I I I can see a room with um a few people around it.

I cannot um you know identify who the people are or whether it's male or female.

I can hear you.

Okay, I don't I don't have the room reader to kind of see the screen very well.

Okay, okay, no problem.

Okay.

I think that should be good.

Okay.

Is it possible for you to turn on the video on your phone so we can see you?

Okay, I think we're we're trying that right now.

I I apologize that I didn't brush my hair today, or sorry, I didn't shave either, but that's okay.

And thank you, everyone, for your time and your patience here today.

But I will be throwing a written good decision within the next 15 days.

For any good with uh for any testimony, I will be taking those into consideration.

Um, I ask you if we're speaking here today, if you could please uh just give me your full name and your position here, just I could hear you the loud and clear.

Uh I have been impartial in this case.

Um, though I did just receive six exhibits from the city side, which um we will be going over uh once I turn it over to the city.

Is there any questions before we get started?

No.

Okay.

So with that, I will turn it over to the city and just a less reminder, please just give me your full name and your positions here today.

Sure.

I'm Karen Cratley, assistant city attorney.

Today I'm representing the Monterey Police Department at this hearing, and I have not communicated in any way before today with the hearing officer regarding this matter.

Um, for the record, I just wanted the sheriff's deputy to confirm the identity since we don't have a visual um on the individual on the Zoom.

Yes, this is uh Mr.

Labonte.

Um standing here present with him.

Uh I'm Albert.

Okay.

Um can you uh tell us your birth date?

Sure.

My birth date is March 29th, 1971.

Okay.

Um, as the hearing officer mentioned, the city um has the burden of proof.

In this case, it is by the preponderance of the evidence.

So slightly more than 50%.

Okay.

So if the hearing officer approves, I'd like to do just a really brief um opening statement, sort of explain the law and how we're here, and then I'll call my first witness.

Is that acceptable?

Yeah, go ahead.

Um so we're here today to determine whether bingo, the dog, is vicious or alternatively potentially dangerous.

The department's position is that bingo is vicious and should be euthanized.

So the key code sections that will guide your decision are Monterey City Code, chapter six, section 31e.

And that's the definition of a potentially dangerous dog.

And so a potentially dangerous dog is any dog which went unprovoked on two separate occasions within a 36-month period, engages in any behavior that requires a defensive action by a person to prevent bodily injury, or any dog which went unprovoked, causes an injury to any person that is less than a severe injury, or any dog which went unprovoked on two separate occasions within a 36-month period has killed seriously bitten or injured uh a domestic animal.

So for a vicious dog, then that is under section 631 H.

And we're bringing this under section one.

Any dog that went unprovoked, inflict severe injury on or kills a human being.

Luckily, we don't have kills, but we do have severe injuries.

Now, under the code, a severe injury means any physical injury to a human being that results in a laceration, bruising, muscle tears, or similar.

So a laceration is breaking of the skin, a cut.

Um, we all know bruising.

So all of those were present here.

So in this case, the dog in question, bingo, has when unprovoked, bitten two people causing severe injury.

Bingo also killed two domesticated pet cats within a two-year period.

Therefore, the chief of police chief Hober initiated this proceeding asking that bingo be declared a vicious dog and that euthanization be ordered.

Um, because the petition seeks the humane disposition of bingo, you, the hearing officer, must also determine whether the public health safety and welfare would be adequately addressed by lesser remedies, such as muzzling or being put on a leash.

Here, the evidence will establish that bingo's repeated unprovoked attacks on other people and other animals.

Um render no other remedies besides euthanization sufficient to protect the public.

Um, therefore, we are asking for euthanization.

We recognize that is a serious remedy, but we think it is the committee that will sufficiently protect the public in this case.

So in addition, we are asking you to order that Mr.

Labonte be prohibited from owning or keeping any dog for a period of 36 months and order that he pay the city's costs of impounding and euthanizing the dog.

So that concludes my closing.

At times you could decide if you want Mr.

Labante to do an opening statement now or just when his case starts.

It's it's your decision.

We'll go ahead and leave it on the city side.

Okay.

Just so we could come and then we'll switch over.

Sounds great.

Thank you.

We'll call our first witness.

And um, that's Mr.

Gomez.

And if you could sit right over here where the microphone is.

Do you want to swear him in?

Or should we go ahead and just now?

Um hit.

Yeah.

So right before I let you speak, I'm gonna go ahead and swear you in.

Yes.

Um, so if you could please state your full name.

No, my name is Leo Gomez.

And do you oh gee, easy?

Thank you.

Do you solemnly state that the evidence that you shall give in this matter shall be the truth, the whole truth, and nothing but the truth?

I do.

Okay, thank you.

Mr.

Gomez, thank you for being here today.

Can you tell um the hearing officer what your job is?

Yes, ma'am.

Um I'm a police officer.

I've been a police officer for more than 20 years.

Um currently employed by the Monterey County District Attorney's Office as an investigator.

Okay.

And just generally really briefly, what are your duties as an investigator for the DA's office?

I conduct uh follow-ups.

Um I investigate variety of crimes.

I'm currently assigned to the consumer unit.

I investigate fraud, things like that.

Okay.

And do you recall on June 2nd, 2025?

Um, did you go to 1001 Hellam Street in Monterey?

Yes, ma'am.

Okay.

Um, why?

I was there to serve a subpoena.

Who are you serving the subpoena on?

Uh to Mr.

Labonte.

Okay.

And what happened when you went to 1001 Helmut Helm?

Well, I went there around 11:30 in the morning.

And as I was walking up the stairs to enter the uh uh knock on the front door, um, I was suddenly attacked by a dog.

Okay.

What did the dog look like?

Um large dog, I believe is some sort of mix, like a German Shepherd with uh maybe a mastiff.

I have a picture of it.

It's a pretty large dog.

Okay.

Um Alicia, are you able to use that projector?

So then Mr.

Labonte will also be able to see.

And Mr.

Gomez, while she's setting up the projector, is that a picture of the dog that bit you?

Yes, ma'am.

I took the photograph after I was attacked by the dog.

Okay, so you took that photograph on June 2nd, 2025?

I did.

Okay.

Oh.

It won't protect.

Okay.

Okay, but if yeah, you hold it up.

There you go.

Okay.

Okay.

So that is the dog, Mr.

Gomez that bait you.

Is that correct?

Yes.

And the person holding it is is the property owner, Mr.

Labonte's mother.

Elizabeth Labonte, is that right?

Okay.

Okay.

Alicia, that's probably good.

Um, so you said you approach the stairs.

Is this the outside of the house?

Yes.

The the houses, I believe either two or three stories, depending on how you look at it.

Okay.

Um, the front door, the main entrance to the property is on the second level.

Okay.

Access is by stairs that come from the garage area below.

And you go upstairs and there is a small porch there and in the front door is there on the second level.

So as you uh approached up the stairs to the door, where did the dog come from?

The dog came from the front door.

There was no indication signs or um anything indicating there was a vicious dog there.

Beware of dog or anything like that.

There were also no physical barriers to prevent uh the attack.

