Neighbor With A Pit Bull... update

[Route 66]

Well, I posted about my neighbor awhile back who had a pitbull. Just to recap-when he moved in, his pitbull ran towards the 3 ft chainlink fence that separates our property and snapped and snarled. I asked the neighbor what he was going to do to keep the pit from coming over the fence and he told me to "not worry about it". The neighbor's dad came over and found out early on that I had a problem with his pit and then proceeded to tell me that it was friendly. I then told him "Oh really, do you want to let him out in the backyard now and I'll go walk around my yard and then tell me that?" He declined. I then proceeded to tell him what I thought about his remark and the relationship has been strained ever since.

After approximately less than a year later, I wrote him a letter and gave it to him. It stated that I was tired of bringing my son in from playing in his own backyard when they let the dog out and that I built a smaller fence closer to the house for my smaller dogs so that they would not give the pit an urgency to get over the fence. I told him that I would take him to court over the issue that I cannot peacefully go into my own property without any confidence that his dog is retained properly. I also stated that I would have almost a zero chance of anything going my way since his dog hasn't come over the fence yet and attacked me or anyone in my family. I relayed to him that at least if it went to court, there would be some documentation about this event in case it really did happen. I also wrote the letter to basically warn him on paper that this was an issue that has been ongoing for about a year since he moved in.

Well, the pitbull got out and attacked my daughter in our front yard last Friday. She's ok and was quite lucky to have not had its teeth into her. She had her school bag swung around in time to have it put its teeth into part of her clothing and her school stuff. I heard her scream out and I opened the front door and she raced in. I didn't know what happened until I heard her scream out. I called the police and they came out and as they were on their way, one of the neighbor's "friends" quickly took the dog away and drove off. I told the police what happened and they walked over to the house and talked with the owner. The police came back and told me that the dog my daughter described was very friendly and he petted it. I told him again that the dog that attacked my daughter was briskly taken away before he got there! I also told the officer that the neighbor has three dogs total and the two he saw were other breeds from his friends that stay there and were very friendly dogs.

The officer then told me that when asked, the neighbors told him that those are the only two dogs that had been there! So I called my daughter back out there and she described the pit again and then the officer said "well youre changing your description now because before you said it was brown/white and now youre saying its dark brown/white" WTH? I'm thinking, "Uh, we are victims here and you are acting like this didn't happen."

I usually keep my cool around the police but at that point I walked away about fifteen feet and turned around and said, "I can't believe this, you are not doing your job." He then said, "Sir, get back in your house." So at that point to not give him anything to use against me, I stepped into the threshold of my house and stared back at him as he went to his patrol car and left.

He had some girl cadet with him and smiled at her as he was getting into his car and left. I then got the wife and family into the car and headed to the police station and asked to speak to a supervisor. Luckily the one I saw behind the dispatch glass was the supervisor who gladly came out to hear our story. He apologized for the officer's behavior and took a report down for us and acted like he wanted to do something about this. So here we are. I have a neighbor that not only had his dog get out just like I thought would happen and reluctantly did nothing about it but lied about the event, took the dog away for the night and has never asked and probably never will if my daughter was ok after his pit attacked her. As far as he knows, his dog could have done significant damage to her as he never saw what happened except for the screams I'm sure and the dog just getting out and having to put it back inside.

I need to do something about this and hit hard but not sure what to do. I still do not see how this would do anything in court since there were no breaking of the skin. However, if sound waves are an offense for disturbing the peace, what about disturbing my family's peace with a dog attack and the ability to live a peaceful existence in my house and on my property? If she had gotten mangled, then the court would understand her mental anguish over it. However she is horrified to be outside now. I don't want anything from my neighbor other than fully knowing that this won't be an issue anymore. I am not seeking anything other than that. Something has to be done about this because if it happens again, I am not sure what I will do.

 

[Route 66]

Oh and please excuse the thread title where I separated pitbull into Pit and bull.

 

[Hostile]

That is obviously a dog that needs to be put down. The problem is the owner not the dog, but the dog is the threat.

The Officer is a fool. He should be required by his PD to pet the actual animal that did the attack. I bet he would change his tune.

If something "happens" to that dog, be out of town. Alibi.

I will remove all evidence of this thread should something "happen" to the dog.

 

[Yeagermeister]

Good to hear your daughter is ok first of all and second Hos is correct. It's the owner not the dog. I had a pit and when it was just me and my wife he was a big baby.

 

[BrAinPaiNt]

Video tape the neighbor with the dog. Or take pictures.

Would not be surprised if the neighbor brought the dog back after a few days.

Just video tape the dog and take pictures of it.

