February 19, 2003     Willow Glen, California Since 1992
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Dog attacks during past few months upset area residents
By Amy Jenkins
Dangerous dog cases in Willow Glen are making residents nervous, with two recent complaints brought before the city of San Jose Animal Care and Services Division.

These incidents occurred during the past three months, with the most recent disturbance happening on Jan. 25 and Jan. 26.

Around 4 a.m. on Jan. 26 Garfield Street resident Christine Pugliesi took her family's giant schnauzer into the backyard to relieve itself. She screamed when a dark-haired Akita—a large, powerful breed of dog—pinned her dog to the ground.

Pugliesi's husband, Jim, heard his wife's scream and came outside to yell at the Akita. The dog jumped over Pugliesi's backyard fence, and Jim called 311—the nonemergency police phone number—because the dog was in the middle of the street, growling at him. But he was told by the non-emergency police dispatcher that nothing could be done because the dog hadn't hurt anything or anyone. This was confirmed by division spokeswoman Julie St. Gregory.

He also saw a mixed-breed dog running loose in the street with the Akita. He said the two dogs belong to his neighbor two doors down.

Later that morning, Jim ran into a neighbor from Carolyn Street who witnessed their rabbit being killed on Jan. 25 by a dark-haired Akita that fit the same description. St. Gregory confirmed that a rabbit had been killed.

Soon after speaking to the first neighbor, a different neighbor told Jim that she had found a dead cat in her front yard. It turned out to be the Pugliesis' cat. Jim, who found blood on his front porch and sidewalk, said he thinks his cat was attacked at his house and crossed the street to die.

Jim Pugliesi was the only Willow Glen resident who returned phone calls to discuss the incidents.

Because there were a significant number of eyewitness reports filed with the Animal Care and Services Division, officers went to the home of the owner whose dogs allegedly committed the killings and impounded the Akita and the mixed-breed dog on Jan. 26, according to St. Gregory.

"We did not catch the dogs in the act, and the owner insists the dogs were not out," St. Gregory said. "When we got there the dogs weren't out, but we took them away because there were enough eyewitnesses."

The Animal Care and Services Division took dog hair samples off the Pugliesis' fence and had to exhume the Pugliesis' cat to properly investigate the case. The cat had bite marks on its body and dog hair on its collar.

After the initial investigation, the mixed-breed dog was returned home, but the Akita was retained by the city.

The dogs' owner was fined $400 for keeping a vicious dog, St. Gregory said.

The owner's name couldn't be released pending a hearing scheduled for Feb. 21 at 9 a.m., 777 N. First St., Room 200 in San Jose. The animals' owner and neighbors will be notified to testify, St. Gregory said.

After the city impounded the Akita, the owner and the animal services division agreed that the owner would remove the dog from Santa Clara County and relocate the animal to Tracy County where it is being impounded, according to the San Jose animal services post seizure hearing.

At the upcoming hearing officers will determine if the Akita is vicious. If that determination is made, several options are possible at the discretion of the hearing officer.

The Akita may be permitted to return home, in which case it could remain on the owner's property as long as special dog permit conditions are followed. The dog would need to be kept in a locked kennel or pen when outdoors; the residence would need to have secured windows and doors when the dog is inside, and the dog would have to be muzzled and on a leash no more than 3 feet long when walked.

Other requirements include posting a "vicious dog" sign at all entrances where the dog is kept and public liability insurance for no less than $50,000 to cover the injury or death of a person or loss or damage of any property caused by the dog's behavior.

The second option is to have the dog put to sleep, St. Gregory said.

"If the owner is complying with all the codes, the dog is not considered dangerous anymore," she added. "But if the dog is seized a second time because of the owner not obeying the restrictions, we can just say it is too dangerous and tell them we're putting the dog to sleep."

According to the animal division's report, another cat and an opossum were killed on Garfield Street on Jan. 25.

A vicious dog incident involving a pit bull also occured in Willow Glen late last year. On Dec. 4, a Willow Glen resident who does not want to be identified was running on Minnesota Avenue with her small dog when a pit bull named Nala attacked her dog.

According to public record the owners, Marcos and Jorge Barrita, 1546 Minnesota Ave., dogs were running at large and attacked a person and another dog in the process.

The victim, who testified at the public hearing, stated she attempted to get her dog out of Nala's mouth, her hand was injured and she tore her knee. Her dog required surgery from 6 p.m. the night of the attack until 2 a.m. the following morning. He is now recovering. The victim also requires knee surgery.

The fire and police departments and an ambulance responded to the emergency.

"Running was my life, but I'm unsure if I'll ever be able to run again," said the victim, a marathon runner. "That dog single-handedly destroyed my life. I was running 26K marathons and now I can't even walk 26 steps."

Nala's owners, who have another pit bull named Saso, defended the dogs at a hearing on Jan. 22.

Nala was deemed vicious and is still being held by the San Jose Animal Care and Services Division, St. Gregory said.

"Once the owner complies with the list of requirements for keeping a dangerous dog we will work with them to keep the dog," St. Gregory said. "We send an officer out to inspect the property and make sure they meet the requirements, like having a kennel."

But Jim Pugliesi is still concerned about the incidents that occurred in his neighborhood, and he worries that it's just a matter of time before the dog attacks an elderly person or child.

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