[FEL-L] Re: [petlaw] GSD ON DEATH ROW IN NJ

Sat Nov 10 16:26:10 CST 2007

Just out of curiosity, where are the criminal charges against Giovanni Rivera? I'm not a lawyer, nor intimately familiar with New Jersey law, but from where I sit he's guilty of...

  1). Criminal Trespassing: He was told not to enter the property and remain in the car. He failed to do so ergo he was trespassing on the property at the time.

  2). Petty vandalism: Causing minor physical harm to come to the "livestock" (dogs) by beating on them with a rake.

  3). Assault and battery: He pulled the lady of the house down to the ground. Since this was done during the commission of a crime (Trespassing) it would typically be elevated to Felony Assault.

  and possibly
  4). Insurance Fraud: He likely didn't report he was trespassing on the property when he was injured.... oops.

  Apart from these criminal charges he would also potentially be civilly responsible for 1). Destruction of private property (hitting the dogs with a rake). 2). Punative damages for assault (against the lady of the house). 3). intentional infliction of emotional distress (against the children). and potentially 4). increased insurance costs.

  One has to wonder how a person can legitimately trespass on one's property, beat one's dogs, assault one's wife, psychologically disturb one's children, and then not only collect an insurance settlement likely far exceeding the legitimate costs of his injury, but also hold the dogs and owners criminally responsible for his own criminal act! Makes people go "hmmmm"... doesn't it?

  Tim Fuller,
  President, NEOPOA

stormy435 at ..... wrote:

Judge orders shepherd destroyed after vicious attack Thursday, November 08, 
2007

BY LINDA STEIN PRINCETON TOWNSHIP -- A family whose beloved German shepherd 
faces death for having led a dog attack on a landscaper is devastated by the 
news but vows to continue to fight to save him.

"He needs to come home," said Guy James, the Princeton homeowner who managed 
to call his dogs off the landscaper, but only after the worker was severely 
mauled in the June 5 attack.

"He's innocent. He did nothing more than protect my wife. He never bit anyone 
until she was grabbed and pulled to the ground," James said.

Congo has been ruled vicious by a municipal judge and ordered put down.

"As a family, it's destroyed our way of living," said James, 46. "We're just 
consumed with the whole thing."

The landscaper, Giovanni Rivera, has won a $250,000 insurance settlement as a 
result of serious injuries he sustained in the attack, which occurred when he 
and others disobeyed instructions from James not to get out of th
eir car until Congo and several other dogs on the property could be 
sequestered for safety.

Rivera, a Trenton man, was on the 10-acre, fenced property on Stuart Road to 
do yard work. The landscaping crew had arrived before 7 a.m., about an hour 
before they were expected.

James, who was about to take a shower, called out a window to them in 
Spanish, telling them to get back in their car and wait because the dogs were in the 
backyard being fed.

While the dogs, two 2 1/2-year-old German shepherds and their four 
6-month-old puppies, had not had problems with people on the property before, James said 
in an interview that he didn't want them to interfere with the wo
rkers. Also, he wanted the workers to wait until he was dressed so that he 
could
tell them what to do, he said.

Instead, Rivera and another worker got out of the car after a few minutes and 
the
dogs began to bark. That worker began to hit the dogs with a metal rake and
Elizabeth James, Guy James' wife, yelled for him to stop. Meanwhile, Rivera, 
who
was afraid of the dogs, grabbed her from behind and pulled her to the ground,
causing her to scream. At that point Congo began to bite and scratch Rivera 
and
some of the puppies joined in.

"The whole thing was pretty terrifying," Elizabeth James said. "You can't 
imagine. I was scared. It happened extremely fast. I didn't have time to think."

Meanwhile, her 8-year-old son, Ben, ran into the house to get his father. 
Moments later, Guy James hurried out and called off the dogs.

Rivera, who was treated for bites at a local hospital, settled with the 
couple's insurance carrier for the $250,000, Guy James said.

Rivera's lawyer, Kevin Riechelson, said his client has scars from the dog 
bites and scratches that may be permanent on his arms, legs and torso. Rivera 
still suffers from numbness in his leg but is able to walk.

"He had a really deep wound on his right thigh," Riechelson said. "Luckily, 
his face wasn't touched."

