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.

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

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

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

So that's the substantive part of today.

Now for the procedure.

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

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

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

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.

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

So it will not review photos or videos on cell phones or tablets because the commission cannot keep them.

So unless you brought a burner phone with you here today for the limited purpose of uh, I guess giving photos to the commission, uh you're gonna be in a tough spot.

So first, the complainant shall present her testimony.

The commission may ask any questions at that time, but it will not offer any further comment on the evidence.

Then, after she presents her evidence, then the respondent, Danielle Gomez will be able to present her testimony and respond to the complainant's testimony.

Again, the commission may ask any questions of the respondent after the presentation of her evidence, but it will not offer any further comment.

After respondent has presented her evidence, then complainant will have the opportunity, the opportunity, and is not required to offer any additional evidence in response to respondent's testimony.

Thereafter, respondent will have the opportunity, but is not required to offer any additional evidence in response to complainant's rebuttal testimony.

Now just ask that any members of the audience do not speak from their seats.

All testimony must be conveyed to the commission from the podium.

It's a formality we have to observe.

I also ask that each party refrain from speaking when another person is speaking from the podium or while any member of the commission is speaking.

Um as I explained, each party will have the opportunity to address the commission.

So understand that if you hear somebody say something you don't agree with, your impulse is immediately to get up and say, Well, wait, uh, but just have to wait your turn to speak.

And just please speak clearly into the microphone loud enough for everybody to hear.

The first time you address the commission from the podium, you need to state your full name and address for the record.

And any time you return to the podium, just restate your full name so that the record can clearly show who is speaking.

I also ask that each party and their witness speak and act with respect towards the other party.

Myself and the commission during this hearing, all goes without saying.

And after the commission has rendered their decision.

Once testimony from the complainant and respondent and any witnesses have concluded, the president shall ask the animal control superintendent to deliver the report from the animal control department.

Thereafter, the president will offer the floor to any person on the commission to comment on the evidence that's been presented this afternoon.

The commission, if necessary, may ask any further questions of either complainant or respondent.

Once the complainant and respondent have each had the opportunity to present testimony, any rebuttal testimony, and the commission has concluded all questioning of the parties, the evidence will be considered closed and no further testimony, evidence, or comment from the parties may be considered during their deliberations.

And then at that time, the commission will then deliberate and determine whether the animal subject to the dangerous dog complaint is a quote dangerous animal.

This determination is made upon a preponderance of the evidence standard, and that's legal jargon for more likely than not, sometimes expressed as 51% over 49% is the uh threshold.

That the complainant needs to meet.

If injury to a person was involved, the commission will also deliberate and determine whether the injury suffered by the person was a serious bodily injury.

Now I've read the complaint and I did not see anything in it about injury to a person.

Is that correct?

I'll just skip that whole paragraph there.

Based upon these findings, uh we will address any restrictions that may be imposed upon the animal.

Again, that's if it has been determined to be dangerous.

Both parties have the right to appeal the Commission's decision today.

Do have the right to appeal, and if appealed, that must be done within 10 days of the decision to either the Vanderburgh County Superior Court, the Vandenberg County Circuit Court, or by and you would uh make that appeal by what's called a verified complaint.

So 10-day deadline, very strict, no exceptions to that.

With all that out of the way, we will now proceed with the hearing.

Uh and we will start with the complainant, Ms.

Gottor.

Yes.

They need to be sworn in.

Yes.

And so we will start with everyone here who intends to offer testimony today.

Uh please stand and raise your right hand so that you may be sworn in.

Yes, if he's going to testify, then yes.

Just sit down and we'll wait for Brand to get back here.

All right, thank you, sir.

So we're gonna get started by swearing in anybody who intends to offer testimony today.

So I'll say again, any person desiring to give testimony today, please stand and raise your right hand so that you may be sworn in.

Do you swear or affirm that the evidence you shall give shall be the truth, the whole truth, and nothing but the truth?

I do.

All right, thank you.

Okay.

Um I'm gonna read the dangerous animal complaint form uh information here, as we have already been told Emma Jean couture, and Daniel Gomez is the complaint, and Daniel Gomez is the animal owner.

Uh uh.

The date and time of the incident, April 12th, approximately 5.15 to 5.30 p.m.

Uh at 420 East Bunavista, area behind the garage, and above the stone wall.

Was a bite report completed?

Yes.

Were there any humans injured?

No.

Um any animals injured as a result of this incident?

Yes.

Um details of the extent of the injuries and medical care received for the dog that was attacked uh allegedly.

