SAN ANTONIO — An elderly retiree's canine companion, who was ordered Wednesday to be euthanized for a bite case involving a 9-year-old girl, has been granted a reprieve until Christmas Eve.
At the end of an emotional, four-hour hearing Wednesday, Municipal Court Judge Daniel Guerrero ruled that Buddy, a 6-year-old golden retriever mix who attacked the girl the afternoon of Nov. 1, should be destroyed in accordance with state law.
But attorney Michelle Maloney, who represents the dog owner, successfully obtained a temporary restraining order in state District Court immediately after the judge's ruling. Maloney said she will file an appeal by next week.
In the meantime, a hearing has been set for Dec. 24 to determine whether the restraining order can continue during the appeals process.
“This is critically important,” Maloney said. “If Buddy is killed, it would mute an appeal.”
At Wednesday's hearing, Buddy's 83-year-old owner, Homer Mojica, testified that the dog was on a leash during his daily afternoon walk at their apartment complex. The dog attacked the girl, who was walking with her mother, only after the child screamed in the dog's face, Mojica testified. A couple at the apartment complex signed an affidavit saying the same thing.
But the girl's mother said the attack was unprovoked. She also described the attack as a bite, while Mojica said he believed that the girl's injuries were produced by scratches.
The girl suffered a gash on her right cheek; a cut on the right side of her lower lip, requiring stitches; and an injury to the lower right eyelid. The girl, who was present at the courtroom with her parents, appears to have made a full recovery.
Owners and neighbors have said Buddy is a friendly dog with no history of aggression.
Animal Care Services spokeswoman Lisa Norwood said the agency pursued the case as it would any case in which an animal has inflicted a serious injury.
“We have a mission to protect both people and animals, and that's a mission we do take seriously,” she said. “If given a directive by the court to handle a case differently, we will do so. We operate within the structure of the law, always bearing that in mind.”
Norwood said the key in pursing a seriously body injury case is whether the injury meets the definition determined by state law.
“It's important to note that there's no winner here,” she said. “We certainly feel for the victim, the victim's family, the dog and the dog's owner.”
Buddy is being held at a kennel in ACS care. Maloney said Buddy was held for 10 days under quarantine, to ensure he didn't have rabies, and has remained there since ACS pursued the injury case.
Last year, Maloney successfully appealed for the removal of a dangerous dog designation from Marley, a Labrador alleged to have bitten a young girl but who was determined to have been protecting the girl from an attack by another dog.
Maloney said a court of appeals overturned an appeal and that Marley was returned without restrictions.
“We can only hope the same for Buddy,” she said.
vtdavis@express-news.net
ggarcia@express-news.net
www.mysanantonio.com/news/local/article/Buddy-the-dog-wins-a-reprieve-5057015.php
At the end of an emotional, four-hour hearing Wednesday, Municipal Court Judge Daniel Guerrero ruled that Buddy, a 6-year-old golden retriever mix who attacked the girl the afternoon of Nov. 1, should be destroyed in accordance with state law.
But attorney Michelle Maloney, who represents the dog owner, successfully obtained a temporary restraining order in state District Court immediately after the judge's ruling. Maloney said she will file an appeal by next week.
In the meantime, a hearing has been set for Dec. 24 to determine whether the restraining order can continue during the appeals process.
“This is critically important,” Maloney said. “If Buddy is killed, it would mute an appeal.”
At Wednesday's hearing, Buddy's 83-year-old owner, Homer Mojica, testified that the dog was on a leash during his daily afternoon walk at their apartment complex. The dog attacked the girl, who was walking with her mother, only after the child screamed in the dog's face, Mojica testified. A couple at the apartment complex signed an affidavit saying the same thing.
But the girl's mother said the attack was unprovoked. She also described the attack as a bite, while Mojica said he believed that the girl's injuries were produced by scratches.
The girl suffered a gash on her right cheek; a cut on the right side of her lower lip, requiring stitches; and an injury to the lower right eyelid. The girl, who was present at the courtroom with her parents, appears to have made a full recovery.
Owners and neighbors have said Buddy is a friendly dog with no history of aggression.
Animal Care Services spokeswoman Lisa Norwood said the agency pursued the case as it would any case in which an animal has inflicted a serious injury.
“We have a mission to protect both people and animals, and that's a mission we do take seriously,” she said. “If given a directive by the court to handle a case differently, we will do so. We operate within the structure of the law, always bearing that in mind.”
Norwood said the key in pursing a seriously body injury case is whether the injury meets the definition determined by state law.
“It's important to note that there's no winner here,” she said. “We certainly feel for the victim, the victim's family, the dog and the dog's owner.”
Buddy is being held at a kennel in ACS care. Maloney said Buddy was held for 10 days under quarantine, to ensure he didn't have rabies, and has remained there since ACS pursued the injury case.
Last year, Maloney successfully appealed for the removal of a dangerous dog designation from Marley, a Labrador alleged to have bitten a young girl but who was determined to have been protecting the girl from an attack by another dog.
Maloney said a court of appeals overturned an appeal and that Marley was returned without restrictions.
“We can only hope the same for Buddy,” she said.
vtdavis@express-news.net
ggarcia@express-news.net
www.mysanantonio.com/news/local/article/Buddy-the-dog-wins-a-reprieve-5057015.php
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