Caldwells file appeal to keep dogs alive
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The appeal, filed Wednesday by pet owners Brian and Aaron Caldwell of Cherry Lane, came just before the 10-day appeal deadline, after which the dogs, a boxer and a pit bull, were to be put down by order of City Judge Tim Reed.
The filing means Circuit Court Judge Bart Stanley will hear the appeal and decide whether to allow the order to remain and the dogs be put down, or to change the order and spare the lives of the dogs. The appeal itself cost the pet owners $250 to file.
The appeal comes after Judge Reed ordered the dogs put down following a hearing June 6 in which he found they were a threat to the neighborhood. The dogs had been taken into custody after city officials said the Caldwells failed to keep the dogs properly restrained as ordered. The Caldwells say they used an invisible fence with shock collars to keep the dogs on their property and that they had kept them chained after being ordered to do so by the city.
During the recent hearing, a variety of testimony was heard, including that of neighbor Kenny Knight whose 11-year-old daughter was allegedly knocked off her bike and bitten on the road in front of the Caldwells’ house. Knight has criminal charges pending and has also won a $27,000 defamation of character judgment against the Caldwells after they posted signs in their yard making false allegations against him.
Also testifying was a city meter reader who said one of the dogs bit at him while he was doing his duty and that Mr. Caldwell took a swing at him after he tried to fend off the dog. The meter reader also has criminal charges against Mr. Caldwell.
The testimony of those and others prompted Judge Reed to at first agree to banish the dogs from the city. However, after further thought, the municipal magistrate decided to have the dogs put down rather than risk them attacking someone near their new home.
A date has not been set for an appeal hearing. The dogs will remain held at the animal shelter pending the court’s ruling.