Uh treated at emergency clinic on Hottabak, deep gash inside that punctured abdomen, multiple gashes and tears requiring stitches, leg damage so that the dog is not walking on it.

Uh did you file a previous report with animal control?

Not until the 12th.

Uh Officer Varilla took the report.

And the statement of the incident is.

Okay.

Um I was in an area behind the garage cutting iris to take inside the house.

Our small dog was with me.

Neighbor's dog was at the fence barking at us.

Within seconds, I heard a crash.

The dog burst through the fence at a section further down.

The dog came charging on the area above the rock wall.

My dog had spotted the dog and ran around the wall to head up where the dog was coming.

The next thing I know, my dog was in the large mouth dog's mouth being flailed around as if it were a toy.

I started yelling and waving my hands to get the dog to release our dog.

Fortunately, the big dog dropped our dog and faced me.

I was afraid of being attacked, but kept yelling for the dog to stop to go home.

It backed up enough for me to grab our dog and head to the garage for safety.

My dog was alive but bleeding, so I went in the house and did not pay attention to where the big dog went.

My husband did call the neighbor to report the attack.

The dog barked at us aggressively on many other occasions, but this is the first attack, but not the first time the dog came through the fence.

Do we have enough to I'm not sure how do we make a motion for um dangerous dog hearing?

A motion for dangerous dog hearing.

Do I have a second?

I second.

All those in favor, please say aye.

Aye.

We have um a motion and uh to proceed.

So back to Mr.

Boiken.

Thank you.

So Ms.

Freeman, having read the complaint and the uh commission having decided to move forward with today's hearing, uh Ms.

Couture.

You may now begin with your testimony.

So please step out to the podium and state your full name and residential address for the record.

My name is Zimma Jean Kitcher.

I live at 420 East Buena Vista Road.

It's at Evansville, Indiana.

Okay.

Yes, ma'am.

So just if you'd like to uh fill in more or tell us more about what happened, uh maybe give us the dog, your dog's name, and if you know the other dog's name, that would be great.

Okay.

Um I do not know the other dog's name.

This is a picture of my dog Zoe, since I referred here.

DG do.

Since I referred to my dog as little, just see she's less than 10 pounds.

Sorry, first, can you just uh present that to Miss Gomez?

She just needs an opportunity to look at it.

Okay, so she's um and I do not know the other dog's name.

I mean, I've seated frequently because of a hole in the fence that was partially repaired.

Um I need to show Danielle first and then Yeah, if you have any evidence you want the board to view, you'll have to show um Miss Gomez first.

If she has any objections, we'll note that and then we'll pass it to the board.

Okay.

Ms.

Gomez, any objection to the exhibits that you were just shown?

All right, let the record reflect that respondent has no objection to the exhibits of complainant.

Okay.

Um, the first picture shows the area in the fence that had been broken through previously, and it was repaired with some wire fencing.

And that's the area where the dog frequently would be barking at us, whether it was whatever time of day if I went out to get the mail, whatever.

The second picture shows the condition along the fence, and uh in some cases uh what holds the fence up is vines and other things.

The third picture uh is the area at the end where the dog broke through.

Um I heard the cracking, I heard it coming.

And uh my little dog who had been right there with me with the iris when she heard that, and and I frequently have said to her, no, no, but it happened so fast, and the dog was gone.

And the next thing that I knew, um the dog was flying through the air.

Um it had a hold of Zoe's back end, and uh I just I would sorry.

I thought Zoe would be dead.

But I went up and screamed and waved my iris at the dog because I didn't have anything.

And she put the dog down and I was able to pick her up and take her in the house.

The next three pictures will show you her injuries.

Part of it.

I don't have a picture of the back leg that she still is not using, but I want you to see these.

Yes.

Okay.

One of them is just a one-page report.

Zoe spent the night at the emergency because they needed to just attend to her.

They had wanted, they did x-rays and blood things, and they also, because of the puncture into her abdomen, they wanted to open her up to see if her organs were okay.

But that was going to be an additional $3,000.

There was no sign of internal bleeding at that point.

I mean, she's bleeding, but internally.

So we decided not to do that procedure at the time.

And we think it was a good decision.

She seems to be making progress.

Any objection to the exhibits you were just shown?

Let the record reflect that respondent has no objection to the exhibits offered by a complainant.

Oh, and I guess I didn't I didn't show you this yet.

This is a picture, you know, when you describe it's a small dog.

I mean, she really is small, so I can't gome's having no objection.

Let the record reflect that the respondent has no objection to that exhibit.

And I do not have a picture of the big dog.

It didn't occur to me to take one before the event.

There were other times that the dog was out, and I always kept my distance.

I was not comfortable.