What you could also do is hire a detective to see if the neighbor has taken the dog to the vet for it's shots and so on. You could see if they could obtain records through the vet concerning the dog. You could also see if the detective can see if the owner has paid taxes on the dogs (don't know if all states do that). If you get both of those two pieces of evidence...take it back to the supervisor.

Kind of hard to explain how you are paying taxes on 3 dogs and have vet records for 3 dogs if you are claiming to only own 2 dogs. So maybe that would be enough to bring some kind of action because they are lying to the police if that is the case.

You can't let it go to his word against your word as that is all it is if the police have no evidence. You have evidence of vet records, tax records and I would imagine maybe a neighbor or two....you can catch him.
You could gather that info...wait until he brings the dog back (if he does) and video tape and take pictures of it with a TIME STAMP on both. That way you can have the vet/tax records show that he had the dog prior to the pictures in case he tries to say he got the dog afterwards.

Now...if that is too lengthy, pricey or you just don't want to be bothered with it....hopefully the guy learned his lesson and keeps the dog elsewhere and does not bring it back. If that is the case than you got rid of the animal you have trouble with and don't have to worry about it. From what you have said the other dogs do not seem to be a problem.

So if he does not bring it back than all you got is a putz that lied to police officers.

Heck you could go ahead and get the vet/tax evidence through a detective/lawyer and take it too him and say something along the lines of ....don't ever bring that dog back because with this evidence I have you by the short and curleys and again you would have the ultimate desire of not having a dangerous dog next to you.

Trying to get revenge or punish the guy for lying and the attack on your daughter is one thing and I doubt many would have a problem with that, but in the end if the dog is not there that is what you want.

 

[CATCH17]

I dont know what to tell you but good read none the less.

 

[Route 66]

I figured that something like this could be a potential problem so a few months ago, I took videos and pictures. As a matter of fact, I turned in a picture of the pit to the police when I went down there. When the neighbor's dad came over one day to show me how friendly his dog was, I petted it and it seemed like any other dog.

The problem people either try to ignore or simply do not understand is a lot of dogs won't do anything with their owners there because they sense that the company in their presence is no threat since the owner is standing there.

I really thought that they would keep the dog away for weeks or even not bring it back. Then the very next day its in the backyard snapping at me and my kids. Ive gotta do something.

 

[jksmith269]

quick question does the guy own the house? if not contact the owner. if he does own the house pray he misses some payments heck if he does you may contact the finance company if you can find out who that is, they may havea clause in the contract about Pittbulls I know mine does...

another option I'd get a this is going to be mean but a dog from the pound and put in in the back yard when the pitt is out there and hope the pitt jumps the fence when it does shoot it and sue him for hurting your new pet.

edit and sue the police dept for not doing their dang jobs...

 

[Route 66]

The man that owns the house has his son living there who owns the pit.

The police department IMO had some serious negligence issues when they came out to my house and I would like to do something about that. However, there is a fine line between being a whiner and actually getting somewhere with that. If anything, I would like to have the officer who came to my house at least have to deal with this issue further so that he does not think he can act this way in the future towards others and that just having a badge doesn't mean you cannot do your job.

In my situation, he didn't do his job. If he went over there and was told that there was no pit and yet my daughter saw it, I saw it and a passerby witnessed the entire event, why didn't the officer go back and have the neighbor come outside and all of us have a discussion about this? Being told to go into my house for stating he wasn't doing his job was not warranted. I can understand if an officer feels threatened, harrassed or otherwise that they will tell someone to go inside or whatever but I did nothing threatening to him. He also did not feel anything escalate because I made one comment and that was all and that was at 10+ feet away walking away from him.

 

[JohnnyHopkins]

Take him to Civil Court where they do not have to make rulings "beyond a reasonable doubt" and hit him in his wallet. If any of your neighbors would be willing to bear witness, it would be very helpful.

 

[JohnnyHopkins]

One other thing to do is to wait until the dog shows up again and then call your local newsstation and see if they would help. Most newsstations have segments where they try to combat local government wrongdoings. The bad pub would force the hand of the High Level officials that you could not reach otherwise and they would act rather than face embarrassment.

 

[Route 66]

If I can complain about an officer's actions, I wonder what level I take that to.

 

[theebs]

I am with brainpaint.

i would take some pictures. and I would set up a camcorder and record him.

It is an absolute travesty that you children can not play in their yard peacefully.

I had a neighbors dog attack my dog and it was nothing serious, but the owners refused to check if my dog was alright and did not pay the bill. Same type of people...he is friendly, its no big deal yadda yadda yadda.

you should definitely be proactive about it. Document everything and record the dog as much as you can.

