News Flash: Jack Russell Terrier Attacks German Shepard

[thescirocco.com]

A few weeks ago, my dog was attacked by an un-leashed Jack Russell Terrier, with an expired Rabies vaccination, while he was golng "number 1" on their neighbor's mailbox.

Here's me and Hund, exactly where this went down, the house in the background is where their mini van was, A 115 FEET run!!!



While the JRT was running the ~115 feet @ ~25MPH, the owner apologized 6 or 7 times.
I didn't think much about it... ...A Jack Russell going up against my German Shepard.

I measured the distance today and my estimate was way off, it wasn't 60 feet, it's actually 115 feet.

I expected the JRT to stop 4-6 feet, like most non-aggreassive dogs will do, wagging the tail, and sometimes pouncing on the ground, to see if my dog wanted to play.

Instead, the JRT ran right up, and grabbed my dog by the neck. Within a second, my dog had the JRT on it's back. I didn't want the little dog to get hurt, so as soon as I realized what was going on, I gave my dog the release command, and Hund instantly released the dog.

When they got their dog back, the apologies finally ended, and then they started yelling at me:
"we've had a death in the family, and now this..."

To which I replied; maybe you should have leash on your dog...

At this point, I was going to secure my dog, and have a look at the wound. I'vw had dogs for over 30 years, and I was willing to help them with first aid.

This is when the son started cursing at me, and saying how he's going to f**k me up, and the whole time he was cradling the dog.

This is when I walked home... My mom was on a one week visit, and she could tell how upset I was.
My dog was fine, but I was upset, that there was a dog fight, regardless of if my dog was hurt or not... I'm doing my best, to keep my dog from becoming aggresive.

Now I'm getting sued for $2002 plus court costs...

My dog has a current rabies vaccination, he was on a leash, and he immedietly released the dog when I told him to.


I'm proud of my dog, he did everything right, when he could of easily killed that dog.



Any suggestions on how I should proceed?

[pdoel]

Not much you can do other than fight it. Get a lawyer. Would help if you had any witnesses. You were definitely in the right, but if there's a family saying it's your fault, and just you stating your case, it's going to look a bit more in their favor.

[thescirocco.com]

Yeah, that's what concerns me...

I'm hoping to be able to prove, that they are perjuring themselves.

I doubt, that the vet will lie under oath, but anything is possible.

Thanks!

[thescirocco.com]

I caught another ticket on my ZX, and after the plea bargain, I asked the judge, if I could ask some questions about this case. Both the judge and the State Trooper were very helpful, we talked about it fo almost half an hour.

I'm thinking of volunteering for a lie detector case, and I strongly doubt, that they would be willing.

[CO Boy]

I would also try to find a behaviorist that may be able to help you plead your case. If my Wire Fox Terrier went after a shepherd and got "put down" I wouldn't be pissed at the owner of the other dog, but then again I work in the business so I understand dog behavior.

[STOICH]

Good luck - you're just going to have to fight it and go through the motions. Doesn't sound like they will have much of a case if I'm reading this correctly.

Did you make a report of the incident with animal control? This really sounds like an open/shut case, just that it's a smaller dog attacking a larger one.

If no incident was reported, it's really your word against theirs unless you can produce pictures of marks left on your dog.

[SteveMKIIDub]

I don't know why people don't understand the concept of leashing their dog.

[FlashRedGLS1.8T]

I don't know why people don't understand the concept of leashing their dog.

[HandyBanana]

do your best to try and get their dog on video, off leash.

heck, i would even take your leashed dog for more walks with your camera phone ready. the JRT owners probably haven't learned their lesson.

[cwescapexlt4x4]

That is really too bad and now your GSD possibly gets labeled as aggressive (not so) and possibly gets more legal action and possible homeowner insurance issues too.

Folks, if you have your dog out, LEASH THEM! If you know your dog is not other dog friendly (I have one that only gets along with our other GSD) use control and discretion. I know one of mine isn't and I am aware of unleashed dogs and work to keep her focused as it would be over almost as soon as it's starts.

