OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Dangerous Dog Hearing - April 24, 2026

City CouncilFriday, April 24, 2026
BodyEvansville, Indiana
SessionCity Council
DateFriday, April 24, 2026
StatusFILED
Video Record
0:00 / 1:16:52

Transcript — Verbatim
0:01

Our attorney will uh read through the instructions and procedures as to how pardon.

0:11

Okay.

0:12

We'll let Heather Oh.

0:15

Yay.

0:17

Okay.

0:19

Okay.

0:20

Uh we do have a quorum just walked in.

0:22

Um Heather, would you call to order, please?

0:28

Camera.

0:29

Here.

0:30

Bill.

0:32

Leanne here.

0:33

Kindle.

0:34

Here, Linda.

0:35

Here, we have a quorum.

0:37

Thank you.

0:37

All right.

0:38

We have a quorum, and uh we will let our attorney Mr.

0:42

Boykin start off with his part.

0:46

Or do we do the He starts?

0:52

Okay, thank you.

0:56

All right, good afternoon, everybody.

0:58

Before we get started, I want to make sure that all the parties are present for a dangerous dog hearing.

1:07

Um my understanding is that we have Emma Jean Couture, if I pronouncing that correctly.

1:13

And uh Danielle Gomez.

1:17

Alright.

1:18

So my name is Andrew Boykin.

1:20

I am an assistant city attorney.

1:24

Although I'm an attorney, I'm not an advocate for either side today.

1:29

My job is to ensure that this uh hearing today follows the city ordinances.

1:38

And I have been asked by the commission uh to do exactly that.

1:42

So I'm not the judge of any evidence presented today.

1:45

Uh solely acting as a moderator, and again, just to make sure that uh the proper process is followed so that the outcome of today's hearing is uh just and fair for all sides.

1:57

The commission shall weigh all the evidence and make a decision as to whether the animal subject to the dangerous dog complaint filed by Ms.

2:06

Couture is a dangerous dog.

2:11

There are a lot of people up here on the dais, so each of the commissioners, if you could please raise your hands at this time to make it known to our audience members who here today will be participating in weighing the evidence and decision making.

2:28

Thank you.

2:29

So as I just explained, all the commissioners present today will be the ones weighing the evidence and making the decision.

2:39

The Animal Control and Education Commission is authorized pursuant to Evansville Municipal Code 605150 to declare an animal to be a dangerous animal.

2:50

The commission shall review the evidence and render a decision to declare whether the animal is dangerous.

2:57

A dangerous animal means any animal which presents a substantial threat of bodily harm to any person or pet in its vicinity, or if it were to escape its primary enclosure or escape from the control of its owner or custodian.

3:12

Such determination is to be made from past acts of aggressive behavior justifying the determination that it is indeed a dangerous animal.

3:22

A dog's breed shall not be considered in determining whether or not it is dangerous.

3:28

Again, a dog's breed will not be considered in determining whether it is dangerous.

3:36

And I ask at this time that all parties and potential witnesses present today do their best to refrain from referencing the dog's breed.

3:47

Very important.

3:49

Now an animal may not be declared dangerous if one the animal was protecting or defending a person within the imminent vicinity of the animal from an attack or assault.

4:04

Two, at the time the recipient of the attack was committing a crime or offense upon the property of the owner or custodian of the animal.

4:12

Three, the recipient of the attack was teasing, tormenting, abusing, or assaulting the animal, or in the past had teased tormented, abused, or assaulted the animal.

4:23

Four, the animal was attacked or menaced by another animal, or the animal attacked was on the property of its owner or custodian.

4:32

Five, the animal was responding to pain or injury, or protecting itself, its kennels, or its offspring.

4:39

Or six, the person or domestic animal was disturbing the animal's natural functions, such as sleeping or eating.

4:48

And neither growling nor barking, nor both shall alone constitute grounds upon which to find an animal to be dangerous.

5:00

So that's the substantive part of today.

5:02

Now for the procedure.

5:04

I'm going to outline today's hearing process and just lay down some ground rules for how we will proceed this afternoon.

5:12

The parties may provide any evidence they wish the commission to hear, including any witnesses, pictures, or video they may have.

5:21

Any pictures or videos must be in a form readily able to be transmitted to the commission to keep.

5:27

Any evidence submitted to the commission in the form of an exhibit, like a tangible document, will be kept by the commission and will not be returned to the parties at the conclusion of these proceedings.

5:41

If the evidence you wish cannot be transmitted to the commission, the commission may not consider it.

Discussion Breakdown — Share of Meeting
Animal Welfare█████████████████████████████████████████████97%
Housing Code Enforcement2%
Procedural1%
Summary of Proceedings

Dangerous Dog Hearing - April 24, 2026

The Evansville Animal Control and Education Commission held a hearing to determine whether the dog named Tokyo, owned by Danielle Gomez, should be declared a dangerous animal following an attack on a smaller dog on April 12, 2026. The complainant, Emma Jean Couture, testified that her dog Zoe was severely injured when Tokyo broke through a fence and attacked. After hearing testimony and reviewing evidence, the commission unanimously declared Tokyo a dangerous dog and imposed a series of restrictions.

