A clarification: Administrative hearing officer Mike Yraceburn's ruling was within the limits of the law. He did his job admirably. The question I'm posing is this: Shouldn't Kern County's tough-on-crime mentality extend to the unlawful behavior of dogs and their owners?

Click on this story link to read the full story.

Thanks Steve,  I linked to it on Curts blog but this is better.

I'm not seeing as many loose dogs in my neighborhood, most are on leashes now.  This morning a guy waked near the curb and let his dog come up and urinate on my lawn.  I didn't much appreciate that.  At first I thought it was going to poop but when I opened the door the dog looked up surprised and ran back to it's owner.  I realized then it was a female but I was all set to tell the guy he had some cleaning to do. 

I don't understand that mentality either, female urine makes yellow spots on my lawn but I guess that's ok with the owner...it' s not HIS lawn.  Coulda been worse, coulda been unleashed.

 Are we tougher on human offenders than we are on canine criminals?

Onionesque humor, right??

As the subject of this blog, I can hardly be considered to be un-biased.  Having said that,   my vote is "Yes"  we are tougher on humans than animals.  A dog has to bite TWO people to rate a vicious dog hearing - the human equivalent would be a robber gets a free pass on his first robbery and isn't prosecuted until the second robbery.

Note:  I would like to thank Steve Mayer for his accuracy and dedication to this news piece.

No doubt, this was serious business. But one might have cause to wonder: Do we hold dogs and their owners less responsible in unprovoked attacks than we do people?

Without a doubt, yes.  I was appalled to read that the owner of the pit bull only got a slap on the hand.  I'm not sure why Mr. Robles did not have his dog on leash, as it is common sense for any responsible pet owner.  Anyone who owns a dog, particularly pitt bulls, need to exercise some degree of control over a dog so it won't endanger public safety.  Why Mr. Robles is given a second chance is beyond me.  That pit bull is now a walking time bomb, and it's only a matter of time before it attacks another dog or a human being.  Why take that chance?

I own a 10 year old labrador retreiver.  Ever since she was a puppy, I've trained her on bite inhibition to avoid breaking human skin with her teeth in case situation arises where she may provoke or retaliate in defense if she was ever in danger.  But there is no way I would leave her in a room with another child or unknown people without my supervision. 

I was once an opponent of specific breed bans.  But I have to admit that it's looking better and better as the number of pit bulls attacks have risen around the country and no reality checks are taken seriously.

P.S.  Mr. Dalton, I hope you and your puppy make a speedy recovery.

When sources in my stories thank me for my dedication to accuracy, believe me, it's music to my ears.

Because if I get the story wrong, no amount of good writing -- or even poetry -- can rescue it from failure.

When I somehow manage both, and I've been told I have on a few occasions, I find a writer's bliss.

 Thanks, Curt, for your willingness to share this experience with your community. We can all learn from it.

Steve,

Do you know if the pit bulls are have been spayed/neutered?  If not, has this city imposed restriction on Mr. Robles?

honorerdieu --

You can read the story at http://www.bakersfield.com/... 

In it I explain the city imposed several restrictions on Robles, who apparently has been breeding his pits, though he told the hearing officer that he hasn't been selling the puppies, just giving them away to friends and family.

I listed several of the restrictions in my story, and I believe the younger female pit bull must be spayed -- after she has weaned her first litter (she's barely a year old).

Curt -- I don't have my story notes with me at home. Can you tell us whether the older pit bull also must be fixed?

Thanks.

I've heard of dogs like that eating rat poisin rolled up in hamburger and tossed over the fence into their pens.  It would be a tragedy if that were to happen to Mr. Robles' dogs.

Dril,

I am certain you are as upset by this as all of us, but to suggest violence against an animal, on top of violence at that, does little.  The dog is an animal and under the responsibility of the owner.  We cannot blame our animals for acting natural when uncared for. 

One thing that appalls me about this community is its draconian sensibilities when it comes to "justice."  Come on, we're better than that--aren't we?

I once saw a stray dog behind my office in Wasco and she looked ill.  I watched for a while then saw her defecate massive amounts of blood.  I didn't try to approach her but went back in the office called animal control.  By the time I got back in the alley she was gone.  (it was on a Sat and no one came right away)  The animal control guy told me he drove around but couldn't find her.  Poison?  Hit by a car?  I'll never know but I hope whoever left her to die gets a bad case of shingles in their armpits and groin.