Good luck with your case and hope this ends well and there aren't more issues with the JRT owners.

[crannky]

Sorry to hear that. I don't understand the, "I don't have to leash my dog because he's small/sweet/can't hurt other dogs/kids/his name is Paco or Twinkie or some ****."

[pdoel]

Sorry to hear that. I don't understand the, "I don't have to leash my dog because he's small/sweet/can't hurt other dogs/kids/his name is Paco or Twinkie or some ****."

Well, that doesn't just go for small dogs. I see more larger dogs at the park who aren't leashed by their owners. A few months back I saw an older woman walking her golden lab off leash, as they past two girls with a small terrier, the lab attacked the terrier (with absolutely no provoking on the terrier's part). The woman never apologized, just grabbed her dog's collar, STILL didn't leash it, and kept telling her friend how her dog has never done that before.

Dogs are unpredictable, which is why parks have leash laws. I wanted to smack her upside her head.

[thescirocco.com]

I didn't report it, since my dog wasn't really physically hurt, not bleeding, or anything.

Animal control came to me, about a week after the incident, to get my side of the story.

I was served court papers a few weeks ago, and I asked for Court with particulars, that's where they have to provide whatever proof; they can furnish, the vet bill, and pictures, which they forgot to include.

It's going to court, and I'll know the date soon.

Once I get the date, there's a lady with a small white dog, who ran up on my dog, in the middle of the street about 10 days before this happened. They were nose to nose, just sniffing each other out, as the lady came out apologizing, I replied "no problem".
Similar situation, except her dog was not an aggressive dog.

My dog is really skittish now after this incident, around loud noises, and small dogs. I have a lot of work ahead of me.

People should really do some research before getting a dog, especially if it's your first dog.

HOME > TITLE 7

§ 1701§ 1702§ 1703§ 1704§ 1705§ 1706§ 1707§ 1708§§ 1709-1729§§ 1730-1740

TITLE 7

Conservation

Game, Wildlife and Dogs

CHAPTER 17. DOGS

§ 1701. Field trials; permit.

Field trials with dogs may not be held in this State without first securing a permit from the Department. The Department may grant permits to bona fide field trial clubs or associations to hold field trials in this State under such rules and regulations adopted by the Department, safeguarding the interests of the game of this State. Dogs brought into the State to participate in such field trials and which are removed from the State within 10 days, are exempt from the state dog license tax.

Code 1915, § 2406L; 34 Del. Laws, c. 185, § 1; Code 1935, § 2876; 7 Del. C. 1953, § 1711; 57 Del. Laws, c. 739, § 81; 77 Del. Laws, c. 428, §§ 1, 2.;

§ 1702. Dogs on state coastal beaches.

Whoever, being the owner, possessor, harborer or custodian of any dog, allows such dog to be upon the designated swimming or sunbathing area of a state coastal beach strand at anytime between May 1 and September 30, inclusive, of any year, except when such dog is on said property on behalf of a law enforcement agency or a blind person, as defined in § 2101 of Title 31, is guilty of a violation and shall be fined not less than $25 nor more than $50. For each subsequent offense, the person shall be fined not less than $50 nor more than $100. "Coastal beach strand" shall mean all that coastal real property between the western base of the dunes and the low water mark except those lands within a municipality which has enacted an ordinance governing the activities of dogs on said real property.

64 Del. Laws, c. 283, § 1; 71 Del. Laws, c. 135, § 11; 74 Del. Laws, c. 253; 77 Del. Laws, c. 428, §§ 1, 2.;

§ 1703. License for special dog training area; requirements.

Upon application of any club or organization having 20 or more members who are citizens of this State, or upon application of 20 or more citizens of this State, and the payment of an annual registration fee of $10, the Department may issue a license authorizing the establishment and maintenance by such club, organization of citizens, on land owned by them, or over which they have legal control, of a special dog training area wherein and whereon dogs may be trained at any time during the year. No such dog training area shall be less than 100 acres, nor more than 250 acres.

