Zion - A Zion teen attacked by a dog received the largest settlement for a dog attack in Illinois history, according to Salvi, Schostok & Pritchard, a personal injury firm.
The firm obtained a $1.125 million settlement July 29 on behalf of a 17-year-old Zion boy who was attacked by a dog while riding his bike. The settlement was approved by Judge Diane E. Winter in the circuit court of Lake County. Previously, the largest dog bite settlement reached in Illinois was $835,000, also in Lake county.
On June 29, 2011, then 15 year old Jordon Bankston, was riding his bike home with a group of friends, when a 120-pound Bullmastiff named Kong escaped from a fenced-in-yard in Zion. Kong attacked the 100 lb boy and mauled him for at least 10 minutes. Two adults could not pull the dog off until someone used a lit cigarette to burn the dog's nose. The boy spent a week in the hospital to be treated for traumatic puncture and laceration injuries to his legs, thigh, buttocks arms, shoulder and head which required surgery. The boy has lasting psychological trauma.
“This was an alarming incident that should not have happened,” said Patrick Salvi, a lawyer with the firm. “Dog owners need to be responsible for the animals they own." Kong has previously bitten another person and an animal and eight 911 calls were logged regarding Kong.
The owner, EDDIE DIAZ, was insured to $1.3 million by American Family Insurance. The attack was not reported online at the time it occurred.
In a side bar, the News Sun notes animal bite statistics for Lake county. Dogs bit roughly 1500 people and about 580 domestic animals were bitten by other domestic animals or wild animals.
New legislation passed this year allows county animal control to impound animals immediately after biting and holding them, at the owner's expense, until a dangerous/vicious dog hearing is held. This new law pertains only to unincorporated Lake county. Residents living in incorporated cities are not protected by this new ordinance and a dangerous dog can remain with the owner until a hearing.
Eldorado - A pit bull named Memphis dug under a fence to get to a shih tzu puppy and kill it in front of its 13 year old owner.
The boy and a woman who tried to stop the attack were bitten by the pit bull. The family is traumatized, especially Jonathon, the thirteen year old who witness the horrible killing.
The pit bull's owner wants the dog back. No one else in the neighborhood wants the pit bull to come back, but town official don't seem to know what the local and state ordinances empower them to do.
Local official believe that the pit bull can be deemed vicious according to local ordinances but not according to state laws. However, there is a provision in the law that specifically permits municipalities to enact more stringent ordinances than the Illinois law provides.
(510 ILCS 5/24) (from Ch. 8, par. 374) Sec. 24.
...nor shall anything in this Act be construed to, in any manner, limit the power of any municipality or other political subdivision to further control and regulate dogs, cats or other animals in such municipality or other political subdivision…
Taking this to the State's attorney is the right thing to do here if officials do not believe they can euthanized the dog under local ordinances. However, Saline county and counties across Illinois ought to go the route of Lake county Illinois and enact dangerous dog ordinances that allow local health departments make decisions about whether the dog can be removed and put down for the sake of public safety.
ACC-1201.2.4 Animal-aggressive Dog Dispositions:
In the provision of an animal-aggressive determination notification pursuant to Section ACC-1201.2.3 of this Chapter, the Administrator shall, based upon the evidence of the severity of the attack and/or previous history of other similar attack(s), determine the disposition of the dog, which may include any one or a combination of the following requirements:
A) Enforcement of any or all of the requirements of a dangerous dog determination pursuant to Section ACC-1201.1 of this Chapter;
B)Requiring that the dog be kept in an enclosure approved by the Health Officer, and only allowed out of the enclosure to obtain veterinary care, in case of emergency where the dog’s life is threatened, or to comply with an order of the court;
C)Humanely euthanizing the dog.
UPDATE: Chuck, JOHN E. BENDER's pit bull, may be euthanized under Lake county's new "animal aggressive" designation as part of their dangerous dog ordinance. That ordinance was put into place as a result of a 2012 pit bull attack on a small dog in Waukegan. The small dog survived and because the small dog's owner was a Lake county board member, a new ordinance was put into place. The director of population health services at the Lake County Health Dept. will decide Chuck's fate on August 5.
