Dog attacks force tough decisions

The leashed German Shepherd was lying peacefully on the ground as his owner chatted with an acquaintance in front of Starbucks, said an eyewitness, when an elderly pedestrian passed closely behind the owner, briefly brushing against him as she made her way into the cross walk at Main and Estudillo Streets.

The woman was carrying a KQED tote bag, and the handle was around her wrist, described the eyewitness. Suddenly the dog sprang up and chomped down on the bag, pulling the 72-year-old woman down on the ground in the middle of the crosswalk.

Bystanders called police and paramedics, and the woman was transported to the County hospital with a broken and punctured wrist. The dog was carted away by Contra Costa Animal Control, where it remains in quarantine, to rule out rabies, until its fate is decided by a public hearing.

The Jan. 27 incident was the second dog vs. human attack in Martinez last week, and counts towards the roughly 1000 dog bite cases handled by the County’s Animal Control department each year, said Deputy Director Dan Barrett.

Barrett said that in the case of the German Shepherd, the owner was completely sympathetic and compliant with officers, but definitely wants his dog back.

In the second recent dog bite case, however, the owners decided to relinquish ownership of the dog in face of possible criminal liability. That dog, a pit bull, was kept at Animal Control headquarters on Imhoff Place for rabies quarantine, but was euthanized on Wednesday.

“It’s a very emotional thing, a difficult decision for anyone, but given this incident, to retain ownership of the dog would incur a lot of liability, possibly criminal liability,” said Barrett. “Owners really need to evaluate current and future liability.”

That attack occurred on Jan. 23 on the 500 block of Vine Hill Way. Animal Control got a call from the Martinez Police Department with a dog bite report, and after some searching, located the responsible dog and victim, who was treated at John Muir hospital with multiple punctures on the man’s calf and forearm, requiring 12 stitches.

Barrett clarified that the dog was leashed and on its own property until as the man was walking pass on the sidewalk, the dog broke free from its leash and charged.

Under provisions in the county and state penal codes, if the pet owner knows a dog is a threat to others, but doesn’t take protective and preventative actions, the owner can be charged with a criminal violation.

Animal Control Lt. Joe DeCosta explained that this increase in the level of culpability on the part of the pet owner came about after the brutal death of San Francisco resident Diane Whipple in 2001. Whipple died after being attacked by two Presa Canario breed dogs owned by her neighbor. The dog owners in that case were convicted of second degree murder and sentenced to prison, and fined $1.5 million in civil damages.

If the German Shepherd involved in last week’s attack is deemed a “potentially dangerous” animal at the upcoming public hearing, its owner will be subject to several stringent restrictions and mandates. He will be required to take out an $100,000 liability insurance policy, the dog must be muzzled at all times in public, must be kept in a highly secure, confined location, and other requirements.

“There are pages of restrictions,” said DeCosta, adding that dog v. human attacks are a ‘pretty significant’ issue in the county.