Royal Oak, Berkley officials stand by handling of incident

By Jeremy Carroll and Jeremy Selweski
C & G Staff Writers

ROYAL OAK/BERKLEY — An animal rescue group has asked Royal Oak and Berkley officials to start an independent investigation into an incident that led to the euthanization of a dog they were adopting out.

Members of the Troy-based organization Paws for Life Rescue and other local residents have flooded recent meetings of both the Royal Oak City Commission and the Berkley City Council to protest both cities’ handling of the situation, which took place on Oct. 25 at Royal Oak’s Wagner Park. Berkley’s involvement stems from the fact that Royal Oak contracts out the city’s animal control officer.

“We are still looking into the incident,” said Royal Oak Mayor Jim Ellison, days after the group appeared before the commission on Nov. 9. “For us, it’s not a dead issue.”

“The voice of the people is important to us,” added Berkley City Manager Jane Bais-DiSessa. “We want to make sure that we followed the proper procedure, which I believe we have, in case this kind of situation ever happens again. We will examine the facts very carefully and address everyone’s questions and concerns.”

According to Royal Oak police, the dog in question, a pit bull mix named Rocky, broke from its owner’s leash on the other side of Rochester Road from the park and attacked a Boston terrier mix named Max, who was off his leash inside Wagner Park. The park is designated as an off-leash dog park in the city.

During the incident, two people were injured attempting to stop the attack: both the owner of the Boston terrier and a friend from out of state, police said. The friend had the tip of his finger bitten off — which subsequently required surgery — while the Boston terrier was severely injured, according to Deputy Police Chief Corrigan O’Donohue.

Although Paws for Life has stated repeatedly that no one could be sure of which dog bit the man, O’Donohue said that Royal Oak police have no doubt that it was the bigger dog, which was not licensed in the city. “The man has said it was the pit pull, without question,” he noted.

Berkley Public Safety Director Richard Eshman strongly disagreed with the way the incident has been characterized by Paws for Life. “This was a case where a pit bull attacked a much smaller dog, unprovoked,” he said. “Clearly, that’s not a dogfight — that’s Hulk Hogan beating up a kindergartner.”

O’Donohue said that in all incidents where there is a severe dog bite, the city will move to have the dog put down, as was done in this case. In similar situations, either the dog is signed over to the city by the owner, or the owner can fight the charge and appear before a judge.

While Paws for Life attempted to intervene in the pit bull case, claiming they were the true owners of the dog and the woman who was in possession of the pit bull was only the foster parent, police stressed that according to a city ordinance, an unlicensed dog is owned by whomever is in possession of the dog at the time of an attack.

“The woman told us she was the owner of the dog,” O’Donohue said. “She signed him over to us, as the owner.”

Several hours later the dog was euthanized and sent out for rabies testing, something members of the group said was unnecessary as they claimed to have faxed the proof of vaccination over to the Royal Oak Police Department.

However, police said the owner of the pit bull — who adopted the dog from Paws for Life in August — could not provide proof of vaccination, in addition to the fact that the dog was unlicensed in the city. The pit bull was euthanized a little more than 24 hours after the situation in the park.

“Once the owner relinquished ownership, that became our dog,” Eshman said. “When you have a dangerous animal who has bitten someone, protocol is to euthanize it. You cannot harbor a dangerous animal. There is no ‘one free bite’ rule.”

But a number of people at the Royal Oak City Commission on Nov. 9 disputed the actions taken by police. “What happened to Rocky is wrong, it is unfair, and it is illegal,” said Courtney Protz-Sanders, who leads the Paws for Life group. “We will not tolerate injustice and we will not go away.”

Many from the group blasted the handling of the situation and called the response from Royal Oak police a campaign of “misinformation.”

Others believe that police were in too much of a rush to put the dog down and demanded an investigation into the situation or said they would boycott businesses in Royal Oak and Berkley, which was met with resistance by resident George Gomez.

“(The idea of a boycott) is offensive and absolutely wrong,” he said. He also pointed out that the Royal Oak business community was instrumental in helping to raise $50,000 to install a fenced dog park at a different location in the city.

At the Nov. 2 Berkley City Council meeting, residents from all across metro Detroit — Farmington Hills, Waterford, Troy, St. Clair Shores and Clinton Township, among others — were eager to address the matter, filling the council chambers beyond its capacity.

Members of Paws for Life and its supporters questioned the conduct of Berkley animal control officer Gail Briggs. The way in which the pit bull incident was handled was called “disgusting” and “appalling” by a few of the speakers.

Many argued that Briggs did not do her job properly and made the decision to euthanize the pit bull too quickly. Some even accused her of using “intimidation,” “threats” and “harassment” in order to get dog owners to sign over their pets for euthanization.

However, others described her as a compassionate and caring individual who carries out her job in a professional, responsible and respectful manner. One of those supporters was Royal Oak City Manager Don Johnson.

“We have been very satisfied with the work of Gail Briggs,” he said. “Until this incident, I have never heard a single complaint about Ms. Briggs.”

Berkley officials also stood firmly behind their employee. “I’m really proud of the work that Gail has done for us,” Bais-DiSessa said in a subsequent interview. “She’s an animal lover who has a great understanding of pets and their owners. She’s got a great big heart, and she really loves her job.”

Added Eshman, “It appears that officer Briggs, as is her pattern, did her job properly here. She does not want to kill animals, but she has compassion for the animals and the people who have been attacked. We have not seen any cases where Gail has crossed the line. For every animal she has to euthanize, she rescues several more.”

But while euthanization is seen as a last-resort option, O’Donohue said the situation with the pit bull is not rare in Royal Oak. “That week we had three dogs that were put down,” he said. “Last week we had one, and this week we’ll likely have two. That’s not uncommon.”