Members Present – Thomas Hooker, Thomas “Hank” Pelkey, David Mills, Alicia Malay and W. Joseph Gagnon. Others Present: Mike Warfle, Rich Bowman, Erik Krukowski, Ashlie Pacheco, Richard Gagnon, Stazy Warner, Paul Gagnon, Jessie Gagnon, Adam Gagnon, Town Manager John Haverstock, Recording Secretary Kelly Giard.
The Dog Hearing was called to order at 5:00 PM by Chairman Pelkey.
The participants were administered the oath by Chairman Pelkey.
A letter was received from Mr. Ed Krukowski, who was bitten by the respondent’s dog and this letter was entered into evidence as ‘Exhibit A’; the police report was entered into evidence as ‘Exhibit B’; an email from Jill Blanchard, a neighbor, was entered into evidence as ‘Exhibit C’; an email from Kim Keith was entered into evidence as ‘Exhibit D’. The Select Board rules, oath and animal ordinance were explained.
The complainant was Erik Krukowski, who lives on Alfred Buck Lane and his parents, Ed and Elizabeth Krukowski.
Mr. Ed Krukowski attended via phone call. He stated that on July 4, 2020 at approximately 5:40 PM, he and his wife were walking his son’s dogs from 18 Alfred Buck Lane to the top of Depot Hill Road and through the Bar Harbor Bank parking lot and they were walking back to Alfred Buck Lane when he heard a noise and turned. When he turned, he saw a large brown dog cross the road from 4152 Route 7 nearly causing a vehicular crash. Mr. Krukowski felt that he was in harm’s way and he turned to see the dog coming at his wife. The small dog that they were walking was in harm’s way and Mr. Krukowski stated that he tried deflecting the attacking dog to protect his wife. Mr. Krukowski stated that the first nip was on the outside of his left hand and was received when he tried pushing the brown dog and tried grabbing the small dog. At this point, the brown dog latched onto Mr. Krukowski’s hand with his jaw open toward the small dog making contact with his tooth at the upper lid of the small dog. Mr. Krukowski stated that he hollered for help immediately and that he could not get his hand free from the dog’s mouth. Mr. Krukowski stated that motorists stopped to help get the dog’s mouth released and with that, the dog bit harder. Mr. Krukowski stated that he was on the ground and the dog would not let go for about 5 seconds. Mr. Krukowski stated that he was afraid that if he let go of the dog that he would attack him or his wife. There were 2 to 3 men who tried to release the dog’s grip with no luck, however, one of the men picked up the dog’s back legs to release the grip. Mr. Krukowski stated that he was trying to protect his dog and his wife while in shock and bleeding. Mr. Krukowski stated that someone came in a golf cart and offered assistance. This person transported them back to Alfred Buck Lane while the dog and Mr. Krukowski were bleeding. Mr. Krukowski stated that he had 7 puncture wounds on his hand. Mr. Krukowski stated that the dog was not obeying any commands and would not listen. Mr. Krukowski stated that motorists stopped to offer assistance and someone called 911, and they were told that there was no one in the area from the Vermont State Police. Mr. Krukowski stated that he denied ambulance services. When Mr. Krukowski returned to Alfred Buck Lane, he stated that his son made phone calls to Regional Medical Center Emergency Department for treatment. Mr. Krukowski stated that the physician stated that the bites were a class 4-5 and were 7 confirmed puncture wounds. The physician did not do any stitches for fear of infection from the bacteria and that the bites were close to the bone. Mr. Krukowski stated that he is currently fighting a secondary infection due to the bites and is receiving medical care. As a result, Mr. Krukowski stated that he has missed work and is still not feeling well due to the bites. Mr. Krukowski described the incident as “quick and vicious”. Mr. Krukowski expressed thanks to Chief Warfle, as well as the neighbors that assisted.
Erik Krukowski and his fiancé Ashlie are the owners of the small white dog, “Goose”. They stated that they took him to Dr. Bruce at Eastwood Animal Clinic at 6:30 PM for an emergency vet appointment. Goose had surgery to clean the wounds and stitch him up. Goose was required to stay at the clinic overnight to receive pain medication. Pictures from the vet were presented into evidence as ‘Exhibit H’. Mr. Krukowski stated that the neighbors responded with emotional support and assistance and he stated that he was confused with the procedure surrounding a dog bite.
J. Haverstock inquired if the Krukowski’s were new to the area. Mr. Krukowski stated that they purchased their home on May 29, however they had previously rented a home on Furnace Road for about 18 months. J. Haverstock inquired the number of dogs that are owned. Mr. Krukowski stated that they have two dogs that are always on a leash and harness, with the second dog being a german shephard.