Public Comments & Testimony

  • Complainant Emma Jean Couture (420 East Buena Vista Road) testified that on April 12, 2026, around 5:15–5:30 p.m., she was cutting irises in her yard with her small dog Zoe (under 10 pounds) nearby. She heard a crash and saw the neighbor's large dog burst through a section of fence and charge onto her property. Zoe ran toward the dog and was grabbed by the back end and flailed in the air. Couture yelled and waved her hands, causing the dog to drop Zoe. Couture then picked up Zoe and retreated to her house. Zoe sustained a deep gash that punctured her abdomen, multiple gashes and tears requiring stitches, and leg damage causing her to be non-weight-bearing on that leg. Emergency veterinary care cost $3,000. Couture expressed fear of the dog and noted previous aggressive barking and a prior hole in the fence. She also stated that a mail carrier had expressed fear of the dog. She presented photos of the fence condition and Zoe’s injuries.
  • Richard Couture (husband) testified that Zoe is very important to him and has not been able to jump into his lap since the attack. He noted that about six months earlier he had called Danielle Gomez about the poor condition of the fence, fearing it would fall over. He also mentioned the mail carrier’s comment about being afraid of the dog.
  • Respondent Danielle Gomez (414 East Buena Vista Road) testified that her dog Tokyo is a large rescue dog, an indoor dog who only goes outside at certain times. She stated Tokyo has never attacked another animal before and that family members bring their dogs over without issue. She explained that the fence damage was caused by her ex-husband ripping off pickets, and she had temporarily covered holes with cattle panels and chicken wire. Since the incident, she has put Tokyo on a 20-foot lead to prevent escape. She did not know if Tokyo is spayed or up-to-date on vaccines. She said the dog is sweet and protective of her five children.
  • Michael Ringham (father of Danielle Gomez) testified that he has never seen Tokyo act aggressively; the dog barks but backs away. He brings his 30-pound dog to the house without problems.
  • Animal Control Superintendent Heather reported that the address has a history of reports since 2019, including a 2023 bite involving Tokyo, where Tokyo was quarantined at home. The 2023 bite occurred when Tokyo bit her son after he put his hand in her mouth during a scuffle with another dog. The superintendent also noted that Gomez refused to voluntarily surrender Tokyo before the hearing, citing concerns about the dog’s depression in a shelter setting.

Discussion Items

  • The commission discussed the evidence, including Tokyo’s escape and attack on Zoe, the severity of injuries, the history of a prior bite, the poor condition of the fence, and Gomez’s inability to provide vaccination or spay records.
  • Commissioners expressed concern about the risk of future escapes and attacks on other pets. They noted that Tokyo may have barrier aggression and that the fence is not secure.
  • The commission voted unanimously to declare Tokyo a dangerous animal (motion by Kindle, second by Tamara).

Key Outcomes

  • Tokyo was declared a dangerous dog (no bodily injury to a human involved).
  • The commission imposed the following restrictions under Evansville Municipal Code 6.05.150:
    1. When outdoors, the animal must be attended and kept within a fenced area from which it cannot escape.
    2. When off the owner’s property, the animal must be attended and kept on a leash no longer than six feet and under the control of a person 18 years or older.
    3. Placement of a "Beware of Dog" sign at the front of the property (and any other public approach areas).
    4. Spaying of the animal at the owner’s expense (unless medically contraindicated).
    5. Permanent identification by microchip or tattoo.
    6. Failure to comply with conditions may result in a fine of up to $2,500.
    7. If a further attack occurs and Tokyo is again determined dangerous, humane destruction may be ordered if the incident involves serious injury to a person.
  • Both parties have the right to appeal the decision within 10 days to Vanderburgh County Superior or Circuit Court by verified complaint.

Meeting Transcript

Our attorney will uh read through the instructions and procedures as to how pardon. Okay. We'll let Heather Oh. Yay. Okay. Okay. Uh we do have a quorum just walked in. Um Heather, would you call to order, please? Camera. Here. Bill. Leanne here. Kindle. Here, Linda. Here, we have a quorum. Thank you. All right. We have a quorum, and uh we will let our attorney Mr. Boykin start off with his part. Or do we do the He starts? Okay, thank you. All right, good afternoon, everybody. Before we get started, I want to make sure that all the parties are present for a dangerous dog hearing. Um my understanding is that we have Emma Jean Couture, if I pronouncing that correctly. And uh Danielle Gomez. Alright. So my name is Andrew Boykin. I am an assistant city attorney. Although I'm an attorney, I'm not an advocate for either side today. My job is to ensure that this uh hearing today follows the city ordinances. And I have been asked by the commission uh to do exactly that. So I'm not the judge of any evidence presented today. Uh solely acting as a moderator, and again, just to make sure that uh the proper process is followed so that the outcome of today's hearing is uh just and fair for all sides. The commission shall weigh all the evidence and make a decision as to whether the animal subject to the dangerous dog complaint filed by Ms. Couture is a dangerous dog. There are a lot of people up here on the dais, so each of the commissioners, if you could please raise your hands at this time to make it known to our audience members who here today will be participating in weighing the evidence and decision making. Thank you. So as I just explained, all the commissioners present today will be the ones weighing the evidence and making the decision. The Animal Control and Education Commission is authorized pursuant to Evansville Municipal Code 605150 to declare an animal to be a dangerous animal. The commission shall review the evidence and render a decision to declare whether the animal is dangerous. A dangerous animal means any animal which presents a substantial threat of bodily harm to any person or pet in its vicinity, or if it were to escape its primary enclosure or escape from the control of its owner or custodian. Such determination is to be made from past acts of aggressive behavior justifying the determination that it is indeed a dangerous animal. A dog's breed shall not be considered in determining whether or not it is dangerous. Again, a dog's breed will not be considered in determining whether it is dangerous. And I ask at this time that all parties and potential witnesses present today do their best to refrain from referencing the dog's breed. Very important. Now an animal may not be declared dangerous if one the animal was protecting or defending a person within the imminent vicinity of the animal from an attack or assault. Two, at the time the recipient of the attack was committing a crime or offense upon the property of the owner or custodian of the animal. Three, the recipient of the attack was teasing, tormenting, abusing, or assaulting the animal, or in the past had teased tormented, abused, or assaulted the animal. Four, the animal was attacked or menaced by another animal, or the animal attacked was on the property of its owner or custodian.

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