Three things a responsible pet owner does...1. The make every effort to keep their dog safe in their yards and on leash when outside.  2. Should something tragic happen accidentally (we aren't perfect) then they make it good with the person or dog that was attacked.  3.  They spay/neuter their pet....immediately.  Preferably at age 6 months before problems arise.

 The pit bull that attacked me must:

Be confined in an "approved" kennel. 24/7.  No other dog may be in the kennel with her.

If not in the kennel, the dog must be on a leash under Mr. Robles direct control.

Since both of his pit bulls are pregnant, when the dog that attacked me has her litter, she must be spayed within 30 days.

(( I must note Mr. Robles had plenty of time to arrange to breed his pit bulls but couldn't find the time to return my calls when I was trying to determine the rabies vaccination status of his dogs.))

He must also install self-closing, self-locking gates in his yard.

MiddlepathII - Unless you have had the complete misfortune to be involved in a pit bull attack, there is absolutely no way you can appreciate the utter violence and carnage these animals are capable of.  From start to finish, this attack lasted only about seven seconds.  It probably took you at least that long to read this paragraph.  

Had I been armed with my .45 I would have ended the attack in an absolutely final way.  I would have put down both of these attacking animals.

Curt, I wish you HAD been able to put them down before he had a chance to breed them.  I wonder if he actually bred them to a purebred or if they just "happened" to breed with any neighborhood dog.  All we need is another batch of pit bulls running around.

Curt, I can read pretty fast...

Using a firearm to protect yourself while under attack is great in theory, but in practice, unless you are trained (which you may well be) and especially with a large caliber weapon, the damage done might not be only to the dog...

I am glad this did not end worse.  I imagine the puppy is recovering?

My only complaint was the not-so-subtle suggestion that you take the law into your own hands, after the fact, and poison the animal for a negligent act on behalf of its owner.  Such deeds harm the evildoer (the burger guy) as well as the victim. 

That said, I do not believe anyone should be allowed to keep vicious animals under any circumstances.  Who wants a vicious pet anyway?  Sickening.

(~Sad~)

I hope this doesn't come out wrong and sexist (~it probably will~) but I think the leniency given both to vicious dogs and their owners who are neglectful (or who deliberately cultivate viciousness) is a legacy from a time many decades ago when many people considered a big dog to be a statement of one's manhood; it was the sign of a "macho" man both to own a vicious dog and be able to control one.

To this day, they still get some extra slack.

Animals are the losers when they become status symbols for things not so pretty.

ApolloDawn --

I'm not sure about the "slack" thing ... but I don't think there's any question that large numbers of men use some breeds of dogs as an extension of their masculinity or "machismo."

It's not sexist to speak plain and obvious truth.

I give away my age (not that I've tried to hide it), but stories like these bring back memories from my own childhood when it was much more culturally acceptable to mistreat dogs, such mistreatment being both expressions of (inadequate) manhood and as a way to reinforce viciousness to gratify that machismo.

It still exists in subcultural pockets and niches, like the hideous entertainment of Michael Vick.

I can't help thinking that a shadow of that past culture still tempers how we approach canine violence.

Steve, you've been around here long enough to know that speaking the truth doesn't prevent people from crying racist OR sexist.  But, we can always hope.  :-)

I just mentioned to someone else that while there are responsible pit bull owners, the majority seems to be content chaining them up to a tree and forgetting they exist.    All dogs, to be good pets, need owners who have the patience to train them correctly.  That's not a part time job or one that you can just do for a while and then let it go.

I lack the patience and the stick'em to have a dog that I'd have to train to have a soft mouth or to retrieve on command.  Mine loves Frisbee and is pretty obedient for the little training she's had.  And she's a love.  At the same time, no one comes near my house that she isn't loud and bares her long teeth.  I'm not the best owner in the world but my dogs are NEVER out of the yard off leash..NEVER.  When I need to open the big back gate I put my dog on a anchored chain and let her stay with me while I do front yard work.  I alternate and let the little guy do the same.  They're well  fed and have their regular vet appts.  They do their job for me and I do my job for them.

Steve:  You don't ask easy questions, do you?  The quickest answer I could come up with was "Maybe."  Maybe we do put the screws to humans quicker than their companions, and it seems to me that the reason for this is that we can communicate with humans and not with animals.  We cannot determine motive, for instance.  Therefore, again, it would seem to me to be the better part of wisdom to forgo any three-strike law as applied to animals.  One strike, and you're out.  Same should apply to child molesters, but that's another story altogether. 