Code 1935, § 2869A; 48 Del. Laws, c. 131, § 1; 7 Del. C. 1953, § 1721; 55 Del. Laws, c. 329; 57 Del. Laws, c. 739, § 82; 71 Del. Laws, c. 135, § 13; 77 Del. Laws, c. 428, §§ 1, 2.;

§ 1704. Stocking area; training therein; hunting and trapping.

The licensees shall, from time to time, during each year stock each such area with 25 pieces of game per 100 acres at their own expense, under supervision of the Department, unless the Department determines that the area is already adequately stocked. The licensees may at any time during the year train their own dogs or the dogs of other persons on such area or permit others so to do under such conditions as are mutually agreed upon. Neither the licensees nor any other person shall, at any time, hunt or trap within the confines of such area, except that the licensees or any person authorized by them may hunt or trap vermin and predators for the purpose of exterminating vermin and predators on such area.

Code 1935, § 2869A; 48 Del. Laws, c. 131, § 1; 7 Del. C. 1953, § 1722; 57 Del. Laws, c. 739, § 83; 77 Del. Laws, c. 428, §§ 1, 2.;

§ 1705. Marking of boundary lines; posting of notice; penalty.

(a) The boundary lines of the special dog training area shall be plainly and conspicuously posted prior to September 1 of each year with legible notices, at least 10 inches by 12 inches in size, placed not more than 100 yards apart which shall bear the following warning:

SPECIAL DOG TRAINING AREA

HUNTING UNLAWFUL

THIS LAND IS SET ASIDE UNDER SPECIAL LICENSE FOR THE TRAINING OF DOGS.

ENTERING HEREON FOR THE PURPOSE OF HUNTING OR DISTURBING GAME OR PERMITTING

DOGS TO ENTER WITHOUT AUTHORIZATION IS PUNISHABLE BY PENALTY OF TWENTY-FIVE

DOLLARS ($25.00) FOR EACH OFFENSE.

............

(Name and address of licensee to be printed here)

(b) Whoever violates any of the provisions of any such notice and warning is guilty of a violation and shall be fined $25 for each offense, together with the costs of prosecution.

Code 1935, § 2869A; 48 Del. Laws, c. 131, § 1; 7 Del. C. 1953, § 1723; 71 Del. Laws, c. 135, § 14; 77 Del. Laws, c. 428, §§ 1, 2.;

§ 1706. Injuring or destroying fence, wire or poster; penalty.

No person shall wilfully, negligently or maliciously cut, remove, cover up, deface or otherwise mutilate, injure or destroy any special dog training area boundary fence, wire or poster placed in accordance with this subchapter.

Whoever violates this section is guilty of a violation and shall be fined $10 for each offense, together with costs of prosecution.

Code 1935, § 2869A; 48 Del. Laws, c. 131, § 1; 7 Del. C. 1953, § 1724; 71 Del. Laws, c. 135, § 15; 77 Del. Laws, c. 428, §§ 1, 2.;

§ 1707. Training of dogs; unlawful to carry firearm; penalty.

(a) The owner or custodian of any bird, rabbit, raccoon or fox dog, may train and break the same, at any time of the year, daylight or night, except during the months of March, April, May, June, July and August. If while training or breaking dogs, the owner or custodian thereof exercises reasonable precaution to keep such dogs in control, and if any such dog, during such training, wanders off and out of control of the owner or custodian without the owner's or custodian's fault, such dog shall not be deemed to be running at large within the meaning of this section. If any dog kills any game protected by the laws of this State, during the closed season while so training, the owner or custodian shall be fined not less than $2.00 nor more than $5.00 for each offense.

(b) No person shall carry a firearm while training a dog in closed game season.