And the dog just ran at me by surprise, and I had no means to react.

Although I was equipped with my duty firearm and I had no no time to react because it was very fast and I was caught by surprise.

And where did the dog bite you?

On my right thigh.

And were your pants torn?

Yes, I have a picture of that too.

Oh, okay.

And in addition to being having your pants torn, did you suffer lacerations from the dog bite?

Yes, the the dog destroyed the trousers of my pants.

And I suffered puncture wounds from his teeth from his canine teeth and uh laceration all across my thigh.

And did you also have bruising from the bite?

Yes, I did.

I have a photograph of that as well.

Oh, okay.

Thank you.

I mean, the contrast is not is not very good.

You can see the bruising very well, but I had a brazen all around my leg.

And did you receive medical treatment at the scene?

Yes, I called uh I called the police department.

And uh the paramedics came, the fire department and paramedics came, they cleaned my wound and they wrapped gauze around my thigh, and thereafter I went to the hospital.

Okay.

You also sought medical treatment at the hospital.

Yes, in in Salinas.

Okay.

And at the time that the bite occurred, do you know if bingo had his rabies vaccine?

Uh had to this day I don't know.

The property owner, Mr.

Labante and Mr.

Labante's girlfriend, I believe those are the three persons who reside at the house.

They were hostile, uncooperative, and irresponsible.

They refused to provide any information as to the vaccines, the rabies shops.

They also denied uh owning the animal, pointing fingers at each other.

His dog, her dogs, not my dog.

Particularly Mr.

Labante, he was very adamant that the animal did not belong to him, belonged to his mother.

And his mother said, No, it's his dog.

He came here, he moved into my house with with the animal.

The dog's his, but they refused to provide any proof of vaccination, and they sequestered the dog in the third level of the home.

Okay.

And I just have to ask, besides just walking to the door, did you do anything to antagonize the dog that day?

No, absolutely nothing.

I just walked up on a normal pace.

Um walked up to knock on the front door, and the dog just came at me for no with without provocation.

Okay.

I didn't make any noise.

I didn't uh trape on the stairs or cause anything to uh disturb the animal.

And completely unprovoked.

Um the bite occurred before you had spoken with anyone at the residence.

Yes.

Yes.

Is there anything else you'd like to tell uh uh the hearing officer today about that?

Well, I I had to um undergo a series of six painful injections for the rabies shots.

Um my thigh and the other one on uh the other shots on my arms.

I was um off duty for two weeks and I wasn't able to conduct my regular duties for a month.

I wasn't a lot of pain.

My leg got swollen, uh very bruised.

I was prescribed antibiotics and pain medication.

Okay.

I the doctor said they couldn't stitch my my puncture wounds because they weren't holes, they were just deep.

They couldn't do anything, so I just had to wait for the the one to heal on its own.

Well, we appreciate you coming to testify today.

Um Mr.

Labante does have the right to ask you questions as well.

Yes.

Um, so now would be an appropriate time.

Okay, thank you.

Professor Labonte, could you have any questions for Mr.

Gomez?

Mr.

Labante, you'll want to unmute yourself.

Um, can you hear me?

Yes, we can go right ahead with your questions.

Oh okay.

I I'm somewhat um unprepared.

Uh I I apologize.

I have uh a number of medical issues that I was attending to um this morning, and uh I'll I'll do I'll do my best to um to try to get through this this hearing.

Well, sir, just a second.

This is you'll have a time to um make a presentation of your own right now is just your opportunity if you want to cross-examine or ask questions of Mr.

Gomez.

Sure.

I you know, I I'm not really that um sophisticated when it comes to legal proceedings and crossing examinations, that kind of stuff.

I I I apologize.

Um maybe at this time I'll I'll try to you know get myself um kind of I guess more narrowly with the the way that you guys conduct um the the hearings.

Um okay, so at this point we will move forward with no questions, but you will have a chance to speak.

So any questions come up, then at that time.

Okay.

Okay, thank you.

Um maybe at this time I'll I'll try to you know get myself um I guess more the way that you guys conduct um the the hearings um okay so at this point we will move forward with no questions but you will have a chance to speak so any questions come up then at that time okay okay thank you um I did have some come uh got some questions and I just want to make sure that I receive the copies of the pictures I don't know if you could email them you can Alicia or if I could keep them myself yeah okay we I'd like to make a closing statement if I can um so on one of the images uh the dogs on the leash yes was he on the leash before I know you said he ran the afterwards he ran from the front door so Ms Ms.

Labonte put deletion on the dog um initially she told me she couldn't control the animal yeah I told her for my investigation I needed to take a photograph of that animal and she told me I cannot control the dog and I told her find means to control it and bring it down here because I need to photograph it and after a while she walked him down okay she had a hard time controlling that dog coming down and holding it and that's when I took the photograph so he bit he held on or he latched off and then no he he he bit and I ran down the stairs I almost fell down coming down and then she put him on the leash correct okay I think that was the only question I had and I know you said you had a closing statement as well so yes yep thank you I just wanted to mention that um my private civil attorneys have been trying to contact the the property owners the residents of the home to obtain their insurance and they have refused it's been about seven months or more and they have not cooperated in any way so I believe they're irresponsible um so I have also recently learned that this same dog on separate prior occasions had killed uh two neighbors' calves he bit children including um a nine year old boy at the house and he bid other police officers two that I'm aware of including one only a few days after I was attacked um I believe that given the dog's documented history of issues and deadly behavior uh I believe the city of Monterey has a legal and moral obligation under the community caretaker doctrine to protect the public by humanely euthanizing this dangerous animal I also believe that failure to do so could expose the city to unnecessary civil liability I am an animal lover and I have owned 14 dogs throughout my life therefore I will greatly prefer a better outcome a better solution however giving the owners irresponsibility neglect hostility and repeated failure to properly train and control this animal I believe euthanasia is unfortunately the only just option to prevent further pain harm and suffering I want to thank the hearing officers the city attorney in chief for conducting this proceedings thank you yeah thank you for your time and your testimony here today okay the city would next like to call Officer Luke do you know what exhibit this is just like a follow up why don't we have it be um seven C nine or give me your full name please full name is Austin A U S T I N last of Luke L-U-K-E.

Okay do you certainly state that the evidence that you shall give in this matter shall be the truth the whole truth and nothing but the truth I do okay okay um good afternoon officer Luke um can you just briefly state your job title job title is a police officer um employed for the city of Monterey by the Monterey Police Department and how long have you had that job for city of Monterey I've been employed for approximately three years of which three and a half was with the prior agency in San Jose California.

Were you a police officer in San Jose as well?

Yes ma'am okay on June 11th 2025 were you on duty as a police officer in Monterey?

Yes ma'am and were you dispatched to 1001 Hellum I was why dispatched for a domestic disturbance at that location between multiple family members and when you arrived on scene what happened I had made contact with an individual who identified himself as Albert Labante who was walking a large colored German shepherd later identified as bingo up the sidewalk onto the west sidewalk of high street just below the residence.

