The Town of Hempstead has confirmed that Lawrence Kelly, the owner of Duke -- the bulldog that is alleged to have participated in an attack with two Rottweilers on a 4-year-old boy -- has rescinded his request to have the dog euthanized.
In accordance with state law, the town will now conduct a dangerous-dog hearing.
The two Rottweilers involved in the attack were euthanized last month after Kelly waived his right to a hearing.
Before Kelly withdrew his permission to euthanize Duke, Long Island Bulldog Rescue and the Nassau County ASPCA were fighting to get "standing" in order to advocate for the 1-year-old neutered bulldog. The issue was before appellate court, and there was a protest planned for this evening (Tuesday, June 6) at 6:30 p.m. at Hempstead Town Hall in support of Duke.
For more details, visit www.longislandbulldogrescue.org.
Comments (16)
I briefly perused the link provided. I am curious why the owner is not involved in the fight to save Duke. I don't like making decisions without all the facts. What evidence is there that Duke was/was not involved in the attack?
FL Linda - Here is the story out of Newsday I found. Thought it might help answer your question. It seems nothing is mentioned about the bulldog attacking. In fact, it appears only one the dogs was really aggressive. Surely with all these people they can say which dogs were involved. Hope so. At least we know all the facts will be presented to the Court and a fair decision made.
---------------------
Story as reported in Newsday, April 29, 2006
BY DENISE M. BONILLA
STAFF WRITER; Staff writer Collin Nash contributed to this report.
April 29, 2006
A 4-year-old boy was hospitalized in guarded condition Friday night after one of his ears was nearly severed in an attack by a rottweiler as he walked with his grandparents in East Meadow, Nassau police said.
The grandfather also was hospitalized with chest pains after the attack just before 2 p.m. on Barkley Avenue.
The grandparents, whom police did not name, were with the boy, who neighbors said is named Matthew, and their 14-month-old granddaughter in a stroller when three dogs - a male and female rottweiler and a bulldog - approached them, said Sgt. John Buckley of Nassau's First Squad.
The dogs were in a nearby enclosed backyard, but apparently pushed open a gate, he said, so no criminal charges have been filed.
The family tried to retreat to the nearby home of the boy's parents, but one of the dogs attacked the boy, Buckley said.
The dogs jumped and bit at the family, knocking them to the ground, then chased them up their driveway, through the back-door vestibule and into the kitchen, he said.
While the grandmother protected the granddaughter, the grandfather tried to hold the boy aloft to avoid the dog's jaws, but one rottweiler named Jasmine tore into him, Buckley said. The dogs eventually retreated from the home on their own, he said.
Next-door neighbor Mitchell Shapiro was in his basement when he heard screaming and ran to his front door. When he opened it, he said he saw a rottweiler standing there.
"Right away, I'm thinking baseball bat or shotgun," he said. He took a baseball bat and tried to shoo the dog away, he said, but it did not move far.
Police showed up and directed what appeared to be pepper spray at the dog, Shapiro said, but the dog still did not move. Only when its owners pulled up in a truck did the dog leave, jumping into the truck with the other rottweiler, he said.
Matthew was admitted to Nassau University Medical Center with large cuts to his forehead, eye and cheek and bites to his torso and buttocks, Buckley said. Both ears were injured, he said, and the boy's right ear was torn down to the lobe.
Matthew was in guarded condition Friday night, said hospital spokeswoman Shelley Lotenberg. Matthew's grandfather, who Shapiro said was visiting from Ecuador, was in stable condition, Lotenberg said.
All three dogs were confiscated by the Town of Hempstead animal control.
The dogs' owner, whose name was not released by police, lives at 712 Buchanan Road, Buckley said, around the corner from the attack.
Buckley said one of the rottweilers was cited in January 2004 for killing a neighbor's pet rabbit, but it is not clear yet if the dog was Jasmine. A civil judge had placed restrictions on the dog, Buckley said. The investigation will continue
I would think that it wouldn't be very difficult in proving which dog(s) attacked the boy. Shouldn't molds of the bite marks be taken in the hospital or at the very least photos. The look of a rottweiler bite is very different than that of a bulldog (i.e. teeth position, jaw width, etc.).
good idea Jess - how would you get that idea to the powers that be? That could be the proving point for Duke to get off.
Maybe e-mail the suggestion to that website for the bulldog association battling. That is a very good idea.
Thanks for the article Kathleen.
I wonder why the owner of the dog doesn't give Duke to the bulldog society so that Duke is now their "property." There must be some legal stuff that prevents that or causes problems with that or I think (hope?) it would have been done.
I read that the reason Duke is a "suspect" is because when the grandfather got the little boy up to the family's door, the boy's mother came out and grabbed him from the grandfather's arms. The mother says that Duke was biting at the boy's legs at that time. I don't know if there were actual injuries to the boy's legs from Duke. I know the other two dogs were the main suspects as being the ones who caused the bites reported in the Newsday article Kathleen C&P'd above.
I understand that the mother of the boy is not satisfied that only the rottweilers were killed and wants the bulldog killed too. The powers that be are keeping this wish in mind as she is the victim's mother and the poor kid was hurt really bad. Of course checking the bite marks would be the way to prove something, but nobody in charge is making a move.
My gut instinct on this is that if there were provable injuries caused by Duke, he would have been euthanized immediately right along with the rotties. The fact that they didn't take this step shows that there was doubt from the very beginning.