I've watched this story of Curt's, and I'm happy that there's going to be some measure of accountability by the animal's owner.  However, I think that for all practical purposes the owner and the animal got away with it, so to speak.  I hope there is some follow-up by the authorities as to requirements set down as to the future handling of the one animal in particular.

By the way, has anyone looked into the possibility this dog owner is running a puppy mill?  If he is, I believe he has another strike against him.  In my neck of the woods (the Midwest), puppy mills are illegal.

Again, Steve, good job!  Good story -- you and Curt together made a great team, even though the story is one that never should have had to be told.

A more accurate question would be "Are we tougher on violent humans than on violent dogs' owners?".  It is the owner who is responsible for the crimes committed by the dog.  Prosecuting the dog is ridiculous; the dog cannot participate in its own defense.   The owner should be required to make full restitution for the damage caused by his dogs and the restrictions placed on him with relation to his dogs are justified.  Calling for the destruction of the dogs is not warranted.  No one would call for the destruction of a Toyota if the owner had failed to set the parking brake and the car rolled over a child.  The owner would face penalties and possibly jail time, as should be the case here, if the law allowed.  The law does allow the victim to sue for all damages and I hope Gracie's owners are saving all receipts and noting all mileage to vet/doctor appointments and time taken off work to care for Gracie (and that hand) and then see the guy in court.  The dog's owner is liable for the damage his property has caused.   

wow...thats not the way my potentially dangerous dog hearing went down over a decade ago within the city

my wife and I had a german shepard.  The neighborhood kids would harrass him during the day when i wasnt there by banging on the fence, shoving sticks and screwdrivers throught the slots in the fence in an attempt to hurt him, as well as throw rocks at him

my next door neighbor even allowed his kids to move their trampoline adjacent to the fence, so they could get on it and throw rocks at my dog.

I had many of these activities on video tape.  I did go to the police, they talked to the parents and the kids, but nothing changed

one day i was in the backyard, and I heard the kids banging on my fence.  I went out front to go talk to them, and I forgot to shut the gate...  My dog got out and attacked one of the boys

he received 10 stitches on his arm.  His parents called animal control and the police. My dog was quarantined for 10 days.  we then had a potnentially dangerous dog hearing

I took my video to this hearing to prove that my dog had been provoked for up to 6 months prior to the incident.

the committee didnt care if my dog was provoked or not, all they wanted to know is whether or not he bit

my dog was declared potentially dangerous by the city.  The family filed a claim against our homeowners insurance.  Insurance said since he was declared a potentially dangerous dog, they couldnt insure him any more, and that if he bit again, it would be on us

other than losing my mother, putting my dog down because parents allowed their children to abuse my dog was the hardest thing I had to ever witness.  I still think about it almost every day.

seems as though they have lightened up a bit nowadays

Tebuju2007:

Finally someone who gets the "picture"! Yours was the most commonsense response I have seen on this subject. Everyone lately is on the "pittbull" bandwagon. However, we must remember that Pitts are not the only dogs that bite. Every breed will bite. It is the only defense that God gave them. The responsibility MUST be put upon the shoulders of the dog owners. I own a pittbull crossbreed that I rescued from the Kern County animal shelter at six weeks old. He is unaltered and the most loving and docile dog I have ever owned. But, and its a BIG but, he will bite if he thinks he or myself are threatened. That is why when I have him outside of the house he is on a halter, leather leash, and is muzzled. At my home I have strong fences and locked gates to prevent any "accidental" escapes and both of my gates are posted with beware of dog signs. Now if someone gets into my yard after all of that then it's "lunch time"! My point being is that it is the inherent nature of animals, not just dogs, to bite. The owners must be held fully responsible both financially and criminally. The animal should not be responsile. And just one other things to other Pitt owners, You know how very strong a Pitt can be. If you are not strong enough to control the animal while it is leashed then you should not have the animal out of the confines of your home.

There's a big difference between a Toyota which is inanimate and cannot attack on it's own and an animal who can attack at will.   While I agree that the owners are mostly at fault, your analogy is flawed.