Um if there was not our fence between me and the dog.

Um I do know that I have a senior high school student who takes care of our yard, and when he has to do work up on that hill, he is cautious and rather nervous when the dog is there and barking as it frequently is.

Um is now the time that somebody else speaks, or is it Danielle's turn?

We can ask you questions at this time.

Okay, then we can move on to the next one.

All right, thank you.

So just to clarify, the dog came on to the property that you were on is your property.

Yes.

And then the opposite side of the fence is the neighbor's property or the the dog owner's property.

Yes.

Okay, and it came through onto your property.

Yes.

Okay.

Was any of the owners of uh there where it was happening?

And were the ownership.

Owners there when it happened.

No, I was the only one.

There was nobody else, you know, there's neighbors behind us and Danielle is to the side of us, and we're on a corner.

And there was no one else outside.

I couldn't call for help from anybody.

I just had to hope that I looked bigger than the dog and could scare it away.

Was that your fence or is it the only one?

No, it's it's the neighbor's fence.

Neighbor's fence.

And I'm I'm assuming Zoe is neutered or spade.

Yes.

Yes.

She's a girl.

She's a girl.

Yeah.

And approximately 10 pounds from what I saw in the reports?

Yeah, a little less than 10 pounds.

I mean, I don't know if anybody I was just kind of letting everybody look at the just in case.

Does anyone have any further?

Ms.

Ketcher, how is Zoe uh doing today?

What and what is her prognosis?

Well, um I uh take her to the vet on Tuesday to get her stitches out, we hope.

Um she um is still wearing the cone, obviously, to keep her from trying to chew them off.

Um started very slowly, you know.

At first we were lifting her because we have one step out of the house and then another step off the porch, and at first I would pick her up and put her down.

Um then she started where she would go down, but wait for me to pick her up, and now she will do that by herself on three legs.

She still is not showing any use of that back leg where the damage is on the side where you know the major puncture was.

Um well she's we had to uh get an appetite enhancer for her because of the trauma and everything.

She was not eating on the appetite enhancers, she wanted to eat frequently.

Now that we've they said only three days we've taken her off of it.

She's eating some, not very much, but a little dog doesn't eat a lot.

Um she now prefers the special soft dog food instead of her little dog food, so we're working through that.

Um, like my husband is not mobile, and uh he also has macular degeneration and she loves to be on his lap.

Um, but she cannot jump up, and he's not able to pick her up.

Um so we do that some, but then you know I think once she dropped off or jumped down, but you know, we try to avoid that because that that back leg and uh the vet at the emergency said it may take six or eight months and it may not happen, is what she told us.

It was they did an x-ray, it was not broken, but um muscle and or nerve damage is what they described it was probably um uh you know what she was doing.

Um she is uh I remember the first day she barked when friends showed up that she recognized, you know, she heard their voices and barked, she's starting to wag her tail.

She's a very friendly little dog.

Um said answer question.

Thank you very much.

How old is Zoe?

Do I?

How old is Zoe?

Um Zoe was a shelter dog.

Okay, because some friends of ours adopted, and then they live on an old farm, and it was not a good fit because as you could see, she's a good lap duck, she wants to be up on the furniture, and they were not interested in those two things.

It was a grandson wanted.

Um so then uh I was visiting, and one and I just fell in love with the dog and said, if you ever decide you don't think it's appropriate for you to have that dog, I'll take it.

So a year later she called and said, So exactly how old Zoe is, we think, well, some of the vet records, it's somewhere between 10 and 11 years old.

Okay.

Thank you.

Anyone else?

Okay.

So is your husband your I noticed your husband was are you will you want to testify as well, or is there anything you need to add?

Okay.

Yes.

Now yes.

Yeah, yeah, hopefully it'll his voice carries or it can.

Let's see.

Is it is it enough?

Yeah, let me know.

So you're gonna have to turn your next sideways and be straight.

Okay.

Well if I can navigate around a little bit so I face the light.

Let's put you here.

Let me slide the line.

Yeah, 10 minutes.

Okay.

All right.

My name is Richard Couture.

I live at 420 East Point of Vista Road, Evansville.

Am I uh am I uh able to be heard okay?

Yes, yes, yes.

Uh a couple of things uh that I would like to add.

Uh you know, since I'm a lot confined to a chair, Zoe is really important to me.

And uh she was a jumper.

She could just I mean she could just jump up to my lap with no trouble.

That's not happening right now, and I hope that eventually she recovers to the point that it is.

But about six months ago, I called Danya Danielle, and it wasn't in reference to her dog, but it was reference to her fence, which is in terrible shape, and I was afraid it was going to just fall over and be on our property.

