Stay of execution for dog on death row

Titan the dog’s survival now relies on a successful appeal of a district court decision which orders its execution.

Luke Leroy Leatherby’s brindle and white American Staffordshire terrier cross is now effectively on doggy death row after Judge Chris Sygrove ruled it was not safe enough to be kept alive.

The reason the canine’s life hangs in the balance relates to an incident in New Plymouth on December 14, when it rushed aggressively at three people, including a policeman and an animal control officer, and attempted to sink its teeth into two of them.

Evidence given to the judge at yesterday’s sentencing hearing included how an attending police officer had considered shooting the dog on the spot due to its level of aggression. A report tabled by prosecuting agency New Plymouth District Council (NPDC), and written by an experienced dog trainer, highlighted ongoing concerns about the dog’s behaviour and its lack of bonding with animal control staff at the pound.

It went on to say how Titan was obsessed with food, had to be taken everywhere on a leash, was aggressive around other dogs, and staff were always wary around it.

As the dog’s owner, Leatherby previously pleaded guilty to three charges of owning a dog that rushed at a person and one of failing to register a dog.

The charges arose after a New Plymouth police officer came across a group of children signalling for his help along Devon St West.

The children were holding a small dog and Titan was also there.

As the constable walked towards the group, Titan charged at him, growling and snarling before it tried to bite the officer’s leg.

When the father of one of the children arrived shortly afterwards, the dog rushed at him, leapt up and tried to bite his arm.

Titan also lunged at the animal control officer who arrived on the scene after police called for assistance.

On Leatherby’s behalf, lawyer Jo Woodcock argued for the dog’s life to be spared.

She said the dog was not normally allowed to roam free but had got out of the gate while Leatherby and his partner were moving out of the property.

Woodcock said the dog had rushed at three adults who had approached it but there was no evidence to suggest it had acted aggressively around the children beforehand. ‘‘This is a one-off incident,’’ she said.

The dog had been impounded for the past eight months, and during that time Leatherby had only visited it about three times.

Woodcock said there was a set time for visiting and this often clashed with the defendant’s work commitments.

‘‘It’s difficult for him to see the dog all the time,’’ she said.

She said Leatherby was willing to comply with any conditions put on him as an owner and would get the dog neutered.

He was also prepared to hand over Titan’s ownership to his mother, who was studying to become a dog trainer in Auckland.

However, Judge Sygrove was not swayed and he granted an order to destroy the dog. He said there had been no improvement in the dog’s behaviour since its time in the pound. ‘‘It is not a safe dog to be around or let out,’’ he said.

Woodcock then asked for a stay of execution to allow an appeal to be lodged regarding the decision.

Leatherby has until September 3 to do so. In terms of his penalties as the dog owner, the defendant was fined a total of $900 on the three rushing charges and $200 for failing to register Titan.