In her statement to police the lady walking our beloved pets stated, "That vicious animal was heading directly for me...his eyes were fixed on mine. That little brave dog stepped in front of me and I will always know in my heart that he saved my life by giving his to protect me." As Shibui's owner, on several occasions I witnessed him move to the side of his blind companion dog when another dog approached. He took his job as protector very seriously.. It's not the size of the dog...it's the heart of dog that makes him great. We miss our brave little Shibui more than words can express. Thank all who have taken the time to weep with us and share our grief. Aug. 23, 10:30 Mundelein Courthouse we will be in court to make sure the IDIOT Bender sister and brother are made to take responsibility for Shibui's death. Please come if you can and support the cause to BAN PIT BULLS, a dog that is bred to kill!!!!
RIP Shibui (left) Rocky
Wauconda - A dog sitter was walking two shih tzus, Shibui and Rocky, in a park when an unleashed pit bull attacked, ripped apart and killed Shibui.
The pit bull's owner, JOHN E. BENDER, ran out shirtless got the little dog out of the killer's maw, and kicked the pit in the butt to send it home, running after it.
BENDER was given a couple tickets. His mauler has attacked other animals, and thanks to Ledy VanKavage who drafted the current state legislation, attacking animals can be given back to their owners a couple times before anything is done, allowing special dogs like Shibui to be brutally killed traumatizing an entire family.
ShiBui's owner said that ShiBui was that special one-in-a-lifetime dog who was not only a wonderful pet, but a very important source of comfort and aid to their other dog, Rocky, who is blind. Rocky is lost now without his ShiBui.
Galesburg - Bosco, a brindle boxer, was attacked by a big, mean pit bull while on a walk with his owner, Ron Schofield. Bosco is the center of Schofield's life and when Bosco escaped his collar and ran for his life, Schofield was devastated.
Bosco came home injured Monday morning. When Schofield went to Prairieland Humane Society to report the incident and file a complaint, he was treated with a ticket for not having Bosco registered by Chris King.
Galesburg residents contend that the pit bull that attacked Bosco is known to be mean and that people have called in complaints about it. But just as with the pit bull that killed Ryan Maxwell, there seems to be no record of those calls and complaints at the Humane Society. No paper trail for the pit bull means no way to have it declared dangerous.
Once again, Chris King does not seem to understand that his job as an animal control officer is to protect people and pets from dangerous dogs, and seems to not care about people and pets that are attacked by pit bulls.
Instead of trying to get on board and recognize they need to re-evaluate their priorities, they simply cry "witch hunt" and suggest people are out to get them and, more importantly, take away a significant amount of their generous $250,000 a year contract with the city.
Let there be no confusion. The attack on young Ryan Maxwell is what Galesburg wants to protect its citizens from: Investigators said the dog attacked at the neck area, and they were unable to save the boy. Thomas read from the forensic autopsy that there were 49 marks on the boys body that did not include internal injuries. “Internally he had laceration of the carotid artery and jugular vein. Very little blood in the heart ... he had bled out.” Further, the report indicated there was a large gaping laceration of the larynx and fractures of the fifth and sixth vertebrae. The pit crushed the boy's neck and ripped out his throat. Police reported that when they arrived, the pit bull was licking up Ryan's blood as it poured out out of him.
These are not the injuries associated with typical dog attacks and Ryan was not the only child to suffer such devastating fatal injuries this year. No other kind of dog attacks like a pit bull or creates the amount of devastation to the body. Pit bull advocates say that any kind of dog can do this, but doctors who have to try to fix what pit bulls do disagree. Look to the end of this post to see what doctors say.
When communities endeavor to regulate dangerous dogs they must never lose sight of this - their first priority is to protect residents from the threat of a devastating attack like this. Can this be any more clear? Every other consideration takes a back seat to preventing these grotesque attacks and to relieving people of the threat that this could happen to them, their loved ones, or their pets.
When communities have a history of pit bull attacks as well as a general problem with dogs, the best solution is a combination of breed neutral ordinances to address all dog owners if a problem arises and specific regulation to prevent pit bull maulings and fatalities before they can happen. When pit bulls can cause a life altering or life ending attack the first time they attack, looking at ordinances that only protect after the first attack will have no effect and make no sense.