So I called her excuse me to call attention to that.

I am sorry.

Uh but it was not a call in reference to her dog at that time.

It was just uh call to say your fence is not in good shape and I'm afraid it's going to fall down.

And uh that troubled me as a neighbor, but uh I couldn't really do anything about it.

Uh so I wanted to call attention to that.

The other thing uh yesterday when the mail carrier delivered a certified letter to us from from your you folks, uh he said to my wife as he was delivering that to her that he's afraid to go next door to Danielle's house because of that dog.

Uh and uh Sir, do you have a statement from him?

No, unfortunately.

Anything I don't I just uh went after he delivered and Imogene came back in the house, she said he had told her that.

And I just you know, I know it's your say and it may not be of value, but I wanted to say it anyway because I think it's an important statement.

Uh so uh let's see if the other thing about you know, like any time we were in our garage or in the backyard or anywhere uh in the backyard area, since you know that's where the their fence goes along our backyard.

Uh the dog would bark and bark and bark and bark.

It just uh it would be barking at seven o'clock in the morning.

It'd be barking at no matter what time of day it was, it would be barking.

It was sort of an irritant to me.

Uh but I know that I didn't have any recourse.

I didn't know that I had a recourse to do anything about the dog barking, so I didn't do anything about it, but uh barking.

Do you have an irritation?

Yes.

Well, you guys are about out of time.

Do you have anybody else that's going to testify for you?

Okay, you'll have an opportunity to come back up and re-but again.

Yeah.

All right.

Um, but at this time, if you don't have anything else to add to the story of what happened, I would go ahead and move.

Is you know, before I was wary of the dog.

Now I'm afraid.

Okay, thank you.

Thank you.

So um Danelle, it's your turn.

Shoot, sorry.

Ten minutes total for yourself, and if you have someone else that's going to speak about it.

And like said uh your full name and address, please, for the record.

My name is Danielle Gomez, and I live at 414 East Buena Vista Road in Evansville, Indiana.

Do I just heart?

Okay, so the dog's name is Tokyo.

Um she is also a rescue.

Uh we got her because her family moved out of the country on a mission trip.

And um we had to put our previous dog down, my son's dog, uh, because he was on um he he just he was really sick, and the vets, we took him to four different vets that couldn't figure out what's wrong with him.

So he was only four years old, and we had to put him down.

So finding Tokyo, um was it actually it kind of worked out really well for us.

It had been you know, a little bit of time, and um so I took her home for my son.

So she is my son's dog.

He is 16.

Um she is a large dog, and without naming the breed, she is a talking, she's a talking breed.

So she is a de she is definitely a blah blah blah blah blah.

Um she is uh an indoor dog.

Um she only go out, she only goes out during certain times of the day.

Um so uh she's never attacked another animal.

Um and that is what my my dad will testify about.

Um he actually brings his dog to our house.

So we have multiple family members that bring their dogs to our house, and we've never had a problem.

Um she does have a loud bark because she is a big dog, she has a big braid.

But um Tokyo, um said, she is a very sweet dog.

Um she is protective of my children.

I have five of them.

Um gosh, I don't know.

Um the fence thing, um, I am recently divorced.

I am uh working through one problem at a time as far as repairing the house and working through all that.

Um the fence where the holes are.

That is where my ex-husband threw a fit and went through and ripped off pickets.

He ripped off twelve of them and destroyed them.

So I couldn't put them back on.

Um so there is uh there's like that heavy metal, heavy gauge cattle.

There's a cattle fence panel over them, and then um I did put chicken wire over one part of it over on to the left, that third hole to the left.

Um when Mr.

Katoor called and said that the fence was leaning.

If you look at the picture, the very of the whole fence, the very back panel was leaning over their yard, and I did not replace it, but I did have it propped back up straight.

It's not replaced, but it is back straight.

So it hasn't been replaced, but it has been fixed, so to say.

Uh my side of the fence.

So um I imagine it's one of those pickets.

But um so they called me, uh, they told me about it.

Um I told them to please keep me informed.

Um I apologized.

I had no idea.

Um I know their yard isn't fenced in.

They they only have like a little backyard area.

So I'm assuming that um I don't think I don't think their dog was uh in the backyard area or on a leash or anything, which is why it was able to run up to my dog, and I'm guessing my dog perceived it as a threat.

Um that's why um she bit the other dog.

So um, like I said, the dog is, I mean, wonderful with my kids, wonderful with my you know, my family, anybody who comes over.

Um she is definitely a talking breed though.

I don't know what else to add.