(c) The Department may issue an annual permit to the owner or custodian of any retriever dog authorizing the training of such dog or dogs at any time of the year provided such owner or custodian is a trainer of retriever dogs, and provided no game is to be used in the training. Any person to whom such a permit shall issue may possess artificially reared game and may hunt such game with a shotgun; but such game must be hand-liberated during dog training.

Code 1915, § 2406E; 34 Del. Laws, c. 185, § 1; 35 Del. Laws, c. 166, § 1; 37 Del. Laws, c. 225, § 1; Code 1935, § 2869; 45 Del. Laws, c. 208, § 1; 7 Del. C. 1953, § 1704; 56 Del. Laws, c. 257; 57 Del. Laws, c. 739, § 77; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 431, § 1; 77 Del. Laws, c. 428, § 3.;

§ 1708. Penalties.

(a) Whoever violates this chapter, unless otherwise specifically provided, shall be fined not less than $50 or more than $100 for each offense. For each subsequent offense, the person shall be fined not less than $100 or more than $250. All fines imposed following a conviction for violation for any section of this subchapter shall be remitted by the sentencing court or voluntary assessment center to the county in which the offense occurred.

(b) Applicability. -- Any duly constituted law-enforcement officer of this State or any of its political subdivisions, the county, or any animal control constable or dog warden employed by the county who charges a person with any offense which is a violation of a law, ordinance or regulation established or promulgated under the authority of this chapter shall, in addition to issuing a summons for any such offense, provide the alleged violator with a voluntary assessment form which, when properly executed by the officer, allows the offender to dispose of the charge without the necessity of personally appearing in the court to which the summons is returnable.

(c) Definitions. --

(1) "Payment" as used in this section shall mean the total amount of the fine and costs as herein provided and any assessment added to the fine pursuant to Delaware law.

(2) "Voluntary assessment form" as used in this section shall mean the written document issued to an alleged violator which advises such person that they may dispose of the charge without the necessity of personally appearing in court by paying the fine together with any costs and statutory assessments.

(d) Places and time of payment. -- Payments made pursuant to this section shall be remitted to the voluntary assessment center or court to which the summons is returnable and shall be disbursed to the county in which the offense occurred. The payment must be received by the voluntary assessment center or court within 30 days from the date of arrest (excluding Saturday and Sunday) and shall be paid only by check or money order or by electronic means as authorized by the voluntary assessment center.

(e) Offenses designated as "offenses subject to voluntary assessment" exceptions. -- All offenses, as now or hereafter set forth in this chapter, or ordinances or regulations promulgated under authority thereof, are hereby designated as offenses subject to voluntary assessment except for violations punishable under § 928 of Title 9.

(f) Offer and acceptance of voluntary assessment; effect; request for hearing. --

(1) At the time of making an arrest for any offense subject to this section, the arresting officer, animal control constable or dog warden may offer the alleged violator the option of accepting a voluntary assessment. The alleged violator's acceptance of the voluntary assessment constitutes an acknowledgment of guilt of the offense stated in the form, and an agreement to pay the fine as herein provided, together with costs and assessments, within 30 days from the date of arrest (excluding Saturday and Sunday), during which time payment must be received by the applicable court or voluntary assessment center.

(2) In lieu of paying the voluntary assessment, a person who has been issued a voluntary assessment form may request a hearing on any charge stated in such form by notifying, in writing, the voluntary assessment center or court to which payment was to be made of such request within 30 days of the date of arrest. If the alleged violator makes a timely request for a hearing, the charge shall be prosecuted as if the voluntary assessment had not been permitted and the officer shall swear to the summons prior to trial.

(g) Penalty. -- If an alleged violator elects the option of accepting a voluntary assessment in accordance with subsection (f) of this section, the penalty imposed shall be the minimum fine for each offense charged, and fines shall be cumulative if more than 1 offense is charged.

