MITCHELL, S.D. (Dakota News Now) – A Mitchell man hopes to create change regarding Animal Control’s determination of a vicious dog and believes some of the assessment tools are being misused.
First alert investigator Beth Warden spoke with a retired military man who will not get to spend his retirement with one of his dogs, which he was forced to put down a year ago.
The Hoffman family treasures memories of their dog Benny.
“Begging for treats was his favorite pastime, and curled up in front of the fireplace in my house,” Robert Hoffman remembered.
When Benny was a puppy, Hoffman brought him home as a gift for his wife and as an extra layer of safety while he was deployed.
“I was overseas, and Benny took care of her every single day,” Robert said. “I knew no one was gonna come home at my house.”
Robert said there were no previous incidents of Benny with other dogs or people until a man walking two dogs stopped on his lawn.
“So mad, he literally broke his choke chain off his lead, burst through the gate and bit the dog one time, let it go. There was blood everywhere. Guy holding his dog, you know, he was upset, and I understand that I would be too. And I told him, ‘You know what? Man, I don’t know what happened, but I’ll pay the bill. Whatever we got to do here.’” Robert explained.
Police interviewed both sides and concluded Benny to be a vicious dog. The dog he attacked was treated and recovered. Hoffman paid the vet bill and was given two options.
“Either move him out of the county and find a different home, or he was going to have to be quote, unquote, “euthanized.” I don’t like that word, euthanized. It was murder; Benny was a part of my family. He wasn’t just a dog,” Robert expressed.
Robert takes issue with two items. One is using the Dunbar Scale to assess a dog bitten.
According to the Dunbar Academy, the assessment is to be used only on humans who have been bitten, not dogs.
The other issue was who handled his appeal.
“The chief of police in Mitchell is the judge, jury, appeal authority, and executioner. That does not meet the requirement of due process,” Robert said.
Although nothing can bring Benny back, Robert hopes to change the way the city of Mitchell and other South Dakota towns assess dogs with concerning behavior.
“My resolution is to get this ordinance changed so this does not happen to something else,” Robert said.
Robert believes the Mitchell city code copied and pasted the Sioux Falls city code.
Dakota News Now spoke with the City of Sioux Falls and a spokesperson said an independent hearing examiner, who must be a member in good standing of the State Bar of South Dakota, is assigned to hear the appeal.
Sioux Falls uses the Dunbar Scale to assess dogs receiving bites, which is not the intention of the Dunbar Academy.
The Mitchell City Attorney said there are no comments at this time, should there be litigation in the future.
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