Zeus, Dangerous dog designation, and our rights as citizens

The following is a discussion posted on Arlington Dogs, an organization created to advocate for dogs and their owners in Arlington County. The update, not included here, is that Zeus, a dog who is well socialized and a successful attendee of dog parks, properly protected his home and family when someone burst through his door, and was STILL adjudicated as a "dangerous dog". I expect the county and the authorities to protect me from dangerous dogs, but I would never expect the same consideration when bursting through a stranger's door. But then, I don't wear a uniform or carry a gun.

Jeanne




Owner sells car to save dog



But will it be enough to fight police overstepping bounds and shelter not protecting those they are supposed to help?



Dante Nizama-Maldonado, a 24-year-old student at Marymount University , is fighting to save his dog, Zeus, from destruction by Arlington County . On May 29, 2009 , 2 police officers and a K-9 dog knocked on his door looking for a previous resident. Dante’s little sister, Katherine, just 13 years old, opened the door thinking it was her brother. Zeus went through her legs and bit the officer standing on the porch. The police officer yelled at her to get the dog back or he would taser the dog. She pulled Zeus back into the house. A second dog, Jerry Lee, remained asleep upstairs. Fortunately, her parents pulled into the driveway and spoke to the officers.



Later that same night, animal control officers came and seized Zeus. Animal Welfare League of Arlington (AWLA) has held Zeus since that night. Signs are posted at the shelter to not allow Zeus’ family to visit the dog. AWLA is claiming that Zeus is vicious, a claim strongly disputed by members of the Douglas Dog park, located at 2060 Walter Reed in Arlington , Virginia . Dante and his two dogs, Zeus and Jerry Lee, are regulars at the park.



Virginia Animal Code 3.2-6540 C allows for dogs to protect their home and their owners:

….No animal that, at the time of the acts complained of, was responding to pain or injury, or was protecting itself, its kennel, its offspring, a person, or its owner's or custodian's property, shall be found to be a dangerous or a vicious dog.



Zeus was protecting Katherine and his home.



When AWLA staff, including the Director of the shelter, Kay Speerstra, were questioned by members of the Douglas Dog Park community, AWLS wanted to know why a citizen would be interested in that dog. AWLA referred all inquiries to the police department. But, according to the Virginia Animal Code, police officers do not direct code 3.2-6540 –

Control of dangerous or vicious dogs; penalties. Animal Control Officers determine the confinement which can be at the shelter OR with the owner/custodian.



Calls to the Chief of Police and Detective Chris Dengelis, the officer named by AWLA for questions about Zeus, were returned July 6th by Lt. Pat Donahugh, a member of Internal Affairs. He said that the incident was under investigation.



When Dante and Zeus were bitten at the park a few months ago, they went to AWLA for help. The staff cleaned out his and his dog’s wounds with alcohol. The AWLA staff said that the dogs who bit him would be quarantined for 10 days, so Dante is familiar with how a dog bite case should be treated.



The Commonwealth Attorney, Jennifer Clark’s office, responded to inquiries stating that their office is not directing what is happening to the dog. Ms. Stamos, a member of the office, went on to say that the Commonwealth Attorney’s office expected AWLA to be compliant with the code. Her office will determine the facts on Wednesday, July 8th.



The case is scheduled in Arlington General District Court for 10am July 8, 2009 , Civil Division. The case number is GV09004192-00, the name-- Commonwealth of Virginia vs. Dante Andrs Nizama-Maldonado. The case was filed 6/12/09 . Some of the Douglas Dog Park community members will be paying for a transcript.



Dante’s attorney is Conrad Gaarder. His office is at 2009 N. 14th Street, Arlington , Va. Phone (703) 522-4122.



Dante calls the Arlington animal shelter daily to see how Zeus is doing. Douglas Dog Park fellow dog owners have called the Arlington County Board and to AWLA to no avail. AWLA is no longer responding to requests for status.



The facts:

Virginia Code allows a dog to protect his home and his owner
Zeus was in his house and on his porch, not in the street or sidewalk.
AWLA must evaluate Zeus independently
Keeping a young dog from his family and exercise is detrimental to his behavior, especially for an extended period of time


The shelter is not releasing to his distraught family, contrary to regulations allowing release. The shelter is not controlling the seizure of Zeus, but claiming the police is in charge, also contrary to regulations. The shelter is charging $45 per day to keep Zeus locked up, against the wishes of his family both verbally and in writing.



Also from Virginia Code 3.2-6540.A. …

…No dog that has bitten, attacked, or inflicted injury on a person shall be found to be a dangerous dog if the court determines, based on the totality of the evidence before it, that the dog is not dangerous or a threat to the community.