Have you uh put up or fixed the fence since this happened?

Um I have not done anything to the fence, but I did buy her a 20-foot lead.

So she is currently on a uh a lead that is attached to a heavy gauge chain.

So she cannot she can't leave the yard now.

Thank you.

Is she fixed?

I'm not sure.

Okay, so you don't know if she's spayed or not?

I do not know.

Okay.

I didn't I didn't even think to ask.

Which rescue did you get her from?

We got her from the family that moved out of the country.

Oh, okay.

Okay, I'm sorry.

Yeah.

She was rescued from the family that had to leave.

Okay.

Yeah.

She actually when she when we first got her, she went through it took her two months to come out of depression.

I'm guessing they had her since she was really little.

Um because she would just lay around, she wouldn't do anything.

I've never seen anything like it.

Um, but my other dog um we've had since six months, and like I said, she's always been like super happy, just so I didn't even know that a dog could go through depression like that.

But um so she's much better now though, thank God.

Any other questions for her?

Do you have someone else that's gonna testify within for your time?

Okay, and as previously stated, please your full name and address for the record, please.

Michael Ringham, 1325, Yulehorn Street, Evansville, Indiana.

And you're Daniel's father.

Right.

Okay, thank you.

You just wanted me to make a statement or okay.

Yeah, sorry, yes.

I wasn't sure I was out here, so uh yeah, I was gonna say uh I don't ever I've never seen this dog go after anybody.

She barks at them, even when she didn't know me.

She barked at me, but if I walked toward her, she backed away.

So that's what I don't know about this incident.

I don't know what happened here, but uh yeah, I've just never seen I've even watched both of her dogs before, and I've never seen them really get aggressive with anybody.

So or any other animals?

Uh the animals like I mean I haven't had I I haven't interacted except for my dog.

You know, I've never had a problem with them being aggressive toward my dog from the first time bringing bringing him over.

Do you have a small dog or a bigger dog, male or female?

He's a lot smaller than both of them.

Okay.

Yeah, he's like thirty thirty pounds.

But basically it's all I've got.

Okay.

Thank you.

Ums Emma Jean, I'm gonna go with that because I know I can pronounce that, I think.

Uh do you have any further statements that you'd like to make?

Yes.

As a and just state your full name again, please.

Emma Jean could sure.

Um I think the pictures that I gave you of the fence uh which show that a large dog could break through um easily with its body mass, the the um the fence breaks.

Uh it's not that the dog got under over in between, it breaks the wood.

Um so I uh you know, some wiring fencing is not gonna take care of the issue.

You know, my concern is that it's a safe place for us to live and for our neighbors to live.

Um and it, you know, if I were assured that the dog was securely there and a safe fence, you know, that's my issue.

The other thing is um I disagree that the dog is in the house most of the time because our friends who come to visit, you know, what's with the dog?

And it's like, well, it's just always there.

You know, my son who leaves for work early in the morning, it's barking at him, and he parks his car right by the fence.

Um I have I I disagree with that statement about the dog being inside most of the time.

Um the other thing, um we do have a backyard fenced in for our small dog.

Um I did have the dog out, and we don't let her out without it.

Sometimes by accident, I've gone outside to do something, and my husband may let her out and she may be there.

Um but um our our backyard fence is sufficient for our dog.

Uh we had just gotten home from a walk on leash at the Catholic Center.

She was in the car.

I got out to clip those Cyruses, and that's when it was.

But many times uh my dog will walk with me to our mailbox and back without being on a leash.

But we do not, you know, let her out by herself.

Um when we do let her out, she is um in the backyard.

Um I would have the question whether the dog has her rabies shots.

If we don't know whether she is spayter neutered.

Um but that is a concern for me.

But again, uh I'm afraid.

Miss Gomez, any further?

She's indicating no.

Does anyone have any further questions?

No.

So then we Yes.

Now we get the animal control.

Oh, I think that Bill would like to know if the dog is up to date on its vaccines.

Do we know that?

We don't have any proof whenever the officer took the by report.

They didn't provide that proof.

Can the the um can you tell us whether yeah, if you can come up to and just let us know that, please?

State your name again and then respond.

Address to just your name.

Oh, okay.

Danielle Gomez.

Uh again, I am I am not sure.

How long have you had the dog?

Uh about a year.

Okay.

And so you don't know if the dog had been vaccinated or had any history prior to you getting it within a year.

I didn't.

I just were moving out of the country and so uh job dog, don't you?

Do what?

You have another dog.

I do microscope.

Yeah.

Okay.

Is there any particular reason why um gosh dang it?

Tokyo.

