Resident seeks clemency for pet

On December 4, 2013, in Latest News, by The Somerville Times

Local dog ruled dangerous, ordered euthanized
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This photo appeared on an on-line petition to save Rocco, a Somerville dog, from a euthanasia order following a recent incident.

This photo appeared on an on-line petition to save Rocco, a Somerville dog, from a euthanasia order following a recent incident.

By Elizabeth Sheeran

The fate of a six-year-old bull mastiff named Rocco is now in the hands of Somerville District Court, following a Halloween night incident that put a local man in the hospital.

According to police, the Somerville resident was walking his four-year-old German shepherd on Calvin Street around 7:30 p.m. on October 31, when Rocco bolted from the doorway of his home at 38 Calvin, attacking the shepherd and then the owner when he attempted to intervene.

The dog suffered multiple injuries and needed veterinary care. The man suffered severe bites on both hands and spent five nights at Cambridge City Hospital, where he underwent surgery to repair the damage.

As required by law, the hospital notified Somerville Animal Control Officer April Terrio, who initially ordered the dog to remain under home quarantine with his owner Rose Walsh. On Monday, November 4, Terrio forwarded her report to Somerville police with a petition for a public hearing and a recommendation that the dog be euthanized under Massachusetts state laws governing dangerous dogs.

Rocco, who according to Deputy Police Chief Michael Cabral was not licensed with the City of Somerville, was removed from Walsh’s home and quarantined at the city kennel.

Somerville Police Captain James Donovan presided over a public hearing on the morning of November 14, where he heard testimony from over a dozen people, including the victim. Several people spoke on behalf of Rocco and his owner Walsh, who adopted the 109-pound male mastiff nine months ago from a friend in East Boston.

Following the hearing, Donovan found that Rocco is a “dangerous dog” under Chapter 140, Section 157 of Massachusetts state law, based on the “viciousness and unprovoked nature of the attack.”

The law does state that a dog won’t be deemed dangerous if it was defending itself or its home, and if “the dog’s reaction was not grossly disproportionate.” But Cabral said the finding in this case took into account both the severity of the attack and the fact that Rocco left his owner’s residence to attack another dog and its owner on a public street.

As allowed under the law, Donovan ordered that Rocco be humanely euthanized, which he concluded was “the only means of protecting the public.” Walsh has since appealed that decision to the Somerville District Court, which will review the case and decide whether or not to affirm the euthanasia order.

Rocco’s case has generated strong emotions on both sides. An online petition to spare Rocco and give him a second chance had generated over 3,000 digital signatures by last Tuesday, including many signers from outside Somerville and even out-of-state. The petition stated that Rocco is an otherwise gentle dog who has never bitten before, and outlines steps that Walsh is willing to take to control and rehabilitate him.

But others say the severity of the bites in this attack point to a lack of what the Association of Pet Dog Trainers refers to as “bite inhibition.” Local dog trainer Melissa McCue McGrath in her blog MuttStuff noted that “this would have undoubtedly been a more tragic case” if the victim had not been an adult male accompanied by a full-grown German shepherd.

The online petition stated that Rocco was scheduled to be euthanized on December 9, but both Deputy Chief Cabral and Animal Control Officer Terrio said they are not aware of any such date having been set. Cabral said it’s up to Somerville District Court to determine when the case will be reviewed.

In the meantime, Rocco will remain at the city kennel, awaiting his fate.

 

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