the many reasons i love GSDs are the potential for protection. I woudl hope if i were in danger, kaiser would protect me. Maybe not so much now...

    • Gold Top Dog

    I emailed both the Judge and the mayor.  I hope that this will help and I urge everyone to do the same.  This situation is absolutely appalling.  And, I'm sorry, but the gardener got exactly what he asked for.  HE should be the one in jail, not Congo.

    • Gold Top Dog

    glenmar
    .  This situation is absolutely appalling.  And, I'm sorry, but the gardener got exactly what he asked for.  HE should be the one in jail, not Congo.

     

    What is also sad is the landscaper now has 250,000 dollars to reward him for being an idiot. It disgusts me that we keep awarding idiots in this manner.

     

     

    • Gold Top Dog

    This country is crazy about law suits....anything goes......I am going to e-mail and make my opinion known.

    • Gold Top Dog

    See, I've just been going about it the wrong way.  I've been WORKING for a living.

    • Gold Top Dog

    glenmar

    See, I've just been going about it the wrong way.  I've been WORKING for a living.

    What is your plan? Getting bitten, slipping, or burning your crotch due to hot coffee?....LOL

    • Gold Top Dog

    Hmmmmm.  Will have to give THAT one some thought!  Will have to go the least painful and disfiguring way....I already have a whole crop of dog related scars.......

    • Silver

    I don't get the whole grabbing the wife and dragging her to the ground thing.  Who does that? 

    • Gold Top Dog

    JMack
    I don't get the whole grabbing the wife and dragging her to the ground thing.  Who does that?

    From what I understand the guy was afraid of the dog and grabbed the wife trying to hide behind her and I guess she fell.

    • Gold Top Dog

    The one and only time any one of my SIX german shepherds has bitten was when a drunk kept coming after Sheba and I both warned him off.  He staggered into me and knocked me down.  She took a little nip at his thigh, tore his pants, but not his skin. But, did give him one heck of a bruise.  The cops and AC blamed the drunk.  Congo did NOT act without provocation and he didn't do a danged thing that ANY dog would have done.

    • Gold Top Dog

     

    I agree. I think my Gunnar would have bitten under these circumstances and he is the type who will let you come in and will even let you take everything as long as you tell him he's a good boy. But he does not like rough housing and gets concerned so I am sure if a stranger grabbed me he could at least expect a nip from even old Gunnar, and he better hope Hektor isn't around when he grabs me.

     

     We might get lucky and get a reprieve for Congo, I think the final word from the judge is due Tuesday and there is a big rally and this is cross posted on many boards. The sad thing is the idiot landscaper still walks away with 1/4 million dollars.

    • Gold Top Dog

    I'm writing anyone I can. BUT I just wrote over another incident where a dog is being held becuause a judge said he was vicious, my answer from the city was that every day judges make unpopular decisions.   Like...you might not like it...so lump it. It upset me. But I will try again with this case.   The big thing to me is that the guy was warned to not get out of the car....and he did. He is wrong and he is stupid. That alone should save the dog.

    • Gold Top Dog

    dyan

    The big thing to me is that the guy was warned to not get out of the car....and he did. He is wrong and he is stupid. That alone should save the dog.

     

     Legally, you can be held responsible if someone trespasses and your dog bites.

    That aspect alone would not suffice.

    But the guys hit the dogs, then grabbed the wife (who screamed). The dog defended his family from an ATTACK. That judge needs a reality check.