Is there any reason why Tokyo you haven't taken her to the vet and got her updated on everything?

She well, AC hasn't really had a reason like to go.

Neither dog has.

And I like I said, I've been going through a divorce for the past like three years, and it is just once I was a stay-at-home mom for 17 years, so I've had to, you know, like find a job, start working, and like I said, we have five kids.

I've had kids, and like it's it has been a roller coaster ride.

So yeah.

And like I said, fixing things around the house, you know, trying to get that stuff taken care of.

Um I also uh I homeschooled as well, so I had to we had to get our kids enrolled in school.

So it was literally like the way I live my life was completely flipped upside down.

So anything else?

No.

Okay.

Thank you so much.

Thank you.

Okay.

Oh, no, I don't know.

No, they don't get to pardon?

She's got her hand raised, but I okay.

I mean, come on up.

Um last thing.

Your name is Jean Kutcher.

Thank you.

Uh one last thing.

Because we had to take the dog to the emergency clinic because it was a Sunday, and then follow up with ours.

We've already spent three thousand dollars on this event.

You know, that's not the most important part to me, but it's important.

Yeah.

Thank you.

Thank you, ma'am.

Okay, Heather, what do you have for us?

So we have history with this address going back to 2019.

Um I do know back in 2023, uh, Tokyo was in quarantine for biting.

It does not state here if it was animal or human.

Um there have been several reports of animals that have been running loose, um, killing animal other animals.

I don't know if it doesn't state if Tokyo was one of those animals, um, but that goes back to 2019 of having reports of that.

Um, but we we can do we have it is uh um for sure that it was Tokyo in 2023.

Yes.

Okay.

It states in there Tokyo's name.

Um we were not able to uh remove the dog from corn or from the home for to be held for the hearing.

Um Ms.

Gomez had refused um both whenever I spoke to her and when the officers went out to hand deliver the letter um to relinquish the dog to us to until the hearing.

Um she had spoke of the dog's depression.

Um Miss Gomez had refused um both whenever I spoke to her and when the officers went out to hand deliver the letter um to relinquish the dog to us to until the hearing um she had spoke of the dog's depression um when I had spoken to her she said it was in a shelter setting before and that's why she didn't want to relinquish the dog um I don't know if that's the case based on what her testimony was today um it doesn't again it doesn't say about the rabies information um so yeah we just have lots of history going back to 2019 about dogs running loose the bite with Tokyo when the bite with Tokyo before did she was she checked for rabies then or is there any I guess you probably told us what you had in your report is all you've got yeah I don't have that specific bite report in front of me um but it said that she was in quarantine she was released um but it doesn't state anything about rabies at that time either so that bite she was in quarantine at animal control uh no that bite was uh quarantine at home okay also at home okay anybody else got any questions on that okay now I think we can I'll give both sides an opportunity to make any response to the animal control department's report that was just read uh first do you have anything to say in response to the report Imogene could sure um my only response is I appreciated here in the 2023 because I knew the dog was there longer than a year.

Thank you.

Miss Gomez So that incident um please state your name again I'm sorry Danielle Gomez okay thanks.

The bite was actually my son so my husky is the one that you guys have my husky opens doors.

So my husky escapes all oh sorry uh my dog is an escape artist.

Um the uh another dog or not yes yeah okay what's what's his or her name Suki Suki okay so she is an escape artist um but that one my husky bit Tokyo's butt she turned around and my son went to grab her mouth and when he did she chomped down on his finger but it wasn't it was just like we went to the doctor because they said that because of the saliva you had to go to the doctor because the dog saliva has bacteria in it.

So it had to be cleaned out by the doctor and the doctor had to report it so that's what that was it wasn't violence towards like the like other animals or anything like that.

It was my son literally put his hand in her mouth so that's what that was like I said the husky.

Anytime an animal breaks a skin scratch bite it's supposed to be reported.

Yeah and it like it was so no I d I guess not I don't know uh like I said I have I don't know how long I've had her at this point I was assuming it was about a year but longer okay thank you.

Is there anything either of you would like the commission to know before they begin deliberations.

Yes sir I would like to just one other note about the dog and our neighbors our neighbors uh typically walk the street around there for exercise different natives different neighbors yeah and uh when they heard that uh Zoe was attacked they uh came to Imogene to say that uh they're afraid of the dog but they also carry a stick whenever they're walking now they didn't used to carry sticks but they've uh felt intimidated by this dog because it's gotten out some different times that we didn't know about and uh

They also carry a stick whenever they're walking now.

They didn't used to carry sticks, but they've uh felt intimidated by this dog because it's gotten out some different times that we didn't know about.

