Tuesday, May 6, 2008

When is an Animal Unreasonably Dangerous? Sometimes It is More Clear...


A Legal Pub reader Nikki B. reports that her two dogs have been unjustly accused of being dangerous and having attacked a person. The reader claims her dogs did not attack anyone and have been taken into custody without due process. According to Nikki, Fred Forbes, the Interim Division Chief in Jacksonville, Florida will make the final judgement regarding "Ginger and Nyla." Legal Pub responded to Nikki B. that she consult a lawyer in her local community (Jacksonville) as Legal Pub can not represent her in Florida. Perhaps a follow up story can be written after Nikki gets competent legal representation for her dogs in her local jurisdiction. In the interim, Nikki's problem reminds readers that some times animals are dangerous. For example, in Racine, Wisconsin, a dog was believed to be playing with a toy gun. But the toy turned out to be a loaded semiautomatic handgun!

Police speculate that the gun may have been tossed there by 22 year old Sergio M. Pegues who was fleeing police on Thursday night. Sergio was apparently wanted on a felony probation hold. An individual took the gun from the the dog. While the man was entering the house, he apparently dropped the gun and it discharged when it hit the floor. Police were called to the house and they took custody of the gun. There were no injuries. Pegues was later arrested and charged with possession of marijuana, disorderly conduct and obstructing an officer. Charges carry a maximum penalty of 4 1/2 years in prison and a $21,000 fine. Sergio, like all suspects, including Nikki B's two dogs, are innocent until proven guilty. See The Journal Times, http://www.journaltimes.com/ for more information.

10 comments:

Anonymous said...

If Nikki's dogs did not do it, I hope she gets them back. Wish I could help but I am a long way from Florida right now.

As for the dog in Racine, lucky someone (like a kid) did not get hurt!

Anonymous said...

Sergio fed the dog a gun, nah, I doubt it. Does it have Sergio's prints? If not, never be able to prove its his.

Anonymous said...

Its a loaded piece man! Dog's got a piece. Giggle ... giggle. No man its real!

Anonymous said...

Dog gone!

Ms Calabaza said...

I hope Nikki gets her dogs back. I would be one unhappy curmudgeon without my two dogs!

As for the dog that found the gun, he needs a reward, box of kibbles at least.

Anonymous said...

Dog gone dog out slooped the detectives on the case.

Secrets said...

Dogs playing with semiautomatic weapons.......what next?

I feel for Nikki. I would die if my dogs were taken into custody. Hell I've never even been taken into custody.

The funny part of this is that someone can unjustly accuse a dog of a crime and the police will take the dog into custody without even verifying the accusations. But I called the police on my ex and they didnt do a damn thing. Just cause he can talk. What kind of *ish is that?

Erica (Nikki) said...

Hi
This is Erica (Nikki)...regarding the case of the dogs ..thanks for the write up BTW. So my dogs are under investigation still in animal control they are honestly getting very sick. Nyla has kennel cough and ginger has this rash on her and is very lethargic and is not very responsive. Well so get this the investigation is considering the attack a fraud. They stated in the report it looks like a human bite in the photos. The report stated severe damage had occured. My dogs were in my kitchen when I went to work when this happend. So this man and women (which had a baby with a stroller) who the women stated SHE was hurt very bad ON HER BACK.Then from 1 county away this Dr. faxed over a the notification of this incident to beware of these 2 dogs were loose and dangerous. Well guess who trying to sue me. Now get this HE IS THE ONE AND HE IS CLAIMING THE BITE MARKS AND THAT HE WAS THE ONE WHO WAS HURT AND HAS THE PHOTOS ON FILE. YEAH MY DOGS ARE MOST LIKELY GOING TO DIE FROM THAT PLACE DUE TO THEIR HEALTH. WHILE THIS JERK IS TRYING TO MAKE A FEW.......so I dont own my house and cannot afford a lawyer so I have to just sit back and do nothing. They said I have comply with the dangerous dogs requirements until I get my hearing in order for my dogs to come back with me. Honestly can't board them bc they are under investigation still as dangerous.I dont know anyone who they can stay with until the appeal due to this so called dangerous dog is done. I havent slept in to days if any body know of any help please email me email me at buckieb3@yahoo.com

Anonymous said...

L. S. is right down the road in Orlando. Can I help?

L.S.

Legal Pub said...

Nikki B. (Erica) May I suggest that you give me contact information and I can forward it on to L.S. to see if he can help. He is a police officer/ lawyer. If he can't help, perhaps he can refer you to someone who can.