Shon
09-11-2004, 11:40 PM
MIDDLEBORO - A Wareham District Court judge Friday overturned the town's decision to euthanize a local pitbull that bit the animal control officer, but banished the dog from town.
Zippy the pitbull is expected to be reunited with her owner after being held for more than four months in animal shelters as the case was decided.
Judge H. Gregory Williams in his decision wrote that the facts, including a behavioral evaluation by a veterinarian, "suggest that killing her is not the solution here."
Animal control officer William Wyatt, who was bitten by Zippy in May, was not happy with the decision.
"It's allowing a problem dog to be a problem dog in someone else's community," he said.
"I did what I thought was in the best interest for the town," Wyatt said in asking for the dog to be put down.
"We've done everything in our power, I hope that dog never bites again," he added.
Zippy's odyssey began in May when she escaped a fenced-in vacant car lot at 562 Wareham St. and bit Wyatt.
After selectmen ordered her euthanized, on the advice of Wyatt, her owner Austin Zipp, appealed the decision.
Zipp could not be reached for comment Saturday.
Zippy was the target in two break-ins at the Middleboro pound. The first time, she got away from her would-be captors and turned up on a door step. The second time, she was found chained to a tree in the woods.
After the second theft and several visits to a veterinarian, Wyatt moved Zippy out of town.
On June 18, a clerk-magistrate upheld the selectmen's ruling, and Zipp again appealed, this time for a judge's review.
On Friday, Judge Williams reversed selectmen's decision on the condition Zippy is removed from town, gets obedience training and is always leashed when outside.
After reviewing an Aug. 11 behavioral evaluation of Zippy by a veterinarian affiliated with the Animal Rescue League, court documents say Williams determined, "Wyatt did not provoke Zippy and indeed did not even see or hear Zippy until Zippy bit him in the lower part of his back, leaving two puncture wounds."
Court documents say the behavioral evaluation concedes Zippy bit people on at least three occasions, the incident with Wyatt and twice when she was stolen from the Middleboro pound.
The judge said the biting "seems justified" because in Wyatt's case it was "territorial aggression," and when she was stolen it was "fear-induced aggression."
Court documents said, "If not carefully managed and contained, Zippy will probably bite again."
In his decision, Williams says, "Those facts boil down to a simple incident in which this pitbull-type dog, which bit an animal control officer, would probably bite again unless she was carefully managed and contained."
"The court finds a reasonable alternative to killing Zippy," Williams wrote. "Obedience training, to be enrolled in by Oct. 8." Williams banished Zippy from Middleboro and said she is not to be allowed outside, "even fenced" without being on a leash with her owner or an adult.
Wyatt said Zippy has been with the Animal Rescue League at an undisclosed location since the second time she was stolen from the pound. He said the ARL is ready to turn Zippy over to her owner. However, Wyatt said the ARL might charge Zipp for not licensing the dog or keeping it up-to-date on its vaccinations.
Zippy the pitbull is expected to be reunited with her owner after being held for more than four months in animal shelters as the case was decided.
Judge H. Gregory Williams in his decision wrote that the facts, including a behavioral evaluation by a veterinarian, "suggest that killing her is not the solution here."
Animal control officer William Wyatt, who was bitten by Zippy in May, was not happy with the decision.
"It's allowing a problem dog to be a problem dog in someone else's community," he said.
"I did what I thought was in the best interest for the town," Wyatt said in asking for the dog to be put down.
"We've done everything in our power, I hope that dog never bites again," he added.
Zippy's odyssey began in May when she escaped a fenced-in vacant car lot at 562 Wareham St. and bit Wyatt.
After selectmen ordered her euthanized, on the advice of Wyatt, her owner Austin Zipp, appealed the decision.
Zipp could not be reached for comment Saturday.
Zippy was the target in two break-ins at the Middleboro pound. The first time, she got away from her would-be captors and turned up on a door step. The second time, she was found chained to a tree in the woods.
After the second theft and several visits to a veterinarian, Wyatt moved Zippy out of town.
On June 18, a clerk-magistrate upheld the selectmen's ruling, and Zipp again appealed, this time for a judge's review.
On Friday, Judge Williams reversed selectmen's decision on the condition Zippy is removed from town, gets obedience training and is always leashed when outside.
After reviewing an Aug. 11 behavioral evaluation of Zippy by a veterinarian affiliated with the Animal Rescue League, court documents say Williams determined, "Wyatt did not provoke Zippy and indeed did not even see or hear Zippy until Zippy bit him in the lower part of his back, leaving two puncture wounds."
Court documents say the behavioral evaluation concedes Zippy bit people on at least three occasions, the incident with Wyatt and twice when she was stolen from the Middleboro pound.
The judge said the biting "seems justified" because in Wyatt's case it was "territorial aggression," and when she was stolen it was "fear-induced aggression."
Court documents said, "If not carefully managed and contained, Zippy will probably bite again."
In his decision, Williams says, "Those facts boil down to a simple incident in which this pitbull-type dog, which bit an animal control officer, would probably bite again unless she was carefully managed and contained."
"The court finds a reasonable alternative to killing Zippy," Williams wrote. "Obedience training, to be enrolled in by Oct. 8." Williams banished Zippy from Middleboro and said she is not to be allowed outside, "even fenced" without being on a leash with her owner or an adult.
Wyatt said Zippy has been with the Animal Rescue League at an undisclosed location since the second time she was stolen from the pound. He said the ARL is ready to turn Zippy over to her owner. However, Wyatt said the ARL might charge Zipp for not licensing the dog or keeping it up-to-date on its vaccinations.