I had made contact with an individual who identified himself as Albert Levante, who was walking a large colored German Shepherd, later identified as bingo up the sidewalk onto the west sidewalk of High Street, just below the residence.

And was the dog identified as bingo, the same dog we saw a photo of um presented by Mr.

Gomez?

Yes, ma'am.

Okay.

So after you saw um Mr.

Labante and Bingo, what happened next?

I was speaking with Labonte.

I asked if the dog was friendly.

He had made a comment saying the dog was friendly, was just get startled or uncomfortable around those in uniform.

Um I asked him while standing approximately 10 feet away from him, a good distance, if he could secure the dog to the light pole that was right nearby.

It was dark as well.

As Labante was securing the dog to the pole, was having normal conversation, didn't take any steps towards Labonte, didn't make any furtive movements.

The dog unprovoked without growling, barking, or providing any signs, lunged across the street, is 10 feet away and lashed onto my left upper thigh.

So um bingo bit you suffer now.

Yes.

Um and did you sustain any injuries?

I did.

Could you explain those?

I suffered multiple puncture wounds to my upper left thigh and sustained bruising as well.

Did you require medical care?

I did.

I self-transported to the community hospital of the Monterey Peninsula for further treatment.

Um at that point in time, did you know whether Bingo had rabies or his vaccine, I should say?

I did not.

I was aware after the fact that he had bitten another subject, um, a DA investigator, um, but I was also advised that there was no proof of vaccination provided.

Did you also have to take the shots?

I elected not to.

So the dog was supposed to be quarantined for 10 days prior, and I wasn't notified that there was a positive uh rabies.

Okay.

And so you suffered lacerations, cuts, your skin was broken by the dog, is that right?

Yes.

Um, and how extensive was the bruising?

Um, it was probably the size a little bit larger than um like maybe two quarters together.

It was heavy bruising, and then the punctures were pretty deep.

They were not able to suture wounds, they had to heal on their own time.

And was this painful?

Yes.

What happened after you were bitten?

So after I was bitten, um, officer Hunt was advised that I was bitten by the dog.

The dog was told to be secured in the residence.

It was secured in the residence without any further incident.

Um leashed at that time and had maintained control of the dog and taken him into the residence.

Okay.

So I'm gonna show you what's been marked as exhibit one.

Thank you.

Um, Officer Luke, if you turn to page three of that, um, is that the supplemental report that you authored regarding um this dog bite incident?

Beyond page.

Yes.

Okay.

And does that um report truly and accurately reflect the events of that day?

It's a summary of the events, but to the best of my knowledge, yes, ma'am.

Okay.

And is there anything else you'd like to tell the hearing officer um about the dog bite incident?

Um, as to the incident, just like to relay that um I've been on numerous calls with dogs that have been considered vicious, anything like that.

Um, this dog unprovoked, um, bit me.

It was probably one of the first ones, whereas you're standing a good distance away, um, maintaining a normal composure with the owner and the officer.

It wasn't a confrontational encounter whatsoever.

It was an encounter that would be considered normal if anybody was outside and the dog unprovoked without any warning signs, um, bit me.

Okay.

So I just like to relay that it's was very abnormal um behavior for a normal dog, as I've owned numerous dogs in the past as well as as Leo has as well.

And I've and I also have a large German shepherd as well, and I've never encountered that type of behavior.

Okay.

Thank you so much for your testimony.

Um Mr.

Labonte, if you're on the call and if you have any questions for Officer Luke, now is the time to unmute yourself.

Okay, sure.

Um, you know, my understanding and recollection was um not on the east side.

Um was it was on the left side of high street.

And my recollection is he was 100% on a leash.

And I specifically remember um officer uh Luke asking me if the dog was friendly, and I said absolutely not friendly when he is um approached in a hostile manner.

Um not to say that he is a friend, he is a friendly dog, but when he feels threatened, most certainly um he is not a friendly dog, and I warned him not to approach.

He continued to approach, and that's when the dog did bite him.

He was on a leash.

Um the officer has the side of the street um correct, and I did tie him uh to the poll while he was on the leash.

I I asked that um you guys observed the uh the video uh footage from his um either squad car or from his vest and see that what I'm saying is 100% accurate.

Do you have any specific questions directly for Officer Luke, or was that just your statement right now?

Um well, I I guess yeah, that was what was the statement.

Um what why would he continue to uh approach a dog when I said no that the dog is not um friendly friendly with people that are in uniform that are acting in a hostile manner?

Why would he continue to approach?

Okay, I'm gonna allow Officer Luke to respond.

Okay.

So during that encounter, I had asked, it is the west side of the sidewalk, depending on the the cardinal direction you're looking at.

It is the sidewalk closest to the residence where there's a light pole.

Um, I asked LeBonte if the dog was friendly.

He gave the answer if he was friendly, but not to those uniforms we may get startled.

Um, I told him to secure the dog as he was securing the dog.

The dog lunged at me unprovoked.

I didn't make any fork movements that I can recall or anything that would have established that we had a confrontational encounter.

I also recall calling the dog, saying the dog was handsome right when it bit me as well.

So I was saying what a handsome dog, and that's when it latched onto my leg.

Okay, thank you.

Okay, no questions?

No questions.

Okay, and no questions on my end either.

So thank you, Officer Luke.

You're excused.

Okay, thank you.

Um the city next calls Lieutenant Pincus.

Uh Jake Pinkis, J A K E P I N K A S.

Okay.

Do you summonly state that the evidence that you shall give in this matter shall be the truth, the whole truth, and nothing but the truth?

Okay, thank you.

Okay.

Lieutenant, can you briefly just describe um your position with the city of Monterey and your job duties?

Uh yeah, I'm a lieutenant of Monterey PD.

Um, I currently oversee um half of patrol and the community action team as well.

And do your duties um involve anything with vicious dogs?

Uh yes, our CSOs are part of the community action team.

Um, and our CSOs part of their duties is animal control.

Okay, and so you oversee animal control essentially.

Correct.

So I'm gonna ask the hearing officer to turn to exhibit four.

Let me bring over ones that you will need.

So if you turn to exhibit four, can you tell us what this is?

Uh yes, it's uh notice of vicious dog status letter.

Um that was issued to Mr.

Labonte by CSO Perez.

And at the bottom, um it says Lieutenant Jake Pinkis.

Did you sign this letter?

Yes.

Okay.

And we have an unsigned copy, but you signed the one that was actually mailed to Mr.

Labonte, is that right?

It was hand delivered to him.

Oh, hand delivered.

But it was signed, correct?

Okay, and signed by you, and you reviewed the letter before it was served.

I did.

And what date was this served?

June 12th.

Okay.

Um and so that would have been immediately after the date that Officer Luke was bitten, right?

Correct.

Um, after that instance, we had um two unprovoked attacks resulting in injury on humans, therefore meeting the vicious dog status.

So we issued the notice explaining that his dog needed to be licensed, uh provide uh proof of vaccination.

The dog had to be muzzled if it was off property and it had to be on leash any time it left property.

In preparing this letter, did you review the prior reports of infant incidents involving bingo?