Tara from LI
"The Town of Hempstead has confirmed that Lawrence Kelly, the owner of Duke -- the bulldog that is alleged to have participated in an attack with two Rottweilers on a 4-year-old boy -- has rescinded his request to have the dog euthanized."
Obviously, my reading comprehension skills were not functioning when I posted 6/06/06 at 12:10 p.m.
The owner of Duke is a jerk. He allowed the dogs to get out and allowed them to be put to death. No wonder he didn't car about Duke. I'm guessing tremedous public pressure as well as the society convinced him to recind his decision. Thank goodness, now hoperully they will be able to temper test Duke- if he is vicious- so be it, but if he isn't there are many loving poeple out of state that want to adopt Duke and let him have a good life.
However here's todays article from Newsday -
http://www.newsday.com/news/local/longisland/ny-liduke0607,0,796958.story?coll=ny-top-headlines
Bulldog's owner reverses stance
BY CARL MACGOWAN
Newsday Staff Writer
June 7, 2006
Every dog has his day, and yesterday Duke had his.
In a surprising turn of events, the owner of the English bulldog accused of mauling 4-year-old Matthew Henriques of East Meadow rescinded his decision to allow the dog to be killed. The Town of Hempstead, which had intended to euthanize Duke, will instead request a hearing to determine whether the dog lives.
In a notarized letter dated Monday and addressed "To whom it may concern," Lawrence Kelly of East Meadow said he turned Duke over to the town because he couldn't afford to have the dog examined and didn't want to put the Henriques family "through any more suffering.
"Since the day I picked Duke up from the pet store, he has been nothing but a loving and affectionate dog," Kelly wrote. "He has given me, my family and my friends no reason to believe that he was a danger to us or anyone around him. ... I believe Duke deserves a fair chance to live."
Last month, Hempstead officials canceled a dangerous-dog hearing when Kelly allowed the town to put down three dogs allegedly involved in the April 28 attack. Kelly's two rottweilers were euthanized May 9, but Duke's life was spared when a Stony Brook rescue group petitioned to save him.
Town of Hempstead spokesman Mike Deery said yesterday the town would comply with Kelly's decision to give the dog another chance. "His consent was the basis upon which the dog was going to be euthanized," he said. "The town is going to file another dangerous-dog hearing. The dog will have his day in court."
The hearing will be held in Nassau County District Court. Deery said a date has not been set.
Matthew is recovering at home from injuries to his legs, torso, cheek and ear. An attorney for his parents did not return calls seeking comment.
Laurette Richin, executive director of Long Island Bulldog Rescue, which sued to keep the town from euthanizing Duke, said Kelly's letter came as a surprise.
"The letter is touching," she said. "I think he's brave and loved his dog. ... I think it took a lot of courage for him to come out like that."
Copyright 2006 Newsday Inc.
I am glad the dog's owner finally stepped up to the plate! Now Duke can have his hearing and hopefully be found NOT to be a dangerous dog!
I wonder if the mauling victim's family is going to go to the hearing and protest and/or testify (as per a story I read in the NY Daily News). Here are some pertinent excerpts:
Hours before he was to be put down, Duke the English bulldog was granted a stay of execution yesterday after a dog rescue group questioned his role in the mauling of a 4-year-old Long Island boy.
The two Rottweilers also owned by Duke's master weren't as lucky. The Hempstead Animal Shelter euthanized them as scheduled yesterday, town spokesman Mike Deery said.
"I don't think this group understands what this dog did," said lawyer Myles Tintle, who represents victim Matthew Henriques of East Meadow.
The boy's mother, Carina Henriques, is stunned by the legal fight. "She's surprised that anybody would provide these dogs with another opportunity to hurt a child," Tintle said.
Regards,
Tara
Man - with the boy's mother feeling like that - it is gonna be extra hard for Duke - hopefully tho, since he has been granted a stay - they can find that he isn't a threat and get him out of the state and into a happy, loving home.
More good news:
The Bulldog rescue was "VERY CONCERNED ABOUT DUKE'S EMOTIONAL AND PHYSICAL WELL BEING AND ARE ATTEMPTING TO NEGOTIATE HAVING SOMEONE WALK AND SPEND SOME TIME WITH HIM. HE HAS BEEN IN ISOLATION, AND HAS NOT HAD A WALK FOR 5 WEEKS."
but then got this email:
Laurette just got off the phone with the SPCA inspector, Robert Sowers...he will be allowed to visit Duke every day, for walks and play! Kate Murray, Hempstead town Supervisor said it was ok...lets thank her. Please send her an email thanking her.
Big thanks to SPCA inspector Robert Sowers, and Jeff Kolbjornsen from Elite Animal Trainers. Their sincerity and experience were a major part in making this happen.
So if you can please email Spvsr Kate Murray to thank her:
http://www.townofhempstead.org/content/home/contact.html#helplineform
my email has been sent :) Thank you Lydia for providing this link and update.
my email has been sent :)
Keeping the faith for Vivi and all in Texas
Sent the e-mail and hope Duke will be rescued and put in a loving home far from there. Keeping the faith for our pups and waiting for the good news.
Kate Murray rocks! I sent her an email too! TY for the handy link!
I have a thought about the boy who was mauled. After this experience, he may very well end up a person who hates and/or fears dogs. Right now he is probably so scared and confused in his little 4 year old mind.
I wonder if it would be good if someone who has a therapy dog would offer to make visits to him. I think that would help the little guy by bolstering his confidence around dogs.
Regards,
Tara