All four of the towns (Galesburg, Macomb, Bloomington, Peoria) currently looking at their animal control and dangerous dog ordinances were prompted to do so because of pit bull and bull breed attacks. But none of the cities are looking at pit bull regulation, and so have already failed to address the most serious problem head on.
Despite the statewide ban on BSL, cities can enact BSL under home rule authority. Of the four cities currently searching to keep people safe from dangerous dogs, all but Macomb have home rule authority, and Macomb can be granted home rule authority by putting the question to a referendum vote.
According to Kory Nelson, an attorney for the city of Denver, "'Home Rule' is the basic right of municipalities to decide matters of local concern for themselves, without the state telling them how to do it. Just like the battle over state rights, cities can fight BSL bans where such "home rule" rights exist. I know - I won a similar legal battle in Colorado. Historically, regulations over animals have been at the local level, and there is no need for state-wide uniformity. Rural or mountain towns have different needs than heavily populated urban centers."
All of the cities that have dismissed BSL as an option have cited the statewide ban on BSL when they announce that they have taken BSL off the table and this is just a cop out. According to a 2001 report out of NIU's Center for Governmental studies, "Illinois gives the broadest and most liberal authority to cities and counties of any state in the nation." Illinois' robust home rule authority allowed Morton Grove to become the first city in the nation to locally ban handguns. The Illinois Supreme Court upheld the state and federal constitutionality of the ordinance. The courts have consistently upheld home rule authority unless there is a clear benefit to having uniformity across the state such as a uniform minimum drinking age and uniform municipal employee retirement programs.
Bloomington was prompted to strengthen their dangerous and vicious dog ordinances after a couple who were delivering phone books were mauled by a pit bull that burst out of a home as the couple approached. Connie Ijams was left with permanently life altering physical and psychological injuries.
Four months after the attack Connie Ijams reported still being in constant pain with serious nerve damage to her arms. She said, "I'm just always really nervous. I drop things. I shake. I have nightmares. I still cry. I'm in pain constantly…" The owner of the mauling pit bull gave the victims no aid at the scene and no financial aid in the aftermath.
The savagery of this attack and the long lasting, devastating consequences are what should have always been foremost in the city council's minds as they crafted ordinances to keep this from happening again. Because once an attack this severe has occurred, it is already too late for the victim.
However, the city council focused on regulation that does not take effect until after a first attack when, all too often, the first attack by a pit bull is fatal or life altering. What the council came up with in response would have done nothing to prevent the attack on the Ijams couple because the attacking pit bull had not been declared dangerous. Further, under these new ordinances, Connie Ijams would still be on the hook for a huge part of her physical and psychological medical care.
Everything Bloomington has enacted would have been moot in the Connie Ijams attack, because the pit bull's first attack was so horrifically vicious, it was put down. A pit bull ban or regulation that required insurance, microchipping, spay and neuter, fencing and muzzles in public are what could prevent another attack like the one sustained by Connie Ijams. While the the new regulations are a step in the right direction, zero change has been made to making it easier to get a dangerous, aggressive dog declared dangerous, which is what should have happened. And zero containment or control measures were included. Muzzles and strong fences are the things that would functionally save people from attack.
Sadly, Bloomington is on the verge of capitulating to a local dog rescue - whose demands should not be considered in this issue of human health and safety - to make it MORE DIFFICULT to have a dog declared dangerous or vicious. The rescue wants to have a "behaviorist" evaluate a dog as part of the determination of dangerousness or split hairs about provocation. The rescue is hoping to protect dangerous dog owners from having restrictions put on them. If a dog has indisputably menaced or attacked a pet or person there is no need for a self-appointed "behaviorist" to administer a temperament test. After all, if an animals' behavior is so difficult to read that it requires a behaviorist to interpret it, it does not belong in human communities in the first place.