Uh yes.

However, at the time I was unaware of the 2023 report.

Okay.

Um we got a new records management system, and I wasn't able to search for it.

Uh, but I was aware of um the bite on DA investigator Gomez and Officer Luke the night previously.

So if you turn to exhibit five, um that is the report involving DA investigator Gomez.

Is that right?

Correct.

And you reviewed that report, correct?

I did.

And this report accurately um or is maintained in accordance with the department's policies for incident reports.

Yes.

Okay.

And you um downloaded this directly from the department's records management system.

I did.

Okay.

Um, and you today listened to the testimony of DA investigator Gomez, and it generally um matches the report.

Correct.

Correct.

Okay.

So that's just for the your reference hearing officer.

And then um with the new records management system, you were also able to find an incident you mentioned in 2023, and that we've marked as exhibit six.

And can you um tell us what that report documented?

Yes, uh it was May of 2023, and Officer Lee was dispatched to the 900 block of Wainwright regarding a dog attacking a cat.

Um, the cat was taken to the emergency vet.

Um, the dog was uh identified as bingo.

Labante showed up on scene to take custody of the dog, and the cat succumbed to its injuries later.

Okay.

And when you say Labante, was that Albert Labante?

Yes, sorry.

Okay.

And going back to the June 12th, 2025 letter, you mentioned that the letter ordered Mr.

Labonte to keep bingo on a leash any time it left his property.

Is that right?

Leashed and muzzled, yes.

Leased and muzzled, muzzled.

Okay.

And then I see prior to that it said the dog is to be strictly maintained on your own property.

So would that include um being, you know, if it was in the yard, it had to be fenced in and things of that nature.

Correct.

Um didn't need to be leashed and muzzled.

Uh, you know, to go to the R to use the restroom.

Um, but if he was going to the R to use the restroom, the property had to be maintained so the dog couldn't get out.

Okay.

Okay.

That's all the questions I have for Lieutenant Pincus.

Okay, thank you.

Mr.

Labonte, if you have any questions right now for Officer Pinkis.

Can you mute yourself?

Um, I I don't know what questions to ask at this point.

I I think this is um basically a witch hunt on my dog uh that um it is you know a very kind and gentle dog, but when provoked, um can be um as a vicious dog.

Um, but unprovoked um isn't is not an accurate statement of of my dog.

Um he was provoked 100% provoked on all occasions.

Okay, thank you.

We'll go ahead and end that right there since there's no further questions.

Uh just a clarifying question on my end, officer.

Yes.

Um on the report that you found from May of 2023.

Yes.

Is that because they got lost or no?

Then this could have been the first one.

No, I'll do my best to explain it.

So uh we got a new records management system.

I believe it was like mid-2023.

Okay.

Um, and uh you can search for locations in the new records management system, but it won't go back to reports from the previous records management system.

You have to search specific reports.

So if I knew the number, I could find the report, but I didn't know the number.

So if I just searched, say 1001 Hellum, it wouldn't have popped up in the new on the new records management system.

Okay, got it.

So, in a sense, now we're talking about three different occasions as opposed to the two the complaints.

I was aware at the time I I wrote the letter, I was aware of the two human bites.

Okay, got it.

Thank you.

Any additional yeah, so no further questions for Lieutenant Pinkness, the city's gonna call Officer Diaz.

Okay.

Thank you for testimonies.

You can state your full name, please.

My name is Brendan, E-R-E-N-E-A-N, last name D S D I A S.

Thank you.

Do you certainly state that the evidence that you shall give in this matter shall be the truth, the whole truth, and nothing but the truth?

I do.

Okay.

Thank you.

Okay.

Um Officer Diaz, are you a police officer for the city of Monterey?

I am.

Hey.

And how long have you been a police officer here?

Just about three years now.

Okay.

Were you on duty on December 31st, 2025?

Yes, I was.

And were you um dispatched to a call at 1001 Hellum?

The call was actually initially dispatched to a neighbor's red residence uh on High Street.

Okay, excuse me, yes.

But yes.

Okay.

And um, what happened when you went to that call?

So I initially handled the call via phone call um just to establish what had what had occurred.

Excuse me.

The reporting party um let me know that her neighbor, in summary, uh her neighbor's dog had um killed her cat.

I asked clarifying questions to see exactly what had happened.

She said at around 1:30 a.m.

she was awoken to the sound of yelling and a bang heard outside of her bedroom window.

Uh shortly thereafter, her 11-year-old daughter came into her room and let her know that she had heard the sound of her of their neighbor calling bingo come here, along with footsteps along the side of their residence and meowing, the sound of meowing that had abruptly stopped.

Um the reporting party, then um Raspberry woke up her boyfriend, and the two searched throughout the residence to see exactly what had happened.

Um while looking, uh, they had observed that their cat, Barbara, was deceased in their backyard, and a side gate was damaged.

Okay.

And after the phone call, did you go to the scene?

I did, yes.

Okay.

And did you observe the deceased cat?

I did.

The cat was taken to me in a it had since been collected.

Um, it was in a cardboard box.

Um, and I I did withdraw the cap from the box and examine the cat.

Okay.

Um, and if you turn to page, oh sorry, I need to give it to you.

So this is exhibit two.

Do you recognize that as the report you wrote regarding this New Year's Eve incident?

Yes, I do.

Okay.

If you turn to page five, there's um a photograph of a cat.

Is this the deceased cat that you're referring to?

That is correct.

And that was both my partner and I um on scene manipulating the cat and taking photos.

Okay.

And I'm sorry, it is rather graphic, but um, if you could just hold it up so that the camera can see it for Mr.

Labonte as well.

So um so this is picture is actually a little bigger.

Oh, okay.

Um so can you just tell us what that picture is showing?

Um, so again, that that's of the cat, Barbara.

Um, while I was examining the cat, I had observed that it was in a state of rigor mortis, its body had already started becoming rigid.

Um that's okay.

I think he's seen it.

I think that's enough.

Yeah, thank you.

Sorry.

It had two large lacerations on its left side from which internal tissue or and or organs uh were spilling forth.

Uh between those lacerations, there was also a large area of what appeared to be saliva.

Um and while manipulating the the cat, um, despite it being in a state of uh rigidity uh with its uh time since deceased becoming deceased.

Um, I noticed that right in between the two lacerations, um it felt unstable as if it's its back had been broken.

Okay.

So based on your training and experience, this was not a natural death of absolutely not.

Okay.

Um, and did anyone on the scene you talked to tell you um that bingo had killed Barbara?

So on the scene, the reporting party and her daughter both recognized the name Bingo as the dog belonging to their neighbor.

Um, and upon further specification of which neighbor that was, um, the reporting party stated that it was her neighbor Albert, who lived across the street at 1001 Helen.

And did you go over to 1001 Helen?

I did.

And did you um speak with Mr.

Labonte?

Initially we had spoken with his mother who was there.

Um she greeted us at the front door.

Uh Albert lives in a uh it's connected, however, it doesn't share to my knowledge, does not share um doors with the main residence.

Um so it's like a backward back uh secondary uh additional dwelling unit.

