Dog Bite Case in Judge's Hands

Lisa O'Connor, of 19 Knowlton Ave. took the stand at Westborough District Court yesterday in the hopes of saving the life of her dog, Dugg, who attacked another dog in September.

O'Connor testified that she was home on Sept. 29, 2010, when Dugg got out of her yard and attacked a small, black poodle that was walking by the house.

"When I followed Dugg, I saw a small, black dog on its back and the dog was biting Dugg," O'Connor said. "The black dog bit off the top of my finger and Mrs. Moran (the black dog's owner) said she'd sue me and, 'your dog will be dead by nightfall.'"

When cross-examined by Town Attorney Philip Leader, O'Connor said she rarely used the dead bolt that was part of the latch for the gate where Dugg had gotten through.

"We've used it since the incident and wrapped the latch with rope," O'Connor said. "But we only used the dead bolt when we were away."

O'Connor also testified that she used the commands, "Drop it," and "Release," on during the attack, but Dugg did not respond. She said she had successfully used those commands when Dugg played with a soccer ball in their yard, and he would release it when commanded, but not immediately.

O'Connor also testified that a previous dog they owned, Steve, scratched the arm of a postman prior to 2005. Since then, the O'Connors installed a fence around their property.

Kathy Scibelli, who also lives on Knowlton Avenue, and said she witnessed Steve attack other dogs in the neighborhood five years ago.

Shrewsbury Animal Control Officer Leona Pease also testified that she made recommendations to make the O'Connors property safer, but couldn't guarantee how the selectmen would rule on the fate of Dugg.

During closing arguments, Defense Attorney Stephen Wise said the town never received a complaint in writing to make a case for the nuisance abatement statute.

"There is also a misunderstanding of the statute when it comes to 'vicious disposition as well,'" Wise said. "Dugg can't be considered vicious from one 2-minute act—this is a single bad act in the life of Dugg."

Wise said the court should dismiss the charges because this isn't a nuisance and Dugg has a "lovely" disposition.

Leader, on the other hand, said anyone in town can make a complaint, including the animal control officer.

"Even in the presence of the owner, the dog disobeyed," Leader said. "The dog didn't obey at a critical time."

When another neighbor hit the dog in the head with a wrench, the dog did not release. And when another neighbor used hedge clippers to pry open the dog's mouth, Dugg released the other dog.

"How many times do you have to rob a bank before you call it a bank robbery?" asked Leader. "Once is enough and no one can say it won't happen again."

The judge said he would take the matter under advisement and make a decision.