In addition to published research that has documented that a significant number of shelter dogs that passed temperament tests often later show aggression in their adoptive home, earlier this year a pit bull that killed a child passed a temperament test administered after the deadly attack. And closer to home, just a few days ago a pit bull that had been given a battery of temperament tests later escaped containment and went to a neighboring property to attack the Welsh pony in northern Illinois.
Macomb was prompted to look at vicious dog laws after a rescue pit bull attacked one dog, killed another dog, and attacked two people in their own yard in three separate attacks. Macomb is finishing up its work on vicious dog laws and has the right idea if a breed ban is not an option.
'We're lowering the bar from the statutory level," she said. "We're not going to wait before imposing sanctions."'
This is an fine way to approach community safety in places where BSL is not possible, and is one of several innovative dangerous dog ordinances being implemented in Texas communities, where BSL is also banned.
This is what has to happen if a community won't or can't impose breed specific regulation. It will, without a doubt, catch up some unintended consequences such as the hero labrador that was declared dangerous because it may have accidentally bitten the little girl it successfully saved from a pit bull attack in San Antonio.
However, this Macomb ordinance will be rendered useless if animal advocates get their way and help write and enforce the dangerous dog laws. Again, they will attempt to find "experts" who will split hairs about provocation and perform meaningless temperament tests to tell neighbors that they only THINK they are being threatened by a dog, but the expert knows better.
A prime example of this extreme advocacy to the detriment of the community was recorded during the Galesburg public comment meetings about dangerous dog problems in Galesburg. Sue Baker's elderly golden retriever was attacked as she was being taken for a leashed walk by a pit bull that dug out of its fence and made a bee line to the dog for the express purpose of attacking her in a persistent attack that could not be stopped until a passerby came to their aid. The vicious and unrelenting nature of this attack that the Bakers feared would be fatal to Chloe cannot be dismissed. It puts people in jeopardy and destroys the quality of life of a community. Chris King of the Humane Society whose job it was to understand that and deem this dog dangerous wasn't able to understand that.
Chris King, the person charged with determining if a pit bull should be deemed dangerous, treated these citizens with juvenile contempt and disregard first at the dangerous dog hearing and then during a public meetings on the subject of the dangerous dog problem. This is the type of "expert" whose judgment dog ownership advocates want making decisions in Bloomington and Macomb. Chris King had no professional education and he obviously did not consider himself a protector of the community when he spoke:
Galesburg has made some great strides in addressing their stray, aggressive and dangerous dog issues, though they have not addressed pit bulls head on. Very importantly, they are going to assign animal control services to the police department and create one full time and one part time animal control officer. That will greatly solve the "conflict of interests" (to put it very diplomatically) the advisory committee found in the current system which has the humane society responsible for animal control responsibilities. They are focusing on making clear, enforceable and enforced dog control reporting procedures and ordinances with appropriate penalties. Lowering the maximum number of dogs and cats allowed, and mandatory spay and neuter for all pets will also be very effective for reducing problems with dogs.
There are other interesting ideas from progressive localities in Texas and Michigan Illinois communities might want to consider
Fort Worth's door-to-door sweep was impromptu, but localities in Michigan implemented "pet censuses." Last year, Genesee county MI did a census that brought in $128,000 which more than offset the cost of hiring part time census takers and will continue to bring in funds for animal control for years to come now that dog owners and dogs are in the system. Ottawa county, parts of Oakland county, and the city of Royal Oaks MI are doing dog censuses this year.
Fort Worth has also "lowered the bar" for recognizing an "aggressive" dog. "Aggressive" dogs -- animals that make repeated attempts to climb, dig or chew through fencing in order to attack or harass a person or a pet." Lowering the bar serves to prevent attacks, rather than waiting for them to happen before regulating the owner and dog.
Garland, Texas requires 6-foot fencing for pit bulls. Despite the ban on BSL, Garland TX requires higher fencing to provide "uniform enforcement" because pit bulls are recognized as being more muscular and able to escape standard required fencing. And San Antonio TX has created a special court for canine related crimes designed to be more favorable to dog bite victims.
