Dogs that attacked postal service worker euthanized

1. A person commits the offense of keeping a dangerous dog if he or she owns or possesses a dog that has previously bitten a person or a domestic animal without provocation and that dog bites any person on a subsequent occasion.

2. The offense of keeping a dangerous dog is a class B misdemeanor, unless such attack:

(1) Results in serious injury to any person, in which case, it is a class A misdemeanor; or

(2) Results in serious injury to any person and any previous attack also resulted in serious injury to any person, in which case, it is a class E felony; or

(3) Results in the death of any person, in which case, it is a class D felony.

In addition to the penalty included in subsection 2, if any dog that has previously bitten a person or a domestic animal without provocation bites any person on a subsequent occasion or if a dog that has not previously bitten a person attacks and causes serious injury to or the death of any human, the dog shall be seized immediately by an animal control authority or by the county sheriff, Curley wrote. The dog shall be impounded and held for 10 business days after the owner or possessor is given written notification and thereafter destroyed.

In the case of the five dogs, they had not previously bitten another person or domestic animal, as required for state prosecution, and as a result, the owner cannot be charged with a crime by state statute, Curley wrote. Further, Dent County does not have an ordinance concerning aggressive dogs, nor dogs at large. The City of Salem has an ordinance for dogs at large and the owner of the dogs received citations for each animal.

Violations of § 205.140 of the Municipal Code of the City of Salem are punishable by a maximum fine of $500, a maximum sentence of 90 days imprisonment in the Dent County Jail, or a combination thereof, according to city attorney James Weber. This range of punishment is applicable to each citation issued. 

Curley concluded by writing that civil remedies, such as a lawsuit for personal injuries and/or workman’s compensation, remain available to a victim of this circumstance.

In a release last week from the Salem Police Department, officers July 25 were dispatched to the 1000 block of East Center for a report of a U.S. Postal Service worker being attacked by 5-6 dogs as per witnesses. An investigation into the incident was conducted, and officers met with the victim at the hospital where he was treated for his wounds and injuries.

Subsequently, contact was made with owner of the dogs involved, and the dogs were seized for quarantine, according to the release. Summons were issued to the owners of the dogs for Dogs at Large. Further investigation led to other forms of evidence such as partial video of the attack confirming five dogs attacking the victim. The victim sustained serious physical injuries from the attack.