Vicious pit bull runs free
Toolbox
By PATRICIA MINICHIELLO Staff Writer - Published: July 9, 2009
RUTLAND — A seven-day window has vanished, police said, and with it, the opportunity to seize a pit bull that attacked a 64-year-old man, gnawing on his knees, shoulder and elbow in front of Hannaford supermarket two weeks ago.
Rutland Town Police Chief and First Constable John Sly said the town had seven days from the animal control complaint to act, and now that window has passed.
"Legal sanctions can be taken to bar the animal or relocate the animal outside of the community where it offended and/or cause the destruction of the animal," Sly said. "Under state statute, Title 20, we have a seven-day time window."
Sly said, "Specifically the victim has not penned a formal complaint to the Select Board," but the clock started ticking when the attack was brought to the attention of law enforcement officers, who then brought it to the Select Board.
The attack happened around 3 p.m. June 25.
Curtis Stewart, 64, walked from PETCO toward Hannaford with his 25-pound sheep dog, Jeannie, by his side. Stewart was knocked to the ground by the pit bull and was bitten in four places, his "blood flying everywhere," according to the Rutland County Sheriff Department's report.
Stewart wrapped his arms around Jeannie, protecting her, as the pit bull latched onto his elbow. Stewart slammed the dog into a cement pillar with his elbow as a bystander rammed the pit bull's body with a shopping cart. The attack lasted a minute. When it was over, Stewart was taken to the hospital where he received 13 stitches.
The pit bull and his owner were free to leave the scene.
The decision to release the pit bull at the scene was made by Deputy David Fox of the Rutland County Sheriff's Department. Fox has not returned repeated phone calls. But Sheriff Stephen Benard of the department said Richard Holman and his pit bull, Bugsy, were free to go because Bugsy had an up-to-date rabies vaccination.
Holman is described in the sheriff's report as "homeless" and "hiking the Long Trail." Holman gave officers a cell-phone number he said he barely uses because he doesn't have any minutes left.
Since the attack Stewart has undergone 10 rabies shots and has two more left. He is getting the shots to be on the safe side, paying for the treatment with his own insurance.
"I have good insurance," Stewart said Wednesday evening, adding, "I haven't the slightest idea of what this is going to cost." He said he paid about $400 in veterinary bills for his dog Jeannie.
Overall Stewart said, "I am feeling great. The stitches came out Friday. I'm sure there will be scarring, it's not the sort of thing that will bother me."
As for state statute, Stewart said, "I am aware of the seven-day timeline, but I can individually file a civil suit without regard to the seven-day process," he said, adding, "I'm not a punitive kind of person.
"What I'd like to see come out of this is protecting the victim and public in a situation like this. Something needs to change, at the time of the crime," he said.
"I'm going to be fine and Jeannie's great. My concern is not a financial concern; my concern is doing something to adequately change the laws in Vermont."
Rutland Town no longer has a contract with the sheriff's department to handle animal control calls. The decision was made two days prior to the attack when the board voted to save taxpayers $9,000 a year starting July 1, by asking the Rutland Town Police Department to handle all animal control calls.
Stanley Rhodes III, chairman of the Select Board, said if the attack happened on July 1 or thereafter, the situation would have been handled differently.
"The dog would have been impounded right from the get-go. Public safety is number one," Rhodes said.
Sly said one difference is he would have notified the town's Select Board immediately, but beyond that, he was not as adamant as Rhodes.
"Is there something that we would have done differently? There is that possibility," he said, adding, "By no means am I saying anyone was neglect in their duties."
If Holman and his pit bull Bugsy are spotted in Rutland Town, Sly said, he would like to be notified. Anyone with information is asked to call town hall at 773-2528 or state police after hours at 773-9109.
patricia.minichiello@rutlandherald.com
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