Breed neutral and breed specific ordinances are not mutually exclusive and can in fact work in tandem to reduce dog bites, attacks, maimings and fatalities. While Illinois communities are facing several dog problems such as strays, unregistered dogs, and rampant breeding, in every Illinois town and city facing terrible attacks, the attacks that prompt new ordinances in Illinois are all or in large part pit bull attacks. But the only tool communities have available to them are breed neutral ordinances and communities are forced to effectively use a screwdriver to pound a nail. Cities all over Illinois are attempting to enact legislation that can prevent pit bull attacks and are hampered by being prohibited from using the right tool. The only way to stop these terrible attacks is to acknowledge the true nature of the problem, and once acknowledged, address it head on with pit bull regulation with penalties that force pit bull owners to be responsible. It is time to get it right and protect Illinois citizens and improve our quality of life.
Animal Farm Foundation is trying to reform pit bull
owners' reputations by posting photos of them that show
they have a job look HERE and HERE
Centreville - A man is suing the owner of Town & Country Towing, HARRY HALTER, after HALTER's pit bull escaped from the towing company property, ran into a neighboring convenience store parking lot and launched an unprovoked attack on a man there. The man is suing for more than $100,000.
HALTER, who is known as "DINK" and occasionally "DINKY" was also employed as an auxiliary police officer for the towns of Alorton and Fairmount City.
This is his arrest record:
Here's a civil suit he was involved in. Our client was stopped for allegedly violating the obstructed windshield statute. (She had a pine tree air freshener hanging from her rear-view mirror.) Our client was violently pulled from her vehicle and beaten so severely by three purported Alorton police officers that she suffered a seizure disorder that causes her to have multiple seizures per week. She was tased and kicked in the head, losing vision in her eye for one year. Our client continues to have pain radiate down her leg where she was tased. The officers are Robert Cummings, Harry "Dink" Halter and Bryant Falconer. Robert Cummings was the police chief who is now a federally convicted felon. Harry Dink Halter is currently facing felony charges in St. Clair County for forcing a woman to submit to a sex act while he was in a police cruiser. Bryant Falconer's whereabouts are unknown. The case is set for jury trial in March 2012. We were able to settle the case for $250,000. The case was filed in St. Clair County Circuit Court. 2012.
HALTER'S one recent felony conviction amid all those dismissed cases was for pulling a woman over when he was off duty and out of his jurisdiction and coercing the woman to engage in oral sex with him to avoid a criminal charge for driving on a suspended license. Court records indicate HALTER was drunk at the time.
The comments here seem to be from people who know HALTER well.
UPDATE: The girl who was attacked met with her savior, Terry Burnside Sr. at a fourth of July party to give him a trophy and thank him for saving her life. " "I really appreciate him saving my life that's why I wanted to give him a trophy," Sionna Barber said
Animal Control is calling the dog a Shar Pei, a dangerous fighting breed from China, but there are no photos available of it. It should be noted that pit bull advocates often have trouble distinguishing a pit bull and a shar pei mix. See the Shar Pei meme to learn about this strange phenomenon.
Peoria - A 10 year old girl was mauled by a loose pit bull while she was playing outside. Her rescuers, Terry Burnside Sr and Terry Burnside Jr, beat the dog off the girl with a hammer and their fists to stop what they called a shocking attack.
The girl was taken to the hospital with deep gashes and multiple injuries to her head, back and arms.
The pit bull owner, RITA S. WASHINGTON, took the pit bull and hid it in her house without attempting to aid the child in any way. When police came for the pit bull WASHINGTON attempted to give them a different dog. Police finally were able to get the pit bull and placed WASHINGTON "into custody to the cheers of a gathered crowd."
RITA WASHINGTON was arrested on a warrant for an outstanding traffic ticket and for obstructing police. She was given two piddly tickets for failure to inoculate or register the mauler and for allowing the mauler to run at large and create a nuisance.
This is the second mauling of a child by a bull breed dog reported in the news since Peoria was reported to be looking at how to limit dog attacks.
Here's a hint: regulate or ban bull breeds. Peoria is a home rule city and under home rule, Peoria can implement BSL despite the statewide ban on BSL. And the Illinois home rule system "gives the broadest and most liberal authority to cities and counties of any state in the nation" according to NIU's Center for Governmental Studies.
