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Judge throws out charge in dog bite case

By BILL RODGERS Tribune Chronicle
POSTED: May 14, 2008

NEWTON FALLS — A charge against a woman whose dog is accused of biting a boy on the throat was thrown out in Newton Falls Municipal Court, Judge Philip Vigorito said.

However, Vigorito said police can refile a charge against Donna M. Shetterly of 84 Trumbull Court.

He threw the charge out because the incident report indicated the charge should be for an animal bite, but it was filed under a charge of failing to quarantine the dog. The charge was inconsistent with the information included in the report, the judge said.

‘‘It would be like citing her with murder,’’ Vigorito said.

Shetterly pleaded no contest to the charge in court on Monday when the judge threw it out.

Police Chief Robert Carlson said Tuesday that he believed the officer would refile the case with the correct charge.

When asked if the dog could be put down depending on the case, as the family of the 9-year-old boy is calling for, Carlson said that decision was not up to police. He said he would need to talk to the Trumbull County Health Department and the prosecutor to find more information.

The dog, which did not have proof of vaccinations against rabies, was ordered to be quarantined and on a leash when outside. Karen Showers, the mother of the bitten boy, said she informed her doctor of this.

Kyle Showers, 9, said he was walking home from a friend’s house on Friday when the German shepherd-Rottweiler mix jumped a fence and attacked him. Someone at the house where the dog lives said the animal was provoked, a claim the boy and his mother deny.

brodgers@tribune-chronicle.com
Member Comments
View Comments: | 1-25 | Post a comment
Handala
05-14-08 11:06 PM
Sure shweck.

Dschweck
05-14-08 9:00 PM
Handala;Save one shell.Sounds like you are rabbid and may need some of your own medicine.Is this Drive Inn description of how tough you are supposed to impress people?I would like to chain you up to an identical twin of yours for ten days.You would want to blow your own head off by day two.You need your meds adjusted.

Handala
05-14-08 7:03 PM
Concerned...frustrating isn't it.Hmm?

Handala
05-14-08 6:56 PM
Here is all the facts I need Dshweck...Dog bites child DOG DIES!Here is another fact...Dog bites anyone in MY family dog dies!I had a German Shepard that nailed a paper boy (45 years ago).I paid the medical bills,chained the dog for 10 days then blew his head off with a double barrell 12 guage shotgun!I wouldn't put up with it from my own dog you can be dog gone sure I wouldn't from someone elses. I'm not worried...Jesus even loves fools.Hmm?

Handala
05-14-08 6:28 PM
MartyWhite; I end paragraphs with a notation of further consideration with an Hmm?You think that is retarded? Hmm?

Dschweck
05-14-08 3:13 PM
Concerned;If you are lying asleep in your home and someone breaks into your home and assults you while your dog just lays there and says,"Well,they ain't assulting me,not my job to protect my owner",I beleive you would as you stated earlier,"Beat it in the head with a shovel,then bury it with the same shovel.Show some sense here.How insane to think this way,in my opinion.You obviously have not spent much time learning the history of the relationship between man and dog.Protection,warmth and companionship.Concerned seems confused?

concerned
05-14-08 3:04 PM
And, yes, we must train our children so that they understand that many people do not train their dogs.

concerned
05-14-08 2:54 PM
How can I state this clearly?

There is only one circumstance that an attack on human would be warranted for a dog. That is when the dog itself is being attacked and cannot avoid the situation. (i.e. the dog is trapped or cornered.)

Defending what is perceived as theirs does not warrant an attack. Defending their territory does not warrant an attack. Defending their food does not warrant an attack. Defending their owner does not warrant an attack.

Dogs can be trained not to attack in these circumstances.