Um and we had knocked on the door multitude of times.

He did not come to the door.

Um while we were interacting with his mother, um Lieutenant Andrews and I, another officer on scene.

Um I I observed the two of them speaking on the phone.

Um Lieutenant Andrews had let Albert know that he had warrants uh to come over to the police, turn himself in.

It also advised him that his dog was involved in an incident with the neighbor's animal.

Um did either Mr.

Labante, his girlfriend or his mother admit that bingo killed Barbara.

No, his mother was unaware of any incident involving bingo.

Um his um his girlfriend, Jennifer Scheiber, um, who was inside the residence when we were there.

Um, she stated that she was only there because a few hours prior to our contact, Albert had shown about her residence, um, stating that his dog had killed a neighbor's cat, and he was demanding her assistance in helping clean up uh the cat.

Uh Shreiber clarified that she didn't think he was attempting to conceal the cat, but was attempting to uh clean up the the area for a better presentation to the owners when they discovered.

Okay.

Um, I want to go back to um, I think you mentioned in talking um to the neighbors about the gate.

Was there a gate between their two properties?

Um they did have a side gate.

Um, however, the orientation in which these houses were located, there's a street between them.

Okay.

Um, but there was a side gate involved, yes.

And I I did see the side gate and it was um bent buckled inwards uh towards the backyard.

So was this a gate on Mr.

Labonte's property?

No, this was the reporting party.

The reporting parties.

So this is where the um dog, presumably bingo got into the backyard where the cat was.

Yes.

Uh upon examining the area, um, in the area alleyway in front, it didn't actually look as if um the dog had fully gone into the backyard.

It looked as if there was a disturbed area of grass on a planter right in the in this narrow alleyway that led to this gate.

Um so there's a disturbed area of grass there.

That's where when I was speaking on the phone with the reporting party, she had sent me an image of her cat to confirm that her cat was now deceased.

Um, and that's where it looked like her cat was was initially before they had placed it in the box.

Um, additionally, in that alleyway, there was a tuft of fur that I located, it appeared to be the same color as the cat's.

Um, and uh there were also pieces of the cats, what appeared to be the cat's tissue is the same color and uh texture um as as the cat's exposed tissue, and that was just lying in the uh scattered in in that alley.

Um, and then at the end of that alley was that uh gate, and it appeared to have been buckled towards the inside of the backyard.

So as if it had been pressed on from the outside.

Okay.

And just so it's crystal clear, the area where the cat was killed was not on Labonte's property.

No, it was on the neighbor's property.

Okay.

So assuming the admission by the Mr.

Labonte's girlfriend's correct that bingo killed the dog, bingo would have had to gotten out of the property, not have been muzzled and then killed the dog, the cat, excuse me.

Is that right?

Correct.

It would have had to have gotten off Albert's property across across to the street and then gone on to the neighbor's property.

Okay.

Um then for the record, that exhibit um two that's in front of you.

That's the report that you authored about this incident.

Is that right?

Yes.

Okay.

And um on the second well, it's not the second page, it's the sixth page.

There's another photograph.

Do you see that?

It's of um, I believe the cat's paw.

Yes, I see that.

And um I think you were trying to show that there was fur between the cat's um claws, I guess.

Correct.

Yes, I noticed that when I was examining the cat, both of its front paws, uh, the nails were broken as if it had been fighting.

Um, and in some of the nails there were uh remnants of uh fur that had that had gotten stuck in the broken nails.

Okay.

Um thank you.

I don't have any further questions, Officer Diaz.

Thank you.

Mr.

Levante, only if you have any questions for Officer Diaz.

Uh you can mute.

Okay.

Um yes, I I do have um some questions um for officer Diaz.

Um at what time did he uh was he aware that uh a cat was deceased?

And uh at what location was um he present at at um where the cat was deceased.

Um go ahead and she respond.

We received the call at approximately 145 a.m.

145.

Okay.

Uh I I remember uh somewhere somebody said 130, but okay, what 145 a.m.

So you um arrived at what was the address uh shortly after 145 a.m.

I would ask if I'm at liberty to disclose the reporting party's address.

Oh okay, but um what was the address um across the street from 1001 Hellam Street where uh bingo presides?

Um I think it's fine for you to state what time you arrived at the area.

We don't need to disclose um the reporting party's exact address.

Okay.

Right.

Yeah, my my point is um that is across the street from where bingo lives.

Um bingo when when I arrived, bingo was up on on the roof.

I leave the door open for bingo.

Bing bingo what he's not able to leave the property because it's too um is it's not is not capable of him leaving the property.

I I feel comfortable clarifying that it was across the street, yes.

Okay.

Um you you mentioned you saw some fur underneath the cat.

Um, what what color fur was that?

It was a off-white color, it was pretty distinct from the cat's own fur, which was a very white color.

Uh, this was a uh again an off-white color.

It's difficult to state exactly what color.

Oh okay.

Did you collect any of that fur?

Images were taken of the fur.

Okay.

Yeah, or um is it possible to have that fur analyzed at this time?

I I the reason I I say this is because I was attacked by a raccoon there.

Um probably about a week week uh prior to that, and the raccoon actually bit me.

And prior to that, uh bingo was attacked by a mountain lion, and he lost part of his left ear, which you could actually take a look at some of the photos of the dog and see that he was attacked by a mountain lion and bit off part of his ear.

So how how do we how do we know for sure that it was bingo?

I never said directly that it was bingo's size.

But you try you tried to to um you know get me to say that it was bingo.

I never said how do we know it wasn't a mountain lion or or or a raccoon, the same raccoon that possibly bit me a week prior.

Okay, I'm just gonna object that this is getting argumentative.

He's given in.

Yeah, no, I can I completely understand where where, but I think the the burden of proof um is not been met.

Is is bingo being a vicious dog.

And if I can, I would like to get back to the the first witness.

Um I I guess officer uh Luke, I I guess I I've got some questions for him.

And um, and I'm gonna most certainly object to whether the dog was on a leash.

He was he was most certainly on a leash at that point.

He was tethered.

And the the other officers that were present um actually measured the leaf that he was on and said, Oh, yeah, it's uh it's a 12 foot leash, which is possible for the dog to uh not go up and down the stairs, but to roam the front for it, and that's as far as he could go on that tethered leash.

Okay, I'm gonna go ahead and stop you there.

Um just uh Officer Diaz here.

Um, and I believe that will conclude the questioning.

Um, but just to clarify some points or to ask for clarification points.

Um, did anyone actually see bingo leave the property on that day?

No.

No.

Not that not that I was able to contact Bill.

Okay.

I think that's all I had.

Okay, missing that.

Um, well, Officer Diaz, um, based on visiting the property as well as your training and experience.

Would you say it was possible that bingo would have been able to leave the property?

I believe so.

What I actually documented in my report is uh when we had arrived there.

Um as the DA investigator Gomez had mentioned, the the orientation of the property is not standard.

Um if you're on the the main street facing the the the front entrance, um it's essentially a large retaining wall, which stairs then lead up to the second floor, which is the primary floor of the residence.