I would never put up with this, if my kids couldnt play in their own yard I would be the biggest prick ever till the dog is gone. And I would make sure and document the times the police were there and what they said.

 

[DA FAN]

I would have a privacy fence put in. It may not be cheap, but it would give me some sense of security knowing the dog won't be getting into my back yard and harming my children.

 

[peplaw06]

Where do you live Rowdy?

In Texas, there is a new criminal law for owners of dangerous animals which has recently gotten some pub in my area. If god forbid something did happen, they could be prosecuted...

My point was more to the police actions though. You might take them your evidence and this article.

http://www.reporternews.com/news/2008/oct/09/owner-was-told-pit-bull-had-killed-dog-aunt/?printer=1/

Dog owners get seven years each in mauling death

By Cherry Young
Graham Leader
Thursday, October 9, 2008

GRAHAM — A Young County jury Friday sentenced Jack Smith and Crystal Watson of Stephens County each to seven years in prison in connection with the dog-mauling death of 7-year-old Tanner Monk of Breckenridge.
Each also was fined $5,000.

Smith and Watson were the first people convicted under a new Texas statute known as Lillian’s Law, which provides for a charge of attack by dog resulting in death.

Jack Stiles, the widower of Lillian Stiles for whom the law was named, attended Friday’s sentencing.

“She’d be pleased. She’d be very pleased,” Stiles said of his wife, who was killed by a pack of dogs in 2005 in Thorndale.

Stiles said his daughter, who was unable to make it because of illness, was the force behind getting the law passed.

“We went to the Capitol every day for a year-and-a-half lobbying. She liked to kill me working for this,” he said.

He added he hopes the verdict against Smith and Watson will make people more aware of the law.

“Our goal is that if they want to be a dog owner then they need to be responsible. If you’re a responsible dog owner, you don’t have to worry about Lillian’s Law,” said Stiles.

Roxanna Griffin, Tanner Monk’s mother, said she was pleased with the outcome for the most part, although she thought seven years was not enough for Smith.

“Crystal, if she could have changed things, she would. She showed some compassion,” Griffin said.

John Young, defense attorney for Smith, said he plans to appeal the verdict.

“In final analysis, what this jury sentenced Jack and Crystal to prison for is not having a proper fence,” he said. “It’s a horrible result, but the only thing they’re accused of doing is not having a good fence.”

Stephens County Sheriff Jim Reeves said he hopes the trial’s outcome will serve as a warning to others.

“If people are going to insist on owning these dogs, there’s now not only civil liability but criminal responsibility,” he said.

Reeves added that Stephens County has a case pending for an attack by dog resulting in serious bodily injury that occurred weeks after Monk’s death.

 

[Route 66]

I would have a privacy fence put in. It may not be cheap, but it would give me some sense of security knowing the dog won't be getting into my back yard and harming my children.

It'll cost $6,000 for me to put it in so I won't be able to do that for a little while.

 

[Route 66]

Where do you live Rowdy?

In Texas, there is a new criminal law for owners of dangerous animals which has recently gotten some pub in my area. If god forbid something did happen, they could be prosecuted...

My point was more to the police actions though. You might take them your evidence and this article.

http://www.reporternews.com/news/2008/oct/09/owner-was-told-pit-bull-had-killed-dog-aunt/?printer=1/

One state up-Oklahoma. I appreciate the article. They told me that nothing could be done until she has broken skin. My concern is that if there are laws that protect a citizen from excessive noise levels, you would think there would be something that would protect my daughter from being attacked broken skin or not in our own yard. No one cares about the probability of a pit going over a three foot fence because its not their family.

 

[joseephuss]

Set up a web cam in your back yard. That way you can call up pictures at any time on your computer.

 

[DFWJC]

One state up-Oklahoma. I appreciate the article. They told me that nothing could be done until she has broken skin. My concern is that if there are laws that protect a citizen from excessive noise levels, you would think there would be something that would protect my daughter from being attacked broken skin or not in our own yard. No one cares about the probability of a pit going over a three foot fence because its not their family.

I've seen way too many Pit Bull cases....if they wait for the skin to be broken you really have a chance to lose your child altogther. Anything close to that and I would in jail for taking that SOB owner out. That would do nobody any good.

I know a few guys on this site have had good luck with Pits, but I really don't understand why someone would own one when there a hundred other breeds that don't occasionally kill little kids. Kind of like the people who own giant snakes when they have a baby in the house....uh, but it's a nice snake.
Good grief.

 

[Rampage]

Hey Rowdy, do you know the dogs name?