However, if you are not certain your dog is fully trained, you better get a bigger fence. You better make its territory IMPOSSIBLE to be encroached by humans. Otherwise, you will and should be held responsible.

miopinion
05-14-08 2:42 PM
Each attack has to be taken on a case by case basis. I like the comment that KIDS must also be trained!! In this case I would be more likely to side with the kid based on the jumping the face, but if for instance the kid went inside the fence (which happens) then the Dog wins that battle. Dogs are no different then humans they are going to protect what is theirs and children need to be taught that doggies may be cute but they should NEVER be touched without permission.

concerned
05-14-08 2:11 PM
Jumping a fence to attack is not "fear biting".

concerned
05-14-08 2:08 PM
MeccaMom, You're WRONG! All dogs can and will be vicious if they are not properly trained.

It is the reposibility of the pet owner to train and restrain their pet so that incidents like this NEVER happen.

If your dog can be provoked to viciously attack, and that is what this German Shepherd did, then you must train it or otherwise restrain it. Neither of these happened.

MeccaMom
05-14-08 2:02 PM
I agree with concerned.. people need to train their dogs.. but people also need to train their KIDS!!!

MeccaMom
05-14-08 2:01 PM
These kids think that because a dog is behind a fence they can torture and tease it all they want because hey, the dog cant get out.. uhm.. sometimes if you irritate the dog enough he will accomplish the impossible and jump the fence and gnaw on you a little... German Shepherds are not vicious by nature, they are fear biters.. so in order for a GS to take off, jump a fence and bite somebody there IS a reason.. they dont do it for fun. I can understand both sides of this.. if it were my kid I would be beyond mad.. but if my kid was teasing the dog.. its his own fault..

concerned
05-14-08 1:59 PM
The dog acted like an untrained dog. Domesticated dogs must be trained or they simply revert to their wild nature.

This dog is definately a threat. It is unfortunate that it did not have owners smart enough to train it. Now it will likely pay the ultimate price for their stupidity.

The owners should be charged to the fullest extent of the law. Not only did they endager the life of a child. They likely cost their own dog it's life.

Billdog
05-14-08 1:48 PM
The dog acted like a dog. The owner should die and the dog be given to someone smarter than it.

concerned
05-14-08 1:23 PM
Handala, I actually like your "Hmm?" It a good tag line and it does provoke thought.

I definately agree with you on this one. It doesn't matter what the nine year old did. The stupid dog jumped the fence. Therefore, it was not adequately restrained.

The owner should pay and the dog should die. It is a danger to the community.

MartyWhite
05-14-08 12:27 PM
Hmm, will handala continue to be a retard? Hmm!!!

MartyWhite
05-14-08 12:25 PM
Handala, why do you have to end every sentnce with Hmm? From here on out if you continue to use Hmm I will consider you a retard. So keep using Hmm,......MMM KAY!!

Dschweck
05-14-08 11:43 AM
Handala;You are conspiring to assist,give advice on the killing of someones animal,before you have the facts that the police do not even have yet.You "Jumped" the fence with this Insane post.I thought you enjoyed stirring the pot with your wisdom.Now I can only hope you land in court for this pathetic suggestion.You sound well versed on how to make this "Killer Meatball".You are more of an animal then the dog who probably did nothing short of acting like a dog does when it is encroached on.Now,Jesus even thinks your a fool!

Handala
05-14-08 11:41 AM
I appreciate you being concerned, Concened.But the thought of a child being chewed on and ANYONE defending the DOG just doesn't warrant any further thought which is what my Hmm? is suppose to represent.Hmm?

concerned
05-14-08 11:35 AM
Handala, By the way, you forgot your "Hmm?" in your last post.

concerned
05-14-08 11:34 AM
My opinion is hit the dog in the head with a shovel and use the same shovel to bury it.

Handala
05-14-08 10:39 AM
You obviously don't know how a child suffers with a dog knawing on their face!The Law of Survival supercedes ALL OTHERS!

jot42361
05-14-08 10:18 AM
You obviously don't know how an animal suffers after ingesting antifreeze. Lowering one's self to the level of the dog's owner isn't the answer. We have laws in this country for a reason.

Handala
05-14-08 9:11 AM
There needs to be a "Zero Tolerance" for animals attacking humans.If the Court doesn't order the dog put down an endagered neighbor should consider an antifreeze meatball treat for "Bear!" Let him maul on that!Hmm?

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