Uh and uh that our neighbors are carrying sticks to possibly protect themselves is I think a significant uh issue.

So that's what what I want to add.

Okay, thank you.

All righty.

Ms.

Gomez, do you have any uh last thing you would like to add?

All right, let the records show that the evidentiary phase of this hearing is now concluded, and the commission will move on to deliberation.

At this time, the commission must make the initial determination, excuse me, as to whether the animal is dangerous.

Under the Evansville Municipal Code 6.05.020.

A dangerous animal is 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 a dangerous animal.

I remind everybody that it shall not uh the commission shall not consider the animal's breed uh when it makes the determination on whether the dog is dangerous.

Before any motions on this determination are voted upon by the Commission, the Commission must discuss on the record its findings and conclusions solely as to whether the animal is dangerous.

Put differently, the commissioners must discuss on the record the reasoning behind the determination as to whether the animal is dangerous.

For example, the Commission may begin with deliberations uh with a commissioner discussing whether they believe the animal is or is not dangerous, as that term is defined in the code, and his or her reasoning for that belief and other commissioners may respond in kind.

So now the commission or excuse me, the commission may then proceed by motion and vote after that discussion is concluded.

Um I was just jotting some notes down.

Uh a couple of things that I would like to state is that obviously Tokyo has escaped and attacked already.

Um we have a bite report, but we're not sure exactly what happened.

Um Ms.

Gomez testified to that, but um the she has also had the dog since 2023 but has not taken her to the vet.

So that's a concern.

Um the fence obviously is in disrepair and the potential for the dog to uh attack either Miss uh the Kutter's dog or another dog or small animal is obviously uh a possibility.

Um I'm kind of leaning towards the dangerous dog determination.

I would agree.

I'm obviously we have uh a severe injury to an animal at this point.

Um so it's clear that if the dog were to escape, which is likely uh there could be additional injuries to other pets.

I don't think it's uncommon for some dogs to have barrier issues uh and be perfectly great in a home setting and with everybody along a barrier.

Sometimes that can be um a trigger for them, and if they you know have that tendency to get out and have seen that, then certainly that is something that could happen again.

Any um I was gonna go ahead and make the motion um to declare the dog uh dangerous with no bodily injury.

Like that there is no bodily injury to a human, so that dangerous determined determination for us to put stipulations.

Do I have a second?

I second.

Okay, we have the first by Kindle and a second by Tamara.

All those in favor, please say aye.

Aye.

Okay, we have made the determination that Tokyo is a dangerous dog.

The Commission has determined that the animal known as Tokyo to be a dangerous animal, although no bodily injury to a person is involved in this case.

By virtue of Evansville Municipal Code 6.05.150.

The owner must register such animal with animal control and provide prompt notification to animal control of any changes in the ownership of the animal, provide the names, addresses, and telephone numbers of such new owners.

Must uh promptly inform animal control of any change in the health status of the animal.

Must inform animal control of any further instances of attack.

Must inform animal control of any claims made or lawsuits brought as a result of further instances of attack.

And must inform animal control of the death of the animal.

Additionally, the commission may impose certain restrictions upon the animal.

Pursuant to Evansville Municipal Code 6.05.150 subsection E.

Those restrictions are as follows.

One, indoors, when not alone, the animal must be under the control of a person 18 years or older.

Two, outdoors and unattended, the animal must be kept within a locked, fenced area from which it cannot escape.

Three, when outdoors, the animal must be attended and kept within a fenced area from which it cannot escape.

Four, when outdoors, 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.

E5 and E6 do not apply because there is no serious bodily injury to a person.

Seven, require the place require the placement of a sign or signs of a description and in said places directed by the commission.

Advising the public of the presence and tendencies of this animal.

Require the attendance by the animal and its owner or custodian at training sessions conducted by a certified applied animal behaviorist, board certified veterinary behaviorist or other recognized expert in the field, and completion of training or any other treatment as deemed appropriate by such expert.

The owners of the animal shall be responsible for all costs associated with the evaluation and training ordered under that section.

That was eight.

Nine, require the neutering or spaying of the animal at the owner's expense unless medically contraindicated.

10.

Require that the animal be permanently identified by tattooing or by injecting an identify identification microchip.

Number 11 is inapplicable here because there is no serious bodily injury to a person.

Twelve, order that if any of the conditions ordered by the Commission subject to judicial review are not complied with, the owner shall be subject to a fine of not more than 2500.

13.

Order that if a further incident of attack occurs under such circumstances that the animal is determined to be a dangerous animal, the commission may impose or reimpose any applicable directives listed above.

