City wins court case; judge orders dog euthanized

2012-02-15T08:30:00Z City wins court case; judge orders dog euthanizedBy THE HERALD Chippewa Herald
February 15, 2012 8:30 am  • 

The city of Chippewa Falls has won a court order to have what it has termed a vicious dog euthanized.

Judge Jim Isaacson granted the order Tuesday, noting the city had met its burden.

The dog, an American bulldog named “Shay,” is owned by Mauro Martinez III and Ashley Brown of 209 W. Columbia St., Chippewa Falls.

Shay bit a 6-year-old child on June 6. Martinez and Brown were cited for keeping a vicious animal after that incident.

On Sept. 24, Shay attacked and injured a dog owned by Cindy Eckes. According to the police report, Eckes asked Martinez to stop his dog from attacking her dog and Martinez responded with an expletive.

The city then started a civil court action to have the dog euthanized under a city ordinance allowing for vicious dogs to be put down. The ordinance spells out what the city must prove to the court to obtain such an order.

Martinez attempted to stop the action by giving the dog to Michael Ferguson of Lake Hallie, where the dog supposedly is today. However, Martinez did not properly respond to the city’s court action in a legal sense, so the city continued to seek the order, which Isaacson granted.

Martinez made a statement at the court hearing Tuesday, as did City Attorney Bob Ferg. Isaacson found that the dog had attacked and injured a child and that Martinez knew about it. He said the city had met its legal burden and ruled in favor of the city.

Normally after such a court ruling the attorney representing the winning party drafts a court order for the judge’s signature. The police would need such an order to take possession of the dog to have it euthanized.

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(7) Comments

  1. marked
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    marked - February 21, 2012 6:37 pm
    I live in the area where this dog lived on Columbia street. I have walked passed this house number of times, at one time, the dog was outside and charged towards the fence/sidewalk area. The owners just sat there ...said and did nothing.Lucky for the fence.No sorrow here for owners;so sad for dog to pay the price. Praise city for actions. Wonder though if someone shot dog(Concleded gun law) while walking.... Another comment for another story.
  2. ECresident
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    ECresident - February 17, 2012 10:42 am
    Today, there is a poll regarding what should the city do now that theyve won the right to kill the dog. There was a story last week in the ECLT reporting the owners have given approval for euthanizing the animal.Evidently, by doing so, they dont get any fines or charges.Kind of late for the poll, and a SHAME the owners are getting let off!
  3. ECresident
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    ECresident - February 15, 2012 5:26 pm
    And to top it all off,the dog pays for its owners irresponsibility!
  4. straight talk
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    straight talk - February 15, 2012 12:06 pm
    Dog owners be responsible for your pets (family). These folks are not and it's a shame because look what happens. To the City of Chippewa Falls, great job because safety certainly does come first for our Citizens. For the dog owner that didn't help out in the first place NO Sympathy for you shows a lack of character.
  5. HuskyJim
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    HuskyJim - February 15, 2012 11:01 am
    Well, it only took 8 months for the wheels of justice to grind out this decision. Now that we know how to do it, maybe it'll only take 7 the next time.
  6. 8EMUP
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    8EMUP - February 15, 2012 10:09 am
    Now that they flexed their muscles to show how big and tough they are and get to euthanize this dog, I hope their little power trip continues with the lowlife thugs and criminals that are the real problem in this city.

  7. cfman
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    cfman - February 15, 2012 8:53 am
    And those sorry excuses for pet owners get nothing? What a shame. They will probably get another dog and treat that one just as poorly and create another viscous dog.
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