Um then there's a balcony on the north side of the residence near the driveway area, and then there is a third floor connected to his uh secondary dwelling unit, um, which has a window that overlooks the roof.

Um when I went there out of concern for my safety and other officers on scene because we had received reports that a dog was back home.

Um I wanted to see if the dog was going to be an active threat as officers were on scene investigating.

So I went over to the balcony and I looked up.

Um there was about a I believe I list it as a five to six foot drop from the the line of that roof um onto the the floor of the balcony.

Um I do not have a lot of experience with large dogs, however, I do know bingo to be a rather large German Mile Noir mix, and I don't believe that a five to six foot drop would be an outlandish assumption for the dog to be able to uh jump from its area of containment to then a completely uncontained area.

Okay, thank you, Officer Diaz.

I have no further questions, no further questions either.

Thank you for testimony.

Okay.

Um the city would like to call either Stephanie or Philip Seldabar.

Um I'm gonna go ahead and stir you in.

So please just tell me your full name and I'll do it at the same time.

So go ahead.

Uh Stephanie Dominguez, S-T-E-P-H-A-N-I-E D-O-M-I-N-G-U-E-Z.

And your name, sir.

Fellow Salvabar, S-A-L-C-I-B-A-R.

Okay, thank you.

Do some least state that the evidence that you shall give in this matter shall be the truth, the whole truth, and nothing but the truth.

Yes.

Okay, thank you.

Go ahead.

Um thank you for being here.

Um, Ms.

Dominguez, is Barbara your cat?

Yes.

Okay.

And were you at home in the early morning hours of um December 31st, 2025?

Yes.

And can you tell us what happened that morning?

So I was awoken um by a loud banging noise and yelling um shortly after our daughter came into my room and saw that I was awake and she said, Stephanie, did you hear that?

And I said, Yeah, I did hear that.

And she told me that she heard our neighbor yelling, bingo, come here.

And footsteps outside of her bedroom window.

Um I then went, I woke up, went and looked around.

Um, I was honestly too afraid to go outside um off my porch um because it was dark about 139 by the time I went outside and looked around.

Um so I went back inside.

I woke up my fiance, Philip.

Um we went outside together, and that's where we witnessed and saw Barbara laying dead.

I have um photos on my phone, if I could show those of the area where we found her.

Yeah, um, it will be hard to then I'm gonna need those pictures too.

I can email them.

You could yeah, if we could email them in afterwards, um okay.

So this area, I don't know, it's gonna be hard.

It's dark.

Um you can see Barbara, you can zoom in.

That little white.

You can see her laying.

Laying there.

Um, so that's one of the videos.

This is our um gate that was bent inward towards our backyard, and then we also have a closer picture of her laying there.

And once I send you these, you will see the lacerations.

Um that she come to, thank you.

Um Ms.

Dominguez, you said your daughter heard someone yelling bingo, come bingo.

Is that right?

Correct.

Okay.

And are you familiar with a dog in your neighborhood named Bingo?

Yes.

And can you describe that dog?

Um, a big German Shepherd like dog.

Um, I see him on the roof all the time.

I even have a picture of him on the roof after the incident, howling and crying and barking.

Um yeah, big brown, light colored on the chest.

Um German Shepherd mixed dog.

Okay.

And prior to that evening, had your gate fence area been pushed in like that.

No, no.

Okay.

Um you heard the testimony of Officer Diaz describing what happened to that night.

Um, do you agree with that testimony?

Yes.

Okay.

Um can you um tell us sort of how bingo's actions have impacted you and the neighborhood?

Um mainly, I mean, no one wants their domestic cat to be killed by a neighbor's dog.

Um, my our daughter hearing all of that had to sleep with us for a week because she was terrified.

Um, I have a one-year-old at home.

If my baby's outside playing, I'm not wanting this dog coming on my property to kill my child or my other dog or my other animals that I have.

Excuse me, sorry.

It's okay.

Um our other daughter who was at home at the time at her mother's house.

Um, that was her baby, her cat.

Um, completely tore her apart.

Um, so just emotionally disturbed.

I feel like I can't walk my dog now, be outside.

Um thank you.

Um, is there anything else you'd like the hearing officer to know?

Um, I don't know.

I don't know if you want.

I have a picture of the dog on the roof of his house property.

I don't know if that would be helpful at all either.

Okay, we've confirmed the identity of the dog, so thank you for the other pictures.

Okay, thank you so much.

Thank you.

You know, it's difficult.

Um Jack Cordier.

Uh thank you.

Well hi there.

I please say your full name.

Yeah, Courtney.

A do you spell your last name, sir?

Uh C-O-R-D-I-E-R.

Do you solemnly state that the evidence that you should give in this matters shall be the truth, the whole truth, and nothing but the truth.

I do.

Okay, go ahead.

Okay.

Mr.

Cordier, thank you for being here.

Um, are you also uh neighbor in the area of 1001 Hellam Street?

Uh is that a yes?

Yes.

Okay.

Yeah.

Um and are you familiar with the dog known as bingo?

I am.

How so?

Um, I see him on the roof.

I walk my dog bently every morning and afternoon.

And pretty much 80% of the time he's on top of the roof.

Most of the time barking at other people that walk their dogs by their pretty loud bark.

Okay.

Um, so that's how I know him.

Okay.

Um back to 2023.

Um, were you involved in an incident with bingo?

Yes.

Yes.

Um my cat, Gregory.

Take your time.

No, as much time as you need.

Oh man, sorry.

No, it's no please take your time.

My cat Gregory was uh sleeping on a porch, my porch, which was fenced in.

And my wife heard a commotion out there with the cat meowing and um a dog growling and had Gregory in his mouth shaking him crazily, just crazily off leash in our yard over our fence.

Uh we had the officer uh we showed them the film.

Actually, we had it on film um of the dog with the cat in his mouth, and uh bingo, which was the dog.

I I identified him, I knew he was the dog um had to be restrained from Albert.

He actually had to lay on top of the dog, and uh, so we could get the cat out of his mouth, and uh we took him to the um the vet to try to save his life, and it didn't happen.

He had to be euthanized, so yeah, that's uh how I know the dog and uh that dog I worry about the neighborhood with the kids around there and the elderly people that walk their little dogs and even bigger dogs.

Oh, thank you.

So just so the record is clear.

Um on that night in 2023, you observed your cat Grigory being attacked by bingo.

Well, my wife did.

Okay.

My wife, not myself, my wife.

Your wife's here.

Um and ultimately your cat passed away due to the attack.

Is that right?

He did.

Okay, and at that time, um, bingo was not on the leash, you said.

Oh no, he wasn't on a leash.

Okay, no, Albert had to physically lay on top of the dog to restrain him.

And did you know Albert before this incident?

Yes, I I knew Albert Labonte um and his mother Elizabeth, uh, from walking our dogs prior to him getting a dog, uh, we knew him and um I don't know why he got that dog there pretty irresponsible as far as keeping him on a leash and keeping him away from other animals.

Okay, so I you know, I don't know why he should he shouldn't have a dog.