There is a "bite list" and it's there for a reason.  Some animals are more likely to bite than others yet never do.  Some are least likely to bite but have been know to as well.  But the reality is more bites come from particular breeds than others.  If you think it's great that your dog won't bite you but will eat anyone coming in your yard for lunch, then you're setting yourself up for a lawsuit.  What if a child gets in your yard?  Is it ok for that dog to rip up a child because they trespassed and didn't heed your signs?

Learnem, I hate what happened to your dog.  Hate it!  But I'd be leery of ever having that dog around children again.  It's not the dogs fault it was provoked but that's small comfort to a child with their face torn up.  Having seen my Lab attack my terrier I go so far out of my way to see that they never get together again that it's pathetic.  They loved playing tag and chasing all over but I can't take the risk of whatever set the Lab off happening again.  Maybe I'm over cautious but better safe than sorry.

I also have a 3 yr old ggrandson who is terrified of dogs, even my little terrier he used to love, because some idiot turned their big dog loose and it charged them.  Now when the boy is here, I have to lock the terrier in the kitchen which is so hard on him because he loves those kids.

Responsible dog owners folks, that all most of us want.

I agree Tebuju2007 -100%.  My husband rescued an 8 month old pitbull from a shelter.  To my surprise, she is very affectionate and gentle.  Because of her, I no longer have an irrational fear of the breed.  Don't get me wrong, I have a healthy respect for them, but I don't feel paranoid about the breed and think they should be wiped off of the face of the earth.  We are well aware of her strength, and for that reason she stays in our back yard, which also has a strong fence.  Our gate is locked and a "Beware of Dog" sign is displayed to warn potential trespassers. 

My husband spends alot of time training our Pittbull and Jack Russell Terrier.  The dogs play well together and know what behavior is acceptable and what is not.  He walks and jogs them regularly to keep them balanced, and socialize them with other people and animals.

I agree that the owner is ultimately responsible.  He is the one that should be held liable for his negligence. 

MiddlepathII.....

In response to your post......

 Curt, I can read pretty fast...

Using a firearm to protect yourself while under attack is great in theory, but in practice, unless you are trained (which you may well be) and especially with a large caliber weapon, the damage done might not be only to the dog...  

I AM very well trained in the use of firearms- ((Click on the target, then choose "larger view".  It was done at 25 yards with a .45). When I go to the range, I almost always "Out Shoot" members of our local law enforcement (much to their chagrin).  Further, I am very well acquainted with the properties of the firearms I shoot and would never pop off a round if it had the chance of going through my target and endangering anyone.  The law allows me to protect myself against a vicious attack by whatever means I can, up to, and including, a firearm. 

I am glad this did not end worse.  I imagine the puppy is recovering?    So far so good.

My only complaint was the not-so-subtle suggestion that you take the law into your own hands, after the fact, and poison the animal for a negligent act on behalf of its owner.  Such deeds harm the evildoer (the burger guy) as well as the victim....    I have never considered taking the law into my own hands.  Perhaps you confused my post with someone elses.

That said, I do not believe anyone should be allowed to keep vicious animals under any circumstances.  Who wants a vicious pet anyway?  Sickening...  I agree.

Great conversation, everyone! I love it when bloggers proceed in a civil manner and back up their views with logical argument, evidence and/or personal experience. You guys rock!

There is a strong contingent here who argue that the blame for dog attacks must be placed squarely on the shoulders of irresponsible dog owners. While I agree that irresponsible owners are a HUGE problem and the chips must ultimately fall in their laps, I believe even good, responsible dog owners are sometimes surprised and shocked when their dogs suddenly revert to instinctual behavior rather than socialization or training.

You hear it all the time: "I've never had a problem with Fido. I don't know what caused him to attack."

Can we agree that there is an element of unpredictability at play here? And because there is this unknown factor, must we not be ever aware and vigilant when our pets come in contact with children, strangers and even close family members?

Especially breeds that have the genetic predisposition and size and strength to do terrible damage?

There's a HUGE unpredictability here.   I never in my wildest dreams expected Allie, who is totally passive, to attack her yard mate because my daughters dog was here.

They are domesticated animals....not kids.

