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Posted: Saturday, 21 November 2009 8:13AM
Outrage over attack that killed dog
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ANTIOCH (STNG) -- Gizmo, Tanya Anderson's 1-year-old Shih Tzu, died earlier this month after an unprovoked attack from a neighbor's dog in Antioch.
Because of that incident, village officials are considering more stringent punishment for the owners of vicious animals.
According to the police report, Anderson was standing in her driveway Nov. 5 with Gizmo on a leash.
Two dogs owned by Nicole Wesolowski, 24, of Apt. 2B, 562 Drom Court, were off leash. Raymond Wesolowski, 50, reportedly let Nicole's two dogs off the leash; they ran into Anderson's driveway and one of them attacked her dog. Anderson said she started screaming and then both man and dogs ran off.
Police reported Gizmo was covered in blood with "flesh hanging from his neck and he was making gurgling sounds." The small dog had to be euthanized.
Raymond Wesolowski was cited for having a dog at large, and Nicole was cited for rabies violation and having a vicious dog. Both are scheduled in court Dec. 23 in Round Lake Beach.
Anderson was so distraught over Gizmo's loss she appealed to village officials to enact stricter regulations. Police reported the offending dog is a terrier mix, but Anderson said the dog was so vicious she thought it was a pit bull.
"I've talked to my neighbors and found that others have had problems with that dog being off leash," she said.
She assumed that because Gizmo's injuries were fatal, his attacker would be euthanized. But she was told by police that there have to be three reported incidents before the dog can be put down.
Citing the law, Police Chief James Foerster said a dog cannot be labeled vicious until it has attacked a person or other animal three times. "To be labeled vicious is to put severe restrictions on the dog and owner. For example, the dog must be in an enclosed fence of a certain height, be muzzled and on leash if it is outside the fenced area."
Officers issued the vicious dog citation with this first incident because it was so violent.
"I was shocked. It is rare to see an animal inflict this kind of injury," Foerster said. "I cannot remember any other instance in Antioch where a dog died because of its injuries."
Foerster said only a judge can order a dog be destroyed after such an attack.
"We can't say a dog is vicious and kill it. That's the call of a judge. We can put together a good case and put it before a judge if it is warranted," he said.
Village Attorney Robert Long said he reviewed Antioch's animal control ordinance, which mirrors the county's animal code.
"The ordinance prohibits keeping a vicious dog unless it is securely confined with a penalty to the owner for letting the dog loose. Local ordinance doesn't require destruction of a vicious dog," Long said.
He explained that it is the nature of animals to do unexpected things, so there must be three documented incidents before action is taken against the animal.
The code hasn't been updated since the 1970s, Long said.
"No matter how fierce the initial attack, under law there is basis for civil liability but not a basis to destroy the animal," he said.
State law allows destruction after a second attack, so an updated village ordinance could adopt that penalty.
"We can take a look at our ordinance for the future, but we can't change it for this instance," Long said.
Trustee Dennis Crosby said he wants the Village Board to come up with the strongest deterrent and punishment for future deadly attacks by pets.
"If this happened to me, I would be devastated. We as residents have a right to enjoy peace with our animals," Crosby said.
"We need to take your loss and make something good out of it and make a change to prevent it from happening again," Crosby told Anderson.
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Sun-Times Media Wire Chicago Sun-Times 2009. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.
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