Sorry.

Um is there anything else you'd like to tell the hearing officer?

Um just thank you for having this hearing.

And I think the the neighborhood in the city of Monterey would be better off without a dog with that dog, that particular dog.

Uh he's uh he's a menace.

Thanks for comments.

Not trained, it's a big dog.

It's gonna hurt somebody else, and I'm a dog lover too, pet lover.

I I love all dogs, but thank you, Mr.

Cordy.

We really appreciate it.

You're welcome.

Um the city's final witness is Chief Hober.

So you can just um Ms.

Yepes, did you want to ask if Mr.

Labonte had any um questions for the neighbors?

Yes, he has a right to cross-examine witnesses, but only questions.

Yes, the Mr.

Labonte, uh, only if you have questions uh for the left witnesses, if you could unmute yourself.

If not, we won't move forward with the last witness at the sure.

Um, you know, I I'd I'd like to you know say that everything is pretty much false except what what uh Jack was saying.

Um and once um, you know, Jack um you know told me that hey, bingo has to get trained.

Bingo was trained to love cats, and he loves cats to this day.

Bingo cannot jump off of that roof and then jump back on the roof, it's just not possible.

Um I was calling bingo to come in because he was howling outside, probably to protect the cat from raccoons or other fishes to hand.

So there's a misunderstanding there.

And bingo has always been on a leash, except that one time when he attacked Jack's cat, which you know, my understanding his name was Henry.

Um but I guess that's neither here nor nor there.

Um I I'm going through a lot right now.

My mom has uh a little bit of dementia, and you know, for you guys to you know act that uh bingo be put down, it um it's not I I don't think it's it's right.

I I would rather um move out of the state or country than to have my dog put down for something that's completely unjust, Mr.

As far as his questions for Stephanie.

Um how can you say that you know that that the dog opened the gate?

You know, it's like could a person have done that?

Like, how do you how do you know that the dog pushed open the gate?

Um you have pictures of it.

Do you have any camera footage that it wasn't wasn't maybe some?

So Mr.

Labonte, you're gonna have a chance to speak, but being that you don't have any questions, we're gonna move forward with the last witness.

Okay, um, Chief Hober.

You can state your full name, please.

David J.

Hober, H O B E R.

Do you solemnly state that the evidence that you shall give today shall be the truth, nothing but the truth?

Yes.

Okay, go ahead.

Okay.

Chief Hover, can you just briefly um tell us um your name, job training, job title?

Yes, David J.

Hober, Chief of Police, City of Monterey, uh chief since July of 2015.

Um, I was a deputy chief of police in the city of San Jose from 1988 until 2015, with the exception of about a year and a half when I was a special agent with the Federal Bureau of Investigation.

Uh, I've worked every aspect of policing um in small to very large local, state, and federal agencies.

And do you have a copy of your January 6th, 2026 letter?

I do.

Okay.

I've marked this as exhibit three for the hearing officer.

Um, and just for the record, that's your signature on the third page.

Yes, ma'am.

Okay.

Um, so the letter states that bingo was impounded, you know, seized and taken to the SPCA um based on multiple incidents that we've heard about today.

Um, in your professional experience, did bingo pose an immediate threat to public safety if he was not impounded?

Absolutely.

Throughout your career, have you had experience with other vicious dogs?

Yes.

Okay.

And being familiar with bingo's history and based upon your experience, would remedies besides euthanization for bingo adequately protect the health, safety, and welfare of this community.

Absolutely not.

As we have heard from multiple people.

We've had two cats that have been killed by bingo.

Uh two people who've been attacked by bingo.

Um, all of this unprovoked.

Uh, in some cases, following a woman and her dog to their front yard in 2023 and then attacking a cat who was laying on the on the front driveway.

Uh a person going to the house to serve a court document being attacked, an officer who was simply talking to Mr.

Labonte, who was attacked, and finally a cat who in the middle of the night was killed by this dog.

Um, as well as other documents that I've read about statements that were made by Mr.

Devante's Labante's girlfriend that this dog had attacked a child previously.

We've here heard dramatic emotional testimony, and and I can do no better in describing what the community has described, that they are clearly afraid not only of the danger posed to other cats, but of children.

Uh and both of the people that were attacked by this dog were grown men.

What if that were a child?

What if it was uh uh uh somebody who wasn't as big as those men and the dog had instead uh grabbed them around the throat or somewhere else?

There's no doubt in my mind.

And as many have stated here, I love animals.

I love all animals.

That dog is a beautiful dog, unfortunately.

It's not uh been properly trained, it's not been properly cared for, it's not been properly controlled.

It's interesting to me that Mr.

Labante now is claiming full custody of this dog when we know that previously he's he has stated it wasn't his dog, it's his mother's dog on several occasions.

Um I I think we have a duty and an obligation to put this dog down.

It's dangerous uh not only to other animals but to people and specifically to that community.

I can't imagine living in that community with a dog.

I mean, we're we're hearing testimony about a dog standing on a roof barking at people.

That that boggles my mind that that is occurring, and that absolutely should not be terrorizing this neighborhood in which that dog and this very unresponsible owner uh lives.

Yes, um, okay.

So, in your professional opinion, um euthanizing the dog is the appropriate remedy.

Absolutely, yes.

Okay, I have no further questions.

Thank you.

Commissioner Labante, only if you have a question, please unmute.

You will have a chance to speak, but only if you have a question for Chief Hober.

Yes, um, Chief Hober.

Um, you met Bingo.

Did you say have I no?

I I I know you've heard a lot, but have you met Bingo?

No, I have not met Bingo.

How do you know for certainty that um he is a vicious dog based on what other people have said, but how do you know for sure?

Because what I am saying is that the only thing that's a hundred percent not even a hundred percent accurate is what the neighbor Jack was saying.

Um, and I and I'm trying to be as respectful as I can.

I I I do know that you know you you are trying to look out for the benefit of the community, and I a hundred percent respect that, but how do we really know unless somebody was actually there?

All of the I I believe all no, and you said that I was uh I was a uh irresponsible.

We can't answer the question.

Would you like me to answer your question?

Yes, I I would.

And I I apologize for being emotional.

It is my my dog, my boy.

I understand.

Sir, the reason I believe this is because of all of the evidence that has been presented here today, and all of the evidence that we know, it's very clear that the dog is vicious, no matter what you are relating.

We have all kinds of witnesses and people that have been attacked by your dog and cats that have been killed by your dog.

It is it's just nonsensical that your dog is not only a danger, but also a menace.

That's your opinion.

But I, you know, I I would how do you know that that dog wasn't whining for help to have somebody help that cat rather than then injure that cat because after the incident with Jack, I did thorough, thorough training to ensure that that dog loved cat.

Thank you for the question, sir.

It's because as many of the people have related, I've had many dogs in my life.

And based on my experience with dogs and what I've heard here today, your dog was not whining for help.

He was killing cats.

Well, according to Ms.

Stephanie, he said the dog was whining on the roof.

Yes, which is odd whining.

They start whining noises like that.

