Dog Who Bit Fall River Toddler Won’t Be Euthanized, Judge Rules

FALL RIVER — A local woman gets to keep her pet after a judge Monday reversed the police chief’s order to euthanize her “pit bull type” dog who bit a child, instead placing a number of conditions on her ownership of the canine, including that the dog receive aggression training and wear a muzzle.

District Court Judge Kevin Finnerty issued a ruling in which he wrote that the “extreme remedy of euthanasia is not appropriate” for the 4-year-old dog named Diamond, the subject of a hearing late last week.

The hearing was scheduled after Diamond’s owner, Brennah Medeiros, appealed a clerk magistrate’s earlier ruling that upheld Police Chief Albert Dupere’s order to euthanize the dog.

Diamond bit the child, who was about 18 months old, on her head and leg in May. The girl is the child of Medeiros’ boyfriend, Joshua Montesinos. She was treated with stitches at Hasbro Children’s Hospital, then released.

In ruling against euthanasia, Finnerty wrote that there was no evidence that 80-pound Diamond shook the girl while biting. Shaking “would indicate a predatory intent to seriously harm or kill the child,” the judge wrote.

Medeiros is a responsible pet owner who is prepared to take the necessary steps to alleviate the risks associated with owning Diamond, Finnerty wrote.

The child’s father, Montesinos, testified at the Thursday hearing that he let Diamond out of her cage the morning of May 20 and brought her outside to Medeiros’ fenced-in yard on North Underwood Street. While he was supervising Diamond in the yard, Montesinos saw another dog on a leash across the street and took Diamond by the collar to bring her inside to prevent her from seeing the other pet and barking.

When Montesinos opened the screen door to Medeiros’ apartment to let Diamond inside, Diamond spotted the dog across the street, Montesinos testified. His daughter was leaning against the screen door and fell forward onto Diamond when the door opened.

Montesinos testified that he opened Diamond’s mouth with his hands and the dog released his daughter. Diamond bit the child’s leg when Montesinos scooped her up to get her away from Diamond.

Finnerty wrote that the second bite to the leg “is of greater concern,” because the dog should have had the time to recover from her initial excitement and recognize the child, who stayed at Medeiros’ house with her father about three times per month.

The incident marked the first time Diamond showed aggression toward the child, Finnerty wrote, adding that there is no evidence that dog has ever escaped her owner’s yard or been aggressive with Medeiros’ two cats. The child’s mother, Ashlynn Pacheco, also testified against euthanizing Diamond, telling the court last week that her daughter has since made a full recovery.

Neither Medeiros’ attorney, Jeremy Cohen of the firm Boston Dog Lawyers, or Corporation Counsel Joseph Macy, who represented Dupere, denied that Diamond met the state’s definition of being a dangerous dog.

The state defines a dangerous dog as one that attacks another person or domestic animal without justification, or a dog whose behavior would lead a “reasonable person” to believe the animal poses an imminent threat of physical injury or death.

Judge Finnerty placed a number of conditions on Medeiros’ ownership of Diamond, including that the canine never again be in the presence of Montesinos’ child.

He ordered Diamond to be professionally trained to be less aggressive toward other canines, and be examined by a veterinarian to see if medication would help control her “aggressive behavior.”

Diamond must wear a muzzle when she leaves Medeiros’ home, including when she’s outside in the owner’s fenced-in yard. The dog must be leashed and muzzled when she is taken off of Medeiros’ property. Medeiros must also prove she has dangerous dog insurance with at least $100,000 of liability coverage.

Cohen said Tuesday that Medeiros is a smart pet owner who understood the consequences of Diamond’s actions, and will follow the judge’s orders to regain custody of her pet and ensure the public is safe.

“She is willing to do anything the judge tells her to do to keep this dog alive and the public safe,” he said.

Referencing his client’s effort to save her dog — which the attorney said included two separate appeals and ongoing talks with the city – Cohen said Medeiros did not back down because she loves Diamond.

“They didn’t surrender. None of us surrendered, and there were many chances to,” said Cohen.

Because Chief Dupere’s euthanasia order was overturned, the city must pay the costs that were associated with boarding Diamond at Forever Paws Animal Shelter, where the dog was impounded for over 160 days.

Macy said the court hearing last week gave all sides the chance to make their respective cases, and that he hopes Medeiros will confine Diamond.

“Everybody got a fair hearing and that’s the way the judge ruled. We’ll accept that ruling and hopefully they restrain the dog,” he said.

source