Man sets pitbull on people
by Sandra Conchie |
Tuesday, September 27, 2011 18:28
A Tauranga man encouraged a pitbull dog to attack people - including his partner.
On one occasion, one of his victims was hospitalised for 10 days and needed skin grafts and on another a police officer was forced to pepper spray the animal in self-defence.
Joey Ricardo McDonald, 23, of Gate Pa, yesterday appeared in Tauranga District Court to defend two charges involving an attack by the dog on one man and the incident involving the police officer.
But instead of fighting the charges he pleaded guilty to one count each of being the owner of dog which attacks a person and causes serious injury, and aggravated assault on the policeman.
He had earlier pleaded guilty to being the owner of a dog which attacked his partner.
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McDonald was not the actual owner of the dog but because it was in his possession and under his control at the time of the three attacks he was deemed to be the owner by law.
Judge Robert Wolff remanded McDonald on bail for sentencing in November and ordered the dog be destroyed.
The first attack occurred about 1.45am on April 18, 2010, while McDonald was attending a party at Wellesley Grove, Tauranga.
He went to his vehicle and became involved in an argument with people in an arriving vehicle.
A number of people soon gathered to watch the fight.
The pitbull dog, under the supervision of McDonald, began to circle the group and he called to it to attack the man he was fighting with, saying "get him, get him".
When the dog did not respond the way he intended, McDonald kicked it and further encouraged it to attack by guiding it with his hands towards the victim, again yelling "get him, get him".
The dog bit the man's legs several times and dragged him across the road.
The victim was hospitalised for 10 days and needed extensive medical treatment - including skin grafts.
The aggravated assault offence occurred about 8.30pm on October 26 last year at the intersection of Cameron Rd and 15th Avenue while police were arresting one of McDonald's friends.
The friend handed over an aggressive tan pitbull dog on a lead to McDonald.
Police asked McDonald to ensure the dog's chain lead was properly secure because it kept slipping down over its head.
When police asked McDonald to identify himself, he gave a false name and tried to walk off.
When it became clear the police officer was going to conduct a background check, McDonald began loosening the chain so the dog could get closer to the officer, and then pulled it back again.
He did this a number of times which caused the dog to become more agitated and aggressive.
As the officer backed away, McDonald again allowed the dog to get closer and he was warned to control the dog. But he again he let the animal move closer and the officer had to pepper spray it to avoid being bitten.
The dog lunged at the officer and McDonald made no attempt to control it.
The police officer was forced to jump a fence into a nearby garden to save himself. The dog was pepper-sprayed again and ran off.
The pitbull was also involved in a third incident later that night at McDonald's Watling St home. He became involved in an argument with his partner and several other people at the address.
Enraged, McDonald got the pitbull from the garage and commanded it to attack his partner by saying "seig em up". As she backed away, the dog bit her on the right leg and held on. Her friends tried to pull her inside the house but her leg got caught in the partly closed ranchslider and the dog continued to bite her while McDonald continued to encourage the dog to attack her.
Eventually the dog released her leg and ran off.
McDonald's partner suffered a large deep 3cm by 5cm gash to her leg but was reluctant to make a complaint because she did not want him charged.
McDonald's lawyer Glenn Barnett urged the judge to call for psychologist's report along with the pre-sentence report.
Mr Barnett said McDonald was suffering psychological issues and had suffered a serious head injury as a child, which ACC records would confirm.
Judge Wolff agreed to do so but told McDonald that he was not making any promises about the sentencing outcome.
Meanwhile, Tauranga man Gary Heke, 29, was fined $500 plus $132.89 court costs after he pleaded guilty in Tauranga District Court yesterday to being the owner of a dog that attacked his next door neighbour when he was riding his motorbike along their shared driveway on Cambridge Rd on August 21.
Judge Peter Rollo ordered the labrador-retriever cross, which had rushed out and began tearing at the victim's trouser leg resulting in a small tear, be destroyed.
Heke, who was at home at the time but unaware of the attack, accepted he could not fight the destruction order.
Dog attacks
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Between January 1 and August 31, 2011, there were 58 dog attacks on people, with another 77 incidents of dogs lunging at people
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Last year there were 165 reported dog attacks, which includes lunging at people
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Last year there were five prosecutions and 479 infringement notices issued
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So far this year 93 infringement notices have been issued
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For the 2009 financial year, 459 infringement notices were issued
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Since 1997 the percentage of aggressive dog incidents involving registered dogs has more than halved
- Source: Tauranga City Council