Judge: Pitbull Not ‘Dangerous,’ Owner Fined

ERMA – A municipal court judge determined that Gio, a pitbull mix owned by Hilary Raines of Villas, should not be deemed a “potentially dangerous” dog in the eyes of the law. His verdict was made at a trial Sept. 26 in Lower Township Municipal Court. Gio had wandered into Kim Davis’ yard on Aug. 16 and killed her cat Maximus while Davis and her daughter watched, helpless to stop it.
Judge F. Thomas Hillegass fined Raines $500 for a loose dog causing injury and $100 for having an unlicensed pet. The third and most serious ticket, for owning a potentially dangerous dog, was thrown out.
In a case such as this, the state bears the burden of proof. Municipal Court Prosecutor Ronald Gelzunas cited state statute 4:19-23 “Dog declared potentially dangerous; conditions” when presenting the state’s case against Raines. The statute reads:
“The municipal court shall declare a dog to be potentially dangerous if it finds by clear and convincing evidence that the dog:
Caused bodily injury as defined in N.J.S.2C:11-1(a) to a person during an unprovoked attack, and poses a serious threat of bodily injury or death to a person or
Severely injured or killed another domestic animal, and either poses a threat of serious bodily injury or death to a person; or poses a threat of death to another domestic animal, or has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals.”
Davis was the first to take the witness stand. She described an ordinary day that quickly turned tragic. On the morning of Aug. 16, Davis’ daughter spotted an unfamiliar white dog in their backyard. Davis went outside on the deck to check it out. According to Davis, Gio spotted Maximus, who was sleeping on the ground by the back deck, and pounced on him. Before Maximus could escape, Gio grabbed the cat by the neck and violently shook him side to side. “The dog just didn’t stop,” said Davis. “I was screaming and hollering.”
Once Gio dropped Maximus’ lifeless body, he proceeded to wander around the backyard, even as a concerned neighbor attempted to shoo him from the area with a broom.
When Animal Control Officer Zachary Magnavita arrived he witnessed Gio jumping on a rabbit hutch in Davis’ yard. He also saw Maximus on the ground with puncture wounds to his neck. “You could definitely tell the cat was dead,” said Magnavita. He continued to tell the court that Gio appeared to be jumping on the cage in a “playful” manner. He said he then called the dog to him and Gio obeyed. At that time Magnavita slid a leash around Gio’s neck and led the dog back to his truck.
At first Magnavita could not determine Gio’s owner. It was only when he was back in his vehicle that he received a call from dispatch saying the dog belonged next door to Davis, a home owned by Michael Mattera. Magnavita met Mattera at his home and spoke with Raines on the phone before returning Gio to Mattera.
After Raines failed to submit the proper vaccination records, Gio was seized by Animal Control Officer Don Montgomery Sept. 1 and held at the Cape May County Animal Shelter until Sept. 12, the date Raines pled “not guilty” to the charges.
When rendering his decision, Hillegass said that part one of state statute 4:19-23 did not apply. Part two, however, did apply to Gio because he did, in fact, kill another domestic animal. But in order to be considered a “potentially dangerous” dog, the court must also be convinced that the dog poses a serious threat to persons or other domestic animals. On that section Hillegass sided with Gio. “It is clear that Giovanni caused it,” said Hillegass. “But I don’t think that Giovanni is, or should be declared, a potentially dangerous dog.”
In his ruling Hillegass said that according to the testimonies, the dog did not appear to act in an aggressive manner toward any of the individuals involved on the day of the attack.
Hillegass expressed his condolences to Davis and her daughter. “I understand. Your pets become like children,” he said. “And when they pass away it’s like losing a family member.”
Following the judge’s ruling, Raines said she felt relieved. “I feel awful for what happened to Maximus and it’s very tragic,” she said. “However, all animals are just that, animals. We spoke the truth and just tried to tell our side of the story. The judge and prosecutor ruled on the state law and Gio is not a threat by any means. People need to realize that pitbulls are loving family members too and prejudice is why they’re targeted.”
Davis was disappointed in the judge’s decision and when asked for comment, she simply stated, “Maximus was playfully murdered.”
For the Herald’s previous coverage of this incident, go to:
http://www.capemaycountyherald.com/article/pets+and+animals/villas/94809-dog+owner+speaks+out+about+mauling+maximus+cat
http://www.capemaycountyherald.com/article/pets+and+animals/villas/94648-beloved+family+cat+mauled+death+neighbor%E2%80%99s+pit+bull