Tony Duke believes a district court judge has “failed” both his son and Oxford Township by allowing a “dangerous” canine to continue to live in his neighborhood.
“It was very disappointing,” Duke said of the judge’s decision. “The dog is dangerous. It’s a threat. It needs to be put down.”
Although 52-3 District Court Judge Nancy Tolwin Carniak ruled Aug. 7 that the 100-pound mutt who attacked Duke’s 6-year-old son was “dangerous,” she allowed the canine to remain in the neighborhood under certain conditions.
According to the court order, the dog “must be contained at all times and must not be outside of the home. . .unless it is on a leash.” The order also stated the dog “can be outside without a leash, but only if it is in a tangible (non-invisible or non-electric) fenced-in yard, in a pen or in some other type of completely enclosed structure.”
However, Duke noted that his subdivision, Michelson Lake Estates, prohibits erecting any type of fencing.
Duke’s son, Ethan, was mauled on June 9 while playing in the dog’s backyard on John Paul Ct. with the owners’ daughter.
As a result of the attack, Ethan received four stitches across the bridge of his nose, two internal and three external stitches on his right arm and sustained a puncture wound on his right side.
“Ethan was in considerable pain and discomfort for an extended period and required a codeine-based product to stay comfortable,” Duke wrote to the township in a July 16 e-mail.
Duke said the same dog attacked him in July 2000, biting his wrist.
In response, the township took action under the “Dangerous Animal Assistance Ordinance” it approved on April 24, 2002. This was the first time the ordinance has been enforced since taking effect on May 31, 2002.
The ordinance allows township elected officials or the ordinance enforcement officer to file a sworn complaint with the appropriate court, so a judge can determine if the animal is “dangerous” as defined under state law and if so, what should be done with the creature.
Township attorney Hans Rentrop, who handled the case, said Judge Carniak “found the dog to be dangerous.” She also determined that the victim was not trespassing on the dog’s property nor did Ethan provoke the animal.
State law allows the judge to “order the destruction of the animal,” “if the animal is found to be a dangerous animal that caused serious injury or death to a person or a dog” or “if the court finds that the animal is a dangerous animal that did not cause serious injury or death to a person, but is likely in the future to cause serious injury or death to a person.”
The law also allows the judge to “take any other action appropriate to protect the public” if “an animal is a dangerous animal but has not caused serious injury or death to a person.
Rentrop said the judge chose the latter course of action based on her discretion to rule within the confines of the law.
This reporter attempted to contact Carniak on Monday to ask her why she ruled the way she did, but was told by her clerk that she was not available and it’s her “policy not to comment on cases she’s ruled on.”
When asked how he would classify the victim’s injuries, Rentrop replied, “In my opinion, they were pretty serious.”
Duke said, in his opinion, Carniak “didn’t follow state law” because the injuries sustained by his son were “very serious” and merited the dog’s destruction.
“Of all the options, the judge went with the lightest sentence possible,” he said.
Duke said Carniak “ignored” the whole reason the township passed its ordinance, which was to “protect the public” from dangerous dogs.
“It’s a disappointment for myself and the community at-large,” he said. “When that dog’s out, my son’s afraid to play in our yard. Other kids in the neighborhood are afraid of the dog. When a kid’s attacked, it’s important to remove the dog from the kid’s life.”
Duke was pleased with the township’s response to the situation. “They were all very helpful,” he said.
If evidence – such as video tape or witness testimony – is ever provided that the dog’s owners have violated the court order, the animal could face euthanization.