Another heartbreaking story about how people neglect and mistreat their animals.  This situation shows the result of such mistreatment.  These animals, who have not been raised lovingly and responsibly, become a danger to other animals, and even to people.  I think this is evidence to support much stricter laws regarding pet ownership.  I won't get into all of the reasons why this is a people problem more than an animal problem.  I do want to tell "learnem" how sorry I am to hear about your Shepard.  We had neighbor kids (probably Jr. High age or so) that would torment my dogs.  They kicked and growled at the fence, and also climbed up to throw rocks down at my dogs, who naturally jumped at the fence and barked.  This went on for a couple of years, with the neighbor threatening to shoot my dogs if he ever saw them unleashed, which they never were.  His kids continued to antagonize my dogs until they day they moved.  Unfortunately, the day they moved, was they day my dog died.  The neighbors had poured anti-freeze or something over the fence, which my dog ingested.  She was poisoned.  That event made us question the death of my other dog a year or two earlier.  The vet didn't know what was wrong with him, he just wasted away.  What might I do to those people if I ever came across them again???  Those kids are probably somewhere beating their girlfriends right now. 

Ok, I'm done.  :)

Thank you for this article. In the past month I've seen at least three articles or stories on the news locally about pit bull attacks. I know in most cases the dogs are not to blame for their behavior but in the case of a dog attacking me or my animals I would never have let the animals get away knowing that little or no action would be taken to put a stop to them attacking again. Maybe this is cruel and wrong, but honestly that's just the way I feel about animals that people allow to get out of their yard and attack others. And on that note no we're not nearly tough enough on violent humans. I see them everyday in my neighborhood using their guns and teaching their kids how to use guns. I know these people are violent and take part in criminal activities on a regular basis and they're often let off with a warning or time in county which they see as a slap on the wrist. It's nothing to them. This is an acceptable activity and even their crimes are justified in their minds. It's too bad so many are allowed to raise kids. 

re: Nancy II - Bite lists are misleading.  In 1982 (nearabouts), the USPS had their postal carriers keep track of how many times they were charged and/or bit, and what size and/or breed of dog.  The top biter was the Miniature Poodle.  Bite lists are compiled from reported bites.  The majority of bites go unreported.  An average person is more likely to report a pit-type dog biting than a Cocker Spaniel or Miniature Poodle.  A compilation of bite lists from around the country finds that breeds such as the Pug and Otterhound have been listed on somebody's jurisdiction. 

There really is not an unpredictability, but most dog owners have no clue how to read their dog's behavior.  A dog holding very still and slanting a sideways look as the baby crawls on him is getting ready to snap at the rude child.  The parents will scream and throw the dog out, probably to another home or the pound, but the dog was saying clear as day "Get off me pup or I'll teach you some manners".  Dogs don't lie, they are communicating with us and each other most of the time, but most people don't learn what they're saying and sad things happen in the miscommunication.  I'm sure the dogs in this incident have displayed poor behavior, even aggressive behavior, many times before and it was not addressed by the owner. 

  tebuju2007 

Curt, with all due respect, I think tebuju2007 validated his point by stating that these dogs probably displayed aggressive behavior before.  Unfortunately the owner had no clue, or lacked the skill necessary to control his dogs.  

Being a dog owner, who loves both of my pets, I can certainly understand how you feel about what happened.  Especially because the attack occurred on your property without any provocation.  Yet, I still believe that the owner is responsible for the dogs behavior.  He obviously lacks the knowledge and maturity to own such a strong breed.  Some people think that by merely feeding their pets they are being responsible owners.  Nothing could be further from the truth.  It takes a dedicated effort to train and socialize an animal, especially with the Bully breeds, Rottweilers, Dobermans, and German Shepards.     

In this incident, I don't believe the owner is qualified to raise such a breed.  If he were, this tragedy would have never occurred.

I too have been attacked by two pit bulls one night years ago. During the attack I yelled for my husband to get my Sig 40cal so that I could dispatch them with extreme prejudice. The two dogs where attacking me from two different directions. the two dogs ran off after I yelled at them and threw some of the river rock that I have in my landscaping, after wards I called the police dept so that here would be a record of the attack. 

My neighbors and I went to the hearing on the dogs and when it came my time to speak I told the commissioner and the city attorney that they where on notice that these where vicious dogs and IF they released them back to the owners and they bit someone that the city will be sued. The dogs didn't come home.which was sad because it was not the dogs fault that they behaved the way they did. It was the owners who got the dogs because of the breed (The owners where drug dealers)and they trained them to be vicious to protect their dope.

I don't care what you have in your backyard, you could have alligators for all I care as long as they don't get out of your yard and threaten me or my family