You know, I I'm gonna say I I wish you could could meet bingo, and I wish you could um you know, see how he was trained before you you make uh a determination on how vicious he is.

He's a very protective dog, but vicious in unprovoked attacking, absolutely 100% not.

I realize that's a statement and not a question.

I I I would like to get a little bit more organized, but yes, I I do have more questions for everybody because I think it's that important because this dog is not a menace to society.

Um he's a all he wants to do is protect the neighborhood.

Yes.

It's case with Chief Hober now.

So if you would like to make your presentation to the hearing officer, I think now would be a good time for that.

So I can get a little bit more organized.

We think, you know, this dog presents such uh I I understand that I understand what people think, but without concrete proof, all I ask is that we we just give it a little bit more time before we rush to judgment.

Commissioner Labonte, we are having the hearing here today.

Um I I understand the hearing, but I'm just saying before we make a determination to, you know, it it at least is just given another day.

And let me get a little bit organized.

I do have a number of health issues that that have kind of sideswipe me along with my mother, um, that has early onset dementia, and it's been a it's been a struggle to say the least.

So we will go we will go ahead and move forward.

The city has now rested their case, so I will turn it over to you.

I cannot see, but I will swear you in.

So if you could please state your full name.

Um my name.

Yes, please.

Is Albert Joseph Labonte the second.

Do you solemnly state that the evidence that you shall give in this matter shall be the truth, the whole truth, and nothing but the truth?

Yes, I do.

Thank you.

I will now give you the floor to speak.

Uh and you can share anything that you want to share going back from what you've heard today and anything new.

Right.

You know, you know, like I said, I I'm not a legal type person.

I I'm just a normal um, you know, I I thought uh, you know, good godparing, law-abiding citizen that that always, you know, puts um you know, my neighbors in the community thoughts and wishes, you know, before my own.

And I think that what we're doing here is we're we're we're rushing to uh to to put to death uh a dog that actually should be given a at least a chance or at least me an opportunity to show and explain that hey, bingo is not a vicious dog.

Bingo is has been trained to love cats.

Bingo would never bite anybody unprovoked.

Bingo has always been on the leash from uh from Officer Gomez when he approached the house on um that day when he was serving serving papers, he absolutely 100% was on a lease.

Um and with um regards to uh the other other incident, you know, the uh officer Austin said said for himself that he made a mistake, whether it was the east side or or the west side uh of high stream.

Um we we can't just rush the judgment and put a dog down that the this dog is his been trained to to love people and to love cats.

Um it's it's just I I feel like it's a witch hunt and that you know I would like to bring evidence to show you know people at this hearing that hey, you know what he's been misseled, he's not a vicious dog, he didn't do anything unprovoked.

I I spoke with uh uh officer Luke uh Austin and said that no, he doesn't feel comfortable around people that that approach me because he's been he wants to protect me.

And I told him no, he's not friendly when it comes to that.

He loves bright and people, but if he feels that you know he's threatened or I'm threatened, absolutely 100% yes, he's he's gonna he's gonna try to protect me to the best of his ability.

Um as far as me not being responsible.

I have to completely disagree with all of that.

Well when somebody said that he needed training, that's all that I did was train that dog to love cats.

Um one cat, one mistake.

Um but the the other the other bites, um, the other cat absolutely false.

More more likely that uh the cat was was injured by another animal and not bingo.

Um the bites on on the officers, he felt threatened and he was provoked.

None of none of the injuries, you know, it's like they they make it sound like it was severe, but in reality, not a single stitch was taken.

Uh and I do feel feel bad for those people, but you know, it's like, come on, you know, it's like you're approaching the the the dog's house, the dog's territory.

That's what dogs do.

A lot of people buy dogs for protection.

As far as I could see, um, you know, it's like we do have one unfortunate incident with it with the cat.

Um the others are not justified and wanted in in any way.

Uh I I believe that bingo should be given at least another another opportunity.

Uh and I promise everybody here if that opportunity.

I put my life on it because it's that important to me and to bingo.

Thank you, Mr.

LeBante.

I have and have made no turn it to the city for any questions or to counter.

Um, I don't have any questions for Mr.

Labane.

I'll I'll make a brief um closing statement when we're ready.

Okay.

I also don't have any questions.

Um Mr.

Labonte, is there anything else you'd like me to know before we move forward to closing statements?

Mr.

Labonte.

I I I'm sure there's there's there's a million things that that I would like you to know, but like I said, I I've been kind of just like hit hit by the side here.

I I'm kind of uh uh unprepared.

And um it's just an unfortunate situation.

I I understand you guys want to rush the judgment, but I beg that uh you guys give us just a little more time so I can clean my case.

Thank you.

So we would now go ahead and move forward with closing statements, uh, starting with the city.

So just briefly, you know, the city believes we presented overwhelming evidence today that uh bingo the dog qualifies as a vicious dog.

There's um testimony from two peace officers that they were bitten without provocation, one before he even um got to the front door.

Um it doesn't really matter if the dog was on a leash then or not.

You're whether leashed or not, your animal cannot bite a human being.

Um he did that twice.

So the idea that this is a rush to judgment is completely false.

Um this dog has had multiple chances, and yes, it's unfortunate that we are in this situation, but a leash is clearly not effective.

Um bingo had been ordered to be muzzled when it left the property, and that was before um Barbara the cat was killed.

So those remedies are not effective any and will not protect the community.

Um, I think not just by a preponderance of the evidence, but really the overwhelming nature of this evidence that bingo is um a threat to people and animals in his community and should be euthanized.

So the city um asks, well, um the hearing officer is sort of confronted with a difficult choice.

Um, we really asked that this dog be humanely disposed of.

The Matilla Bonte, if you want to make any closing remarks.

Yes, I I I would um there's absolutely no evidence that bingo killed Barbara the cat.

No evidence.

I think there's more evidence from what I've said that you know it if Barbara the cat would attack, more likely that it would have been attacked by a raccoon or mountain lion that I've seen in the neighborhood.

And if you ask the neighbors, hey, have you heard Albert um uh calling about you know raccoons in the neighborhood, they will probably tell you, yes, Albert has seen raccoons in the neighborhood.

Albert was attacked by a raccoon in the neighborhood.

Um and as far as the the dog being on a leash and muzzled, absolutely was on a leash and muzzled.

And and I believe that bingo has a right to um you know be the king of his castle at his residence when he is provoked by somebody um that that invades his his territory that is is a way of provoking a dog.

Absolutely 100% yes.

Bingo would never bite anybody unless he was provoked, period.

No ifs, hands or buts about it.

Thank you, Mr.

Labonte.

I think that concludes our hearing for here today.

That was a heavy one.

So I do thank everyone uh for their courage here today to share their experiences.

Um I have all the exhibits here with me.

I have your your testimony here today, and I believe I'll be getting some images uh that are going to be emailed to Alicia.

So I'll be getting those later.

Uh, like I said earlier, I will not be making a decision here today, but a written decision will be going out in the next 15 days or so.

So once again, thank you everyone for your time, and that concludes our hearing for today.