(h) Court costs and assessments. -- In lieu of any other court costs, and provided the offense is not subject to other proceedings under this section, each fine for an offense under this section shall be subject to court costs of $20, unless otherwise provided by court rule in lieu thereof. Each fine for an offense under this section shall be subject to all penalty assessments which are provided for in Chapter 90 of Title 11 or any other provision of the Code.

(i) Agreement to accept voluntary assessment; procedure. -- Whenever a person is arrested for commission of an offense subject to voluntary assessment and has elected to make payment as herein provided, the arresting officer, using the uniform Delaware complaint and summons citation, shall complete the information section and prepare the voluntary assessment form indicating the amount of the fine, and give a copy of the citation and form to the arrested person and release the arrested person from custody. The arresting officer shall also inform the arrested person of the court or voluntary assessment center to which payment should be submitted if the person does not request a hearing. No officer shall receive or accept custody of a payment. If the person declines to accept voluntary assessment, the arresting officer shall issue a citation and summons or, if appropriate, follow the procedure for arrest as set forth in Chapter 19 of Title 11.

(j) Payment of fine as complete satisfaction; repeat offenders. --

(1) Payment of the prescribed fine, costs and penalty assessment is a complete satisfaction of the violation, except as provided in paragraph (j)(2) of this section, but does not waive any administrative penalty in the nature of license revocation which may lawfully be revoked by a county.

(2) In the event that following compliance with the payment provisions of this section, it is determined that within the 2-year period immediately preceding the violation, the violator was convicted of or made a payment pursuant to this section in satisfaction of a violation of the same section of this title, personal appearance before the court to which the summons is returnable shall be required. Notice of the time and place for the required court appearance shall be given to the violator by the court to which the summons for the offense would be returnable.

(k) Removal from applicability of section. -- If a payment due pursuant to this section is not received by voluntary assessment center or the court to which the summons is returnable within 30 days from the date of arrest (excluding Saturday and Sunday), the violator shall be prosecuted for the offense charged on the voluntary assessment form in a manner as if a voluntary assessment form had not been issued. Upon conviction in such prosecution, the court shall impose penalties as provided for by this chapter and this section.

(l) Nonexclusive procedure. -- The procedure prescribed is not exclusive of any other method prescribed by law for the arrest and prosecution of persons violating this chapter.

Code 1915, § 2406E; 34 Del. Laws, c. 185, § 1; 35 Del. Laws, c. 166, § 1; 37 Del. Laws, c. 225, § 1; Code 1935, § 2869; 45 Del. Laws, c. 208, § 1; 7 Del. C. 1953, § 1704; 56 Del. Laws, c. 257; 57 Del. Laws, c. 739, § 77; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 431, § 1; 77 Del. Laws, c. 428, § 4.;

§§ 1709-1729. [Reserved]

§§ 1730-1740. Seizure and impoundment of dangerous or potentially dangerous dogs; notification of dog owner; request for hearing; exceptions; hearing procedures; appeal; finding to declare a dog dangerous; duties of owner; finding to declare a dog potentially dangerous; duties of owner; liability of owner for costs of impoundment; rules and regulations; violations by owners of dangerous or potentially dangerous dogs; penalties; local ordinances.

[thescirocco.com]

There's a new law in DE, starting1/1/13, if there's an altercation, the dog owner that doesn't have Rabies vaccines automatically loses the court case.

Tailor made for cases like this, if you want to put the public at risk, and not taking proper care for their animal.

When you show a total lack for your own dog, as well as any dog it comes in contact at risk.

DE has had a full on leash law since ~2008...

[CO Boy]

My dog is really skittish now after this incident, around loud noises, and small dogs. I have a lot of work ahead of me.

Counter condition your dog with small dogs. Use positive reinforcement and build up your dogs confindence.

Good luck with the court.

[thescirocco.com]

Good advice and thanks!

Ironically we tried adopting a Jack Russel Terrier, and Hund played with him all the time.

At the time my wolf dog, Bear, was around 10 years old at the time, he lived to be 13 years, which is pretty good for a big dog.