Additionally, humane destruction of the dog may be ordered, but only where the further incident involves serious injury to a person.

14.

And lastly, the commission may order the animal to be examined by a veterinarian to rule out an underlying treatable medical cause which may be causing the animal to be aggressive.

Such examination shall be at the owner's expense.

Actually, there's an one last one, pursuant to subsection D of 6.05.150.

The Commission may order the animal destroyed if none of the previously stated precautions are deemed sufficient to prevent the risk of injury to any person, although again that's only if a serious bodily injury has happened.

So at this time, the commission shall discuss on the record which of those orders that apply that I just read and restrictions it wants to impose on the respondent and the dangerous animal and shall determine by vote the orders and restrictions to be imposed.

I recommend two four with the pres with the provision of off property when outdoors and off property.

Nine, ten, twelve, and thirteen.

Okay.

I was kind of leaning on three.

Um the out the animal must be attended and kept within a fenced area from which it cannot escape.

Um I know the statement says cannot escape, but currently the fence is not.

So two take off two and use three instead.

Until they until the fence is properly repaired, I think that the dog needs to be attended to, that they can't just let it out with the current fence conditions.

I mean, I don't know.

Yeah, no, I mean that obviously the other applies also needing to be repaired, but yes, changing it to three, four, win off property, seven, nine, ten, twelve, and thirteen.

Looks like everybody's kind of nodding on that.

Okay, then I make a motion to for three, four adding the stipulation of win off property, seven, nine, ten, twelve, and thirteen.

Okay.

Then all those in favor are we need a second.

I have a second.

Okay.

So Kendall made the first made the motion, Tamra seconded.

All those in favor say aye.

Aye.

Any opposed?

Okay.

Now the other thing is the locations of the sign.

Number seven is um placement of a sign or signs of a description in uh in places directed by the commission advising the public of the presence and tendencies of said animal.

So we need, you know, beware of dog.

Where would we like to see those?

Um like front door area.

Um, the fence has to be um per the um uh kept within a locked fenced area from which it cannot escape.

So it needs to be a complete fence that's been repaired and or renewed or replaced to whatever point that it's that they can't just blow through it.

So at least uh sign by the at the front door or the front of the yard.

Any place that they're the front of the fence that faces the street or if there's an alley behind it, and not sure that there was an alley behind it, but anywhere else for the public would.

Okay.

See it.

You know, it extends outside the house, I suppose.

Okay.

So we could oh, do we need a motion on the fence or the on the sign locations?

I don't think we do.

No, I just want to clarify you're saying for them to put it at the front line of their property, the back line of their property.

Okay.

Yeah, if there's an alleyway or something where public could, you know, if it butts up against the neighbor, obviously they don't then.

Do you want it to say anything in particular or uh I mean they could get the beware of dog type of sign?

Okay.

Okay.

What else?

Okay, so the commission has determined and decided to impose the following restrictions.

When outdoors, the animal must be attended and kept within a fenced area from which it cannot escape.

Uh, when outdoors and off its 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.

Must require the placement, or the commission has required the placement of a sign of a description at the front of the owner's house.

Um advising the public of the presence and tendencies of the animal.

Uh nine.

The commission has required the spaying of the animal at the owner's expense unless medically contraindicated.

Uh the commission has required that the animal be permanently identified by tattooing or by injecting an identification microchip.

Uh the commission orders that if any of these conditions uh subject to judicial review are not complied with, uh, the owner shall be subject to a fine of not more than 2500.

And lastly, the Commission has ordered that if a further incident of attack occurs under such circumstances that the animal is determined to be a dangerous animal.

That's one through 13 of 6.05.150 subsection E of the Evansville Municipal Code.

And additionally, humane destruction of the dog may be ordered, but only where the further incident involves serious injury to a person.

So for some final comments.

Both parties have the right to appeal the Commission's decision today.

As I mentioned at the outset, a decision of the Animal Control and Education Commission, if appealed, shall be appealed within 10 days of this decision of the Commission to either the Vandenberg County Superior Court or the Vanderburgh County Circuit Court by verified complaint.

As a reminder, once this meeting is adjourned in a few moments, the commission will be dismissed first.

Once all members of the commission have exited, then the audience will be dismissed.

I don't know that we actually do that anymore.

All questions andor comments following the conclusion of the proceedings may only be brought to myself and or the superintendent of the Evansville Animal Care and Control Shelter.

So I now ask at this time that a motion be made to adjourn.

Do we have a motion to adjourn?

First motion.

How about so moved in a second by Kindle?

We have Bill that so moved it, and uh everybody have a good weekend and uh this meeting is adjourned.