In addition to the $250,000 settlement, the Jameses' insurer agreed to pay 
medical bills and worker's compensation claims for Rivera, Riechelson said.

The Jameses' children, especially Ben who witnessed the attack, have been 
"crying nonstop," Elizabeth James said. "They've been on an emotional 
rollercoaster." Their dog has been placed in a shelter while the court proces
s plays out.

Hannah James, 11, wrote a letter to Judge Russell Annich Jr. saying in part, 
"I am so upset seeing my dog locked up in jail for doing his job. When my 
friends are over they play with and around Congo and have no problems.
I want you to know that this is coming from my heart and I mean it with all 
my heart and soul. Actually, my broken heart. We will never ever forget this 
for the rest of our lives. You have made the wrong decision in my e
yes."

And Congo, who is being held at Save a Friend of Homeless Animals, is
depressed and anxious, Guy James said. He now has to be hand-fed or he will 
not
eat.

Meanwhile, James' lawyer, Robert Lytle, argued at a hearing in Municipal 
Court
that the attack had been provoked and under New Jersey law, the dogs had a 
right
to protect themselves and their owner.

But some, including municipal prosecutor Kim Otis, argue that the Jameses 
should have had control over the dogs and were negligent.

Indeed, Judge Annich found that "the prevailing circumstances did not 
constitute provocation and that the attack upon Mr. Rivera, initiated by Congo and 
subsequently by the other dogs present, continuing unabated for thre
e minutes, was a response grossly disproportionate to the prevailing 
situation."

Guy James pointed to testimony from dog behavior expert and University of 
Pennsylvania professor Ilana Reisner, who said that in her professional opinion 
James' dogs were "clearly provoked."

"Based on these threats (unfamiliar individuals, perceived threatening 
position, the attack on the puppies with a metal rake, grabbing the owner from 
behind and pulling to the ground) the dogs were compelled to defend the
mselves and their owner," Reisner wrote.

"I am so sorry for what happened but it was not out of viciousness," Guy 
James said. "This was a provoked attack and any dog would protect its owner in the 
same manner. I can't imagine that any dog -- who was beat with a
rake, hard enough to cause bloody gashes, and then had its owner grabbed from 
behind -- would walk away without action."

Guy James also garnered statements from several people who had been on his 
property and attested to the dogs' friendly behavior, including John Pettenati, 
the township building inspector. In fact Pettenati nicknamed them
"the happy dogs" because they were so pleasant.

Guy James said that while he and his family were waiting for their house to 
be finished they lived for several months at a hotel. During that time Congo 
and his mate, Lucia, interacted with maids and others and never caus
ed a problem, he said.

James also sent Congo and Lucia to the American Dog School in Denver for 
obedience training. James stressed that the dogs were trained for obedience, not 
as guard dogs. The four puppies are currently at that school, he sa
id. Five of their siblings were adopted and one of those dogs is being 
trained to be a police dog in Pennsylvania, Guy James said.

Meanwhile, an article in The Times and reports in other media outlets have 
spurred the public into action on Congo's behalf.

Kat McAfee of the Coalition for Action in the Interests of Animals has 
organized the Coalition to Free Congo. She expects hundreds to come to a rally 
Tuesday at 10 a.m. at the municipal building at 400 Witherspoon St. in
Princeton.

McAfee said they hope to save Congo's life by "bringing pressure on the 
powers that be."

Annich is expected to place his ruling on the record Tuesday afternoon.

For his part, Guy James said he has received thousands of letters and e-mails 
and thanked those who have offered their support.

"Congo is a fantastic family pet who is loved by everyone we know and many we
don't," James said. "We will not let this rest for the sake of all dogs and 
their
owners, and most of all, our family and Congo."

Guy James plans to appeal Annich's ruling to Superior Court.

"We will fight with all our love and support from friends and strangers until 
he is
back with us," he said.
http://www.nj.com/news/times/index.ssf?/base/news-
3/1194498519125940.xml&coll=5

Take the Poll on NJ 101.5 website

http://nj1015.com/

People can write the JUDGE

"You may never know what results come from your action.
But if you do nothing, there will be no result."
                                           Mahatma Gandhi
Stormy Hope
*~~*~~*~~*~~*~~*~~*~~*~~*~~*~~*
Dog's love is different, it requires no return
www.FairhopeGSD.com

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