Dog accused in fatal attack gets execution stayed
Staff
writer
LONG BEACH Ñ Tucked away at the Long Beach animal shelter
in an area marked "Employees Only," a black Labrador retriever-mix
named Shadow sits in a cage that, for her, amounts to a cell on death row.
Labeled a
"vicious animal," Shadow was ordered to be euthanized after an
administrative officer found that she fatally mauled a 14-pound Sheltie mix at
a Long Beach dog park last summer.
But, in a
remarkable turn of events, Shadow this week won a temporary stay of execution
from the California Second District Court of Appeal, and her owner has
submitted declarations from an impressive cadre of public officials including a
former governor, a federal judge and a retired California Supreme Court justice
in an attempt to save the dog's life.
"In
terms of the effort that's been expended on behalf of the dog, it's
unique," City Attorney Robert Shannon said Wednesday. "It's probably
unique in California. It's certainly unique in Long Beach."
Responsibility for the torrent of legal activity surrounding
the unwitting canine lies at the feet of her owner, Donald Caffray, a prominent
Long Beach attorney for more than 50 years. Caffray, now in his 70s, said he
enlisted declarations from former Gov. George Deukmejian, U.S. District Court
Judge Dickran Tevrizian and retired California Supreme Court Justice John
Arguelles to bolster his credibility and demonstrate his character.
"It's an
extremely unhappy, unfortunate set of circumstances we have here," Caffray
said. "I can't imagine how this thing has swollen out of proportion,
however, I have to bring out the truth."
The truth, it
seems, is a matter of debate.
Caffray
contends that his 4-year-old dog an 80-pound mix of Labrador retriever and
Doberman pinscher has been wrongly accused, denied due process and punished too
harshly. He said he loves his dog, considers her a member of his family and
wants to see her given a chance at rehabilitation.
Meanwhile,
city officials handling the municipal case maintain that Shadow is beyond
rehabilitation.
Deputy City
Attorney Cristyl Meyers said the dog has bitten at least two people and two
dogs over the last two years. Despite several restrictions placed on the dog
including a requirement that he wear a 6-foot leash and muzzle in public at all
times Shadow was able to maul Samantha, an 11-year-old Sheltie mix owned by
Rebecca Gershenoff and Kari Barba, at the Long Beach Recreation Dog Park in
June.
"What
makes me so angry is that he knew (his dog was dangerous) and he had these
stipulations and he ignored them," Gershenoff said. "If he would have
been responsible and followed the rules, this would have never happened."
She added:
"I want him to be held responsible for what he's done."
Already, the
case has garnered far more time and attention than a normal vicious-dog case.
And that's mostly due to Caffray, who is no stranger to legal wrangling.
A founding
member of the local chapter of the American Inns of Court, an organization that
promotes ethics in the courtroom, Caffray has amassed a litany of influential
friends and colleagues in the legal community.
Among the
seven people who offered declarations to the appellate court last month, four
of them vouched for Shadow's docile, friendly nature. The remaining three
Deukmejian, Tevrizian and Arguelles made no mention of Shadow.
Deukmejian
stated that Caffray has "always been known for his truthfulness and
integrity," Tevrizian said Caffray has a "well-deserved reputation in
the legal community." And Arguelles said Caffray's "integrity and
honor have always been above reproach."
Caffray said
he asked for the declarations to point out that he is a "longtime
honorable, truth-telling, respected citizen of the community," in light of
the fact that his credibility has become an issue in the case.
'Vicious' finding
In September
2003, Shadow was found to be "vicious" after testimony in an
administrative hearing showed that the dog, while running free in Caffray's
Long Beach neighborhood, bit two adults on two separate occasions in April and
May of that year.
The
administration officer, Long Beach Animal Control Bureau Manager Roger
Hatakeyama, placed several restrictions on the dog, including a requirement
that Shadow be muzzled and leashed at all times when off the owner's property.
Then, four
months later, Shadow was in trouble again.
A second
administrative hearing was held to determine whether she attacked another dog
being walked on a leash by a 13-year-old boy. This time represented by two
high-powered local attorneys, Edward George and Robert Jarchi, Caffray disputed
the allegations but failed to persuade the hearing officer of Shadow's
innocence. Wesley Moore, of the Animal Control Bureau, placed even greater
restrictions upon Shadow, instructing the owner to erect electronic fencing
around his property and to enroll the dog in obedience classes, among other
things.
Less than a
year later, according to city officials, Shadow killed Samantha.
A third and
final administrative hearing was held at Long Beach City Hall to determine
whether Shadow should be euthanized.
On June 12,
according to city officials and testimony entered during the three-day hearing,
Shadow jumped a relatively short fence dividing two areas of the Seventh Street
dog park and mauled Samantha so badly that muscles were torn from the back of
her neck.
The dog
walker caring for Samantha at the time drove her to a veterinary hospital; but,
as her owners rushed back from a vacation in Hawaii, Samantha died from her
injuries, records show.
Agreed to pay
Caffray, who
provided his name and phone number to the dog walker and, at the time, agreed
to help pay the medical bills, later maintained that he never saw the attack
and does not believe his dog was at fault. He said he offered to pay the
medical bill only to be a good citizen.
The hearing
officer in that case, an attorney named Bruce Greenberg, ordered that the dog
be destroyed.
Caffray appealed
the decision to Los Angeles Superior Court and, later, the Second District
Court of Appeal. He alleges that the administrative process has been tainted
because the first two hearings, at which his dog was labeled vicious, should
have been conducted by attorneys not by the city's own animal control
officials.
"The
reason that my dog was accused," he said, "was because she had this
designation of vicious improperly."
Whether Caffray can win Shadow's life
back is doubtful, some officials say. But he did manage one small victory this
week when the appellate court issued an immediate stay pending the next hearing
in the appellate court, scheduled for Feb. 14.