Dog bites old lady in NB - gets probation. Are you listening, HRM?

We were very interested to see this story in light of the fate of Brindi, who has been given far less of a chance for committing much less serious offenses. We also learned directly from the reporter that in spite of its behavior and its owner's lack of control, the majority of folks in Hampton united firmly behind this woman in a determined campaign to save Sophie and get her back home. Remember: Brindi has never attacked a human and has never inflicted serious harm on a dog. Her owner was able to find a committed lawyer and a solid trainer to help her. 

After you read about this dog - which was never seized, allowing the owner time to work on its behavior - then see these videos: this one and this one. And tell us what YOU think. 

 Judge puts dog that bit Hampton senior on probation

Published Wednesday February 17th, 2010

A dog facing a death setence got a new lease on life Tuesday.

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Tammy Scott-Wallace

Telegraph-Journal

HAMPTON -  Sophie, a two-year-old German Shepherd, Rottweiler, Labrador mix, was given a second chance to behave by provincial court Judge Henrik Tonning despite the town of Hampton's order that the dog be euthanized for biting a senior woman last summer.

"I think this is the first time I put a dog on probation," Tonning told the large crowd who gathered for the unusual case.

From now on, Sophie must wear a muzzle at all
times when she is outside her owner's 1005 Main Street home in Hampton.

The court heard from 80-year-old Shirley Bettle who said on July 3, 2009, as she was making the regular half-hour trek she enjoys daily with a friend, she passed Short's home. Typically she would hear Short's two dogs barking as she strolled by, but on that morning Sophie was loose and shot out to the sidewalk, grabbing Bettle's upper thigh in her teeth and knocking her to the ground.

The dog's owner, who told the court she was in the process of taking Sophie into the house when she tripped and lost hold of the dog's collar, ran quickly to Bettle's aid. She put Sophie inside the house and returned to Bettle as others also converged to help.

Bettle was taken to the Saint John Regional Hospital and given a tetanus shot, the four punctures from Sophie's teeth were dressed and she was placed on pain killers and antibiotics for the injuries. Following the attack she was visited at home by a nurse twice a day to have her bandages changed until her husband learned the technique.

Ten days after the incident, Bettle's doctor, John Quinn, testified he treated Bettle for her reoccurring injury which, by the time he saw her, had developed into an oozing infection for which he changed her medications. She also had a large bruise on her upper thigh, Quinn said.

While he is not an expert, in a letter to the town's dog control officer Darin Clarke, he said it was "one of the most severe dog attacks" he had seen in 33 years as a family physician practising in Hampton.

"I recommended the dog be destroyed," Quinn said from the stand.

Seven months later, Bettle said she still experiences soreness from the bite and it is having a hard time healing.

Three neighbours of Short's took the stand and said they fear Short's dogs, which they said bark constantly in her backyard.

"I say shut up, and sometimes they do, sometimes they don't," said Robert Sturgeon who lives beside Short's property.

"If it comes into my yard it will be put down," Sturgeon said matter-of-factly. He has children ages six and 12.

Robert Harrison said he keeps a shovel outside near the door in case Sophie ventures onto his yard.

Since the incident, however, Short spent $4,200 to erect a four-foot fence - all she was allowed under town bylaws - and has enrolled Sophie in intense dog training as well as introduced her to dog agility classes.

The day after Bettle was attacked, at the advice of doctors she called the Hampton RCMP and Const. Simon Jones and dog officer Clarke attended the scene and seized Sophie.

Clarke, who was declared a dog training expert in court, testified that, when he visited Short's home and asked to see the dog, it was immediately apparent it was out of control. He said it was barking and growling, and once he took her to his property for the ensuing 12 days, her temperament was inconsistent and she showed fear and aggression when unprovoked.

Short said Sophie was worth fighting for and, while her pet has a lot of energy, she is a fast learner and has been making huge progress in the 20 hours of training she has had with Bloomfield dog trainer and behaviour counsellor Andrew Turner.

She said Sophie was young, untrained and nervous with strangers but is changing daily. She said on July 3, there was also a thunderstorm that frightened the dog.

"I had never seen this happen before," she said of Sophie's attack. "I'm very sorry that this ever happened and I have made every effort to ensure the town it will never happen again."

Turner said Sophie is obviously calmer and less fearful, but stressed to the court that all dogs bite.

"Dogs bark and dogs bite, that's what they do," the witness for the defence said.

"The underlying emotion is fear," he said.

When Sophie is training in town locations like the mall, he said she is double leashed, wears a harness and anxiety wrap, as well as a basket muzzle to ensure she can't bite.

"Even though she's doing really well, we have to take it slowly. I've advised against walking in Hampton" at this stage.

Turner said believes Sophie's removal from the property as she was following the biting incident made matters worse.

The way the dog was taken, Turner said, "showed little skill and no compassion for the dog."

Turner said it would not be humane to order Sophie to die when she is making progress and has great potential.

Representing the Crown, David Lutz said Sophie should either be euthanized or removed from the community.

"Seven-and-a-half months later, 15 lessons later, 20 hours later "¦ and this dog doesn't appear to be any safer than she was on July 3," he said.

He said Hampton is probably the safest place on Earth except for walkers, joggers and children passing Short's home.

"A dog like this does not belong in downtown Hampton."

Defence lawyer Nadia MacPhee said the dog biting was an isolated incident. She called Sophie a young dog that was scared on that day.

"This isn't the same dog who, a couple of months ago, wouldn't listen to her owner and charged onto the sidewalk," MacPhee said.

Under the town's bylaw, the judge could deem Sophie dangerous and order the dog euthanized, or he could impose restrictions to ensure the dog is kept under control.

Tonning said because of Short's "tremendous attempts," he ordered the second chance at life for Sophie.

He said it is unacceptable that Sophie bit, and stressed to Short that Bettle is entitled to walk the streets of Hampton in safety. He added, however, that the town's one-strike approach to biting dogs is not a good one.

The judge warned Short, however, if Sophie bites again, his decision will be death.

After Tonning's decision, Bettle and Short embraced and again Short offered her apologies.

"I have absolutely no doubt she will be a perfect dog," the elated Short said outside the courtroom.

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By the way: the reporter also told us that the community of dog lovers in Hampton filled the courtroom to support this dog owner, and called the town to file numerous complaints against the animal control officer.

Sophie was seized and impounded for only 12 days - why? Because her owner was able to get an inspector to visit the pound and declare it unfit for the dog to be kept in any longer than that! So Sophie was able to go home where the owner could work with her and a trainer in private and successfully improve her behavior. Imagine. Sadly, in Halifax, since the SPCA ran the pound, there was NO inspector to come and do the same for Brindi.

We can't help but wonder: was Francesca Rogier's real mistake in settling here instead of New Brunswick?