Lefty loses court battle, faces euthanasia Feb. 19 (From the 2-8-15 County Press)

[William Gavette]

LAPEER — Unless his owners file an appeal Lefty will be put down. After listening to six witnesses Wednesday and Thursday, visiting District County Judge John Conover granted the Lapeer County Prosecutor’s Office’s motion to have the pit bull euthanized.

Without additional court action, Lapeer County Animal Control officials will put Lefty to sleep Feb. 19.

 

“No matter what that ruling is,” Conover said, “some of you are going to be happy and some of you are going to be unhappy. I’m doing the best I can based on the testimony and evidence.”

Lefty’s legal troubles began in 2011 when Lapeer County Animal Control officials issued Matthew Wojciechowski a ticket for “dog at large.” Animal Control Officer Diane Wollner testified that Lefty’s been involved in five dog fights, two of which ended with the death of the other dog.

The Wojciechowskis and their attorney, Robert Angelo from Davison, insisted that all the fights occurred on their property when other people’s dogs attacked Lefty.

Lapeer County Chief Assistant Prosecutor John Miller said the only question for the court was whether Greg and Connie Wojciechowski violated the stipulated order they signed Dec. 12 declaring Lefty a dangerous animal.

The Wojciechowskis, with their then attorney Paul Salyers, appeared before visiting Judge Michael Higgins in December after Lefty was involved in a fight with the neighbor’s German shepherd on Sept. 12 that ended with that dog’s death. In the end they agreed to a stipulated order that required Lefty to be on a temporary containment structure under adult supervision whenever he was outside, until a permanent enclosure could be built this summer.

During testimony Wednesday afternoon a tearful Nathan Fike recounted how his dog, Huck, was attacked by Lefty and later died of his injuries.

The Lapeer High School freshman told the court that he saw Lefty out by himself near the property line as he got off the bus about 3:15 p.m. Jan. 12 at his Greenwood Road home. The boy called his mother, who called Lapeer County Animal Control.

Wollner testified that when she arrived about a half-hour later, she found dog foot prints in the snow, but Lefty was in the Wojciechowski’s house wagging his tail and no one answered the door.

During testimony Thursday all three of the Wojciechowskis told the court that Lefty was in their house when they left for work Jan. 12 and that no one had access to their house.

While Wollner told the court that she found dog footprints in the snow at the Wojciechowski’s home with no human footprints nearby, Angelo reminded the court that the Wojciechowski’s other dog, Graham, is free to roam the four-acre property, which is surrounded by an electronic fence.

Under questioning from Angelo, Wollner told the court she’d been to the Wojciechowski home on the 1700 block ofGreenwood Road “three or four times” in the past five years. Each of the complaints, she said, were made by the Fikes and the neighbors on the other side of the Wojciechowski’s home.

Both Wollner and Lapeer Township Police Chief Jerry Gwynn, who picked up Lefty for Animal Control Jan. 20, testified they had never seen the dog outside the Wojciechowski’s home alone. Gwynn said his office had gotten three calls, all from Fike’s mother, Stacey, reporting the dog was outside, but his officers found the dog inside all three times when they arrived.

However, Wollner testified that when she went to the Wojciechowski home Jan. 13 it did not appear the temporary containment structure, a tethered dog run, was being used.

The Wojciechowskis told the court that Lefty wouldn’t use the run, so they had been walking him on a leash, with Miller’s permission, morning and evening. Angelo argued, unsuccessfully, that his clients “complied fully with the order.”

While Angelo tried to argue that it was unfair to require the Wojciechowskis to fence their property to keep other people’s dogs off it, Conover countered the hearing was to determine if they had complied with Higgins’ order.

Miller told Conover that while Lefty’s plight has drawn “a lot of public concern” and his office has received several letters regarding the case, “the possibility of significant risk to the public” was his primary concern. Noting that Lefty has been involved in five fights with other dogs that resulted in two deaths Miller said, “I don’t see where we have another option.”

Angelo suggested the Fike boy was “probably mistaken” about what dog he saw. He said his clients were all at work that day and the dog was inside the house. He noted that since neither dog “has opposable thumbs” they couldn’t have let themselves out or in and no one else had access to the house.

He said that while it was “unfortunate” that two dogs had lost their lives in confrontations with Lefty on his own property, “this dog is not a danger to people.”

Conover spent nearly an hour in chambers before emerging with his decision. After talking about how much he likes dogs, the judge said, “It’s not my job to second guess another judge’s signed order at this point.”

He said he found Fike “truthful and honest,” adding “it’s a judge’s duty to protect the safety of the community.

“Today a dog, tomorrow maybe a kid. Is the price worth it? Unequivocally no,” Conover said.

Conover agreed to Angelo’s request to let the Wojciechowski family say goodbye to Lefty, if they decide not to file an appeal.

Miller said that while it’s sad that Lefty is going to be euthanized, “We’re not taking any chances.”

Angelo said he doesn’t know if his clients will appeal the judge’s ruling.

If they don’t Animal Control will carry out the judge’s order Feb. 19.