The City of Richmond and another dog owner appear to be headed back to court.
On Wednesday, the city applied to the Provincial Court of B.C. to destroy Yogi, a Rottweiler-husky cross that mauled three people in South Arm Park late last month.
“Given the severity of the attack, we believe this is appropriate action in the interest of public safety,” said city spokesperson Ted Townsend.
“This (application) allows us to continue to hold the dog in custody until the court makes a ruling on our application,” said Townsend.
The dog’s owner, Lucas MacNeil, 21, told the Richmond News he objected to the city’s request to destroy Yogi, who is presently being held by the Richmond Animal Protection Society.
Ergo, the city, wanting to see the dog destroyed, was required to make an application to the court.
A court appearance is set for Feb. 2, according to MacNeil, who stated he would be hiring a lawyer to defend his dog.
MacNeil also has the help of Member of Parliament Joe Peschisolido, who, as a lawyer, successfully defended two Rottweilers from being destroyed by the city in 2014.
Peschisolido, who is now assisting MacNeil (as an MP) on his case, said it is important to first understand what happened at the park and for the dog to be assessed by a clinical animal behavior expert before it is destroyed.
“I think before we jump to any conclusions we need to know what happened,” said Peschisolido.
MacNeil said the city has denied his request to visit and walk Yogi, something Peschisolido takes issue with.
“Even hardened criminals who commit the most heinous crimes are afforded the right to see someone,” he said.
According to Dr. Rebecca Ledger, a clinical animal behaviour expert, a full medical exam of Yogi would have been valuable in understanding the dog’s mindset, however, the city did not perform one in the days that followed the attack.
MacNeil has asked Ledger to perform an evaluation of Yogi. He said he is willing to comply with any conditions from the city to keep the dog alive.
When asked who at the city ultimately decides whether or not to seek the destruction of a dog in the possession of animal control, Townsend said the city seeks outside advice. However Townsend would not assert whether that was done in Yogi’s case.
“What reports, what investigations have the animal control officers done at the city? Have they done their assessments? Are they walking the dog? Why can’t Lucas see his dog?” asked Peschisolido, who said several elements of the Community Charter must change in order to better protect animals and animal owners from unilateral action by municipalities in such instances.
On Dec. 30, Yogi, who was unlicensed, attacked Kati Mather, MacNeil’s girlfriend and roommate at the time. Yogi put Mather in critical condition at Vancouver General Hospital after she suffered 100 bite wounds, as well as a separated biceps and fractured arm.
The dog also attacked Kati’s twin sister, Jessi Mather, and Good Samaritan Ken Brodie, who attempted to kick Yogi off of Kati, who was on the ground being attacked.
Brodie said he lost a pint of blood in the incident and MacNeil has since apologized to him.
During the incident Jessi told police she sheltered her three-year-old son, who was physically unharmed, according to Richmond RCMP.
MacNeil speculated that Yogi was not trying to attack the toddler, but rather had turned its aggression toward Kati, whom he believes provoked her in some manner.
“Yogi has played and interacted around adults, kids and animals without incident, ever,” said MacNeil, who claimed Yogi was even friendly once the animal control officer found him the day of the attack.
Notably, MacNeil claimed the women were not given permission to take Yogi from his property.
Peschisolido said such a claim should be considered in this case.
“There was no malfeasance on the part of the owner. The dog was taken without his permission,” said Peschisolido.
MacNeil said since the attack Kati has moved out. He said he had previously been helping her with drug addiction.
The Mathers also approached Brodie shortly after the attack to thank him for his effort to help.
Should Yogi be spared he would be declared a “dangerous dog” and require a muzzle, in addition to any other conditions placed on him.
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