Richard Gagnon, stated that his family ran over to the bank parking lot as he was in the house and the dog was originally in the van with Paul. Paul stated that the van door was electric and before he could leash the dog, he ran across the street and the white dog “snipped” at his dog and he believes the dog would not have fought if he had not been provoked. Mr. Gagnon stated that he offered to pay the vet bills, etc and admits the dog had a grip on the dog and does not blame Mr. Krukowski. Mr. Gagnon stated that he also had bites on his arm from the dog. Mr. Gagnon stated that he called Mr. Krukowski and stated that his dog is not vicious. Mr. Gagnon stated that he has resorted to putting a shock collar on his dog and does not believe this would have happened if his dog was allowed to sniff the other dog. Mr. Gagnon stated that his dog has a collar and leash on at all times and he did admit that the dog crossed the road. Mr. Gagnon stated that his son stated that the white dog nipped at his dog for sniffing. Mr. Gagnon referred to a letter that the incident happened at the intersection of Route 7 and Depot Hill Road and not at the Bank parking lot. Mr. Gagnon stated that Mr. Krukowski’s father was waving his arms and hollering. Mr. Gagnon stated that the letter indicated that his dog was a pit/rottweiler mix, however it is a pit/lab retriever mix. Mr. Gagnon stated that he believes that Chief Warfle was communicating with both parties and admits that his dog was involved. Mr. Gagnon stated that his dog is a therapy dog and helps him with his depression. Mr. Gagnon stated that he has put his house on the market and will be moving.
Stazy Warner testified that she has 10 years in the medical field and not one time has the dog been violent and that she has a 6 year old that can do anything to the dog and the dog does not touch or harm another animal or human. Ms. Warner stated that the dog is always on leash while being walked. Ms. Warner stated that she was in the house when Adam said that the dog was in a fight. Ms. Warner stated that her family helped separate the dogs and the german shephard was barking and growling at her. Ms. Warner stated that the incident sent her into a panic and an asthma attack. She stated that the dog has up to date shots.. Ms. Warner stated that the dog now has a shock collar and they have been proactive since the incident to keep the dog under control.
J. Haverstock inquired where and when the dog was last registered. Mr. Gagnon stated that the dog was last registered in Orwell and was not registered recently because the dog was living in New York with friends and has been recently been brought to the Pittsford house to become used to the area and has been here for about one month.
Jessie Gagnon stated that Harley is a big dog weighing about 107 pounds and it is unknown how he “ran” and stated that that was false information. Ms. Gagnon stated that the dog sleeps with their bearded dragons and 3 cats that are in the home and is not a vicious dog. Ms. Gagnon stated that she checked on the white dog and there was a deep wound near the eye that she put water on and checked the neck wound, which was approximately 1’ deep. Ms. Gagnon stated that she had the bleeding stopped before they left in the golf cart.
Adam Gagnon stated that he was on the porch when he saw Paul try to grab the dog and couldn’t get it. Mr. Gagnon stated that the dog ran fast across the road. Mr. Gagnon stated that he saw Harley nip the white dog. Harley has a hole on his nose. Mr. Gagnon stated that he went to get family and told them that the dog had been in a fight. The family members then ran across to help. Mr. Gagnon stated that he assisted on the back of the golf cart holding pressure on the wound.
D. Mills inquired if the dog had a collar on. Mr. Gagnon stated that the dog had one on, however, it was reported by the Krukowskis that there was no collar on. Mr. Gagnon stated that the dog is always on a leash with his collar on at that time.
Mrs. Krukowski stated that she did not recall a collar as she was looking for a collar to grab to try to control the dog.
Mr. Krukowski stated that Chief Warfle called his family and got information. Rich Bowman stated that Mr. Gagnon volunteered to put the dog down. Mr. Krukowski stated that there was conversation as neighbors to resolve, and this was not a personal issue and he had no desire for the Gagnons to sell their property and move.
Chief Warfle stated that he received a message from Mr. Gagnon at approximately 7:00 PM stating that there had been a dog fight. Chief Warfle stated that when he signed on with Vermont State Police, he was given the call to respond to Alfred Buck Lane. Chief Warfle stated that he was not able to meet with the Krukowskis over the weekend. However, he met with them on Monday morning and took pictures of the hand and dog, which was entered into evidence as ‘Exhibit I’. Chief Warfle explained that Mr. Gagnon was hard to get in touch with as he was away at a camp in New York, however, Mr. Gagnon told him that he had a friend who volunteered to put the dog down. Chief Warfle explained to Mr. Gagnon that he was not an attorney, however, he was responsible for the dog and the dog’s actions. Chief Warfle stated that he contacted the vet and found that the dog was up to date on shots and was between 7 ½ and 8 ½ years old. The Clarendon Vet Clinic indicated that the dog had been recently treated for a facial injury when the dog tried to break a window. Mr. Gagnon explained the incident with the facial injury as a female walks a german shephard by their house and the dog barks. When the incident occurred, the dog felt the other dog was too close to the window and tried to get through the window. A letter from Clarendon Vet Clinic was entered into evidence as ‘Exhibit J’. Chief Warfle stated that the dog was registered in Pittsford 13 days after the attack.
Rich Bowman stated that he received a call from Rutland Regional Medical Center on July 5. Mr. Bowman stated that he spoke with Chief Warfle on July 6 and spoke with Mr. Krukowski’s father and was not aware for that the dog belonged to Erik Krukwoski. Mr. Bowman stated that the respondent’s dog had not been registered in Orwell for 2 years and that while the dog was registered in Orwell, there were no formal complaints.
Chairman Pelkey closed the public session at 6:00 PM.
The Select Board entered into Deliberative Session at 6:05 PM.
The Select Board exited Deliberative Session at 6:15 PM.
The next regular meeting of the Select Board will be held on August 5, 2020.
Respectfully Submitted,
Kelly Giard
Recording Secretary
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Thomas “Hank” Pelkey, Chairman
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Alicia Malay, Vice Chairman
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Thomas Hooker, Selectman
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W. Joseph Gagnon, Selectman
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David Mills, Selectman