Selectmen upheld an earlier decision regarding an East Mansfield German Shepherd Wednesday, ruling him vicious and a danger to the neighborhood. They also voted 3-1 that the two-year-old adopted shelter dog should be euthanized, based on his unprovoked attack on a passing bicycle rider in March. The victim, Orysia Petrosh, was riding by dog owner Dave Arno's house on Ware Street, and was attacked by the loose dog, bitten twice, and ended up on the ground. A mail delivery man with a can of Mace was allegedly the only thing between her and the dog, who continued to lunge at her.
In an initial hearing several weeks ago, Animal Control officer Jeff Collins told the board the dog, Nicco, should be declared vicious and should be put down. The board decided to hear the case as presented by the dog's owner, the victim, and eyewitnesses before deciding for good whether to seal the animal's fate. Nicco had been adopted when he was 7 months old, and had been a shelter dog who had apparently suffered abuse, according to his owner.
Ask any present or past board member - dog hearings are among the most upsetting issues of the many thankless tasks selectmen tackle during the year, and when there is an attack on a person involved, such hearings always rank as true no-win situations, no matter which way the decision leans.
Wednesday's meeting was no exception. With only member Doug Annino suggesting retraining and increased and well-enforced restrictions on the dog, rather than ending his life, the three who voted the ultimate penalty did so with great reluctance.
"You never really know if it's the right decision, unless something happens," said board chairman Jess Aptowitz. "If the dog is put down, it's over."
"The dog is only two years old," said Annino. "We are taking a chance. Is it part of a family? Is it loved? This is not an inanimate object. There are ramifications each way. We are trying to protect the public and the dog."
Arno said he is now confining the dog to a chain link pen, tethering him inside the pen with a cable, reinforcing the catch on the pen with bungee cords, and only taking him to the house on a lead with a muzzle on his face, facts that Collins had corroborated, saying he has driven by the house unannounced and witnessed Arno with the muzzled dog on a lead.
But in the end, the testimonies of two neighbors seemed to push the board towards declaring the dog a danger who cannot be allowed to exist.
Steve Nickerson, who lives across the street, said in a year and a half, the dog had been loose five or six times, and had chased his children into their house in their own yard. Arno said the dog could have been another shepherd owned by a relative, but Aptowitz said even if that was the case, Arno would be responsible as the homeowner.
Frank Guardabascio of Mill Street said he has never seen the dog, but does ride in the area "I want it safe for everybody," he said.
Although Arno said the dog had never bitten anyone, and only showed aggression towards bicycles, not people, the board was not convinced. Collins said the dog had shown no aggression towards him when he visited, and said he had never received another call about him.
Collins also recalled an earlier case in 1993, when a dog had bitten a child in the face, and he had recommended euthanasia. The owners took the case to court, and the court overturned Collins ruling, instituting restrictions on the dog, who stayed in town. Asked if he ever got another call about that animal, Collins said no.
Arno also has the right to take the case to the next level, and has ten days to appeal the decision taken by the board.
"It was a terrible accident, but I don't see him as vicious," Arno said.