We had to find the Jack Russell terriernew home, because he kept attacking Bear.

JRT's are little bad-ashes, that think they're a full size dog... Kind of like the owner's son wanting to kick my ash, as he was cradling his injured dog.

I asked for court with particulars, and he sent in the vet bill, and a new statement, with several differences.
I don't think the judge is going to like that...

[CO Boy]

I have two Wire Fox terrors, I mean terriers. Smaller terriers are big dogs in little dog's bodies.

[Village Idiot™]

Please make sure you counter sue the idiots for every penny possible so they they'll know better than to waste people's time when it's their own damn fault.

[Veedubin02]

Had issues in my neighborhood with unleashed dogs as well. That and little kids walking dogs who weigh twice as much as them. Its ridiculous what people deem ok. I have two pits and I am ever vigilant of the other dogs around them and their reactions. My dogs only go to the dog park when its just us and they are always leashed when walking through the neighborhoods. On multiple occasions I have had dogs run up to mine and I generally have to block them to reduce the risk of altercation and then deal with an apologetic neighbor. Just leash the freaking dog! Its been a law in my county for a long time not sure what people don't get.

[thescirocco.com]

Please make sure you counter sue the idiots for every penny possible so they they'll know better than to waste people's time when it's their own damn fault.

Exactly!

I'm trying to decide, either I'll be counter-sueing that same day, or at a later date, once this fictious claim, is laid to rest.

I decided to get the SPCA incident report, because I figured I'd find more falsehoods.
They had Sgt Barnes put down, that they were nose to nose, which has now been ammended, and I'll be sure to ask them why they got that wrong in court.
Also if the dogs were facing each other, there's now way a 10 lbs JRT is going to gain the upper hand against my 90 lbs German Shepherd.

[Skimmy290]

Once again reinforcing the truth that people are idiots...

Good luck to you with the lawsuit

[eurotekms]

Thanks for the detailed posts. Beautiful dog.

I had a great dane, and dealt with a similar situation when he was attacked.
I have a JRT/It. G. now. Although it's easier to be a lenient with a smaller dog, I'm glad he's not aggressive in the least.

[thescirocco.com]

I can't believe I lost this case, the judge was a total cXnt, she believed their lies, and didn't care that the dog was off the leash, or that it wasn't properly inoculated for Rabies and distemper.

[Village Idiot™]

I can't believe I lost this case, the judge was a total cXnt, she believed their lies, and didn't care that the dog was off the leash, or that it wasn't properly inoculated for Rabies and distemper.

WTF? I'd appeal! Take it to the supreme!

[thescirocco.com]

I'm actually going to ask for a re-trial... 1st I have to register a complaint through the same court.

I recently found out that he's a retired Wilmington cop, and is currently a New Castle County employee.

Me and my witness Ron, knew something was up, when he was on a 1st name basis with everybody in the courthouse.
The 2 people, that I asked to be subpoenad, were never subpoenad, and that was half my case.
The other case was the SPCA report, which judge Lucas claimed was inadmissable.

If I have to appeal this to the Court of common pleas, I'll have to ask for a jury trial, because who knows what another Judge is going to do, and they might be reluctant to over-rule what judge lucifer decided.

I also found out thet his 20 some year old son put a gun in his mouth and blew his brains out, a month before their dog attacked my leashed dog.

[STOICH]

You really didn't do yourself any good by not reporting the incident from the get-go. You left it open for someone like your neighbor to play victim.

I'd say cut your losses. Getting into retrials and juries seems like nothing but a waste of time (and possible a lot more money). But, if you want to pursue on principle, then by all means, have at it. I wish you luck either way.

[thescirocco.com]

I know what you're saying...

I'm lucky it wasn't a criminal case...

I'm going to have a talk with major whipple at the SPCA, to help me decide.

Thanks!

[thescirocco.com]

I want to thank everyone, that posted their feedback.

Merry Christmas to all!