Letter to the Editor from Sindy Harris

On Saturday, September 24, 2022, at the entrance to the Britt Festival, a fawn was mauled by a dog running off leash. While I was not there until after the actual attack, a woman called 911 and a courageous man apparently attempted to stop the mauling by using a hose.  Others warned families with children not come into the Britt. The poor, bloodied fawn lay in the leaves, while the custodian of the dog (and by now, the Jacksonville Police) attempted to find it and leash it.  The dog was ultimately caught, and the woman and her dog(s) were allowed to leave, with no citation or other action by the Jacksonville police officer, Officer Oh.

Desperate to help the fawn, my friend called me to find out if I could help.  While I have no experience rehabbing wildlife, I have a sanctuary for domesticated pigeons in Jacksonville and am an advocate for them as well as the environment.  I immediately called Wildlife Images Rehabilitation and Education Center (“Wildlife Images”) in Grants Pass.  Wildlife Images is charged with providing care and treatment for sick, injured, or orphaned wildlife.  Wildlife Images informed me that all deer are not able to be “rehabbed” in the State of Oregon, per the rules and regulations of the Department of Oregon Fish and Wildlife.  Wildlife Images further informed me that the injured fawn would likely be shot.

These rules are unfortunate since so many deer are hit by cars, and they are either shot by the police or left to die.  However, in this case, since rehabilitation was not an option, I actually welcomed the officer shooting the fawn because it would put the fawn out of its misery.  The fawn appeared to have a broken neck and at least one broken leg.  It was also bleeding profusely from the dog bites to its head and neck.  The officer told us that he was going to leave the fawn and “check back later” because deer are “resilient.”  The poor fawn was still there the next day, twitching and barely alive.  It most certainly had (and was) suffering.  I called the Jacksonville police the next morning and implored Officer Oh to shoot the deer, so it would no longer suffer.  I understand that this finally happened.  I asked if the either the owner or the woman walking the dog had been cited, or what action had been taken.  The officer stated that it was still an “open case,” assuring me that he was going to “look into it further.”

If the dog had mauled another person’s dog or a child, we all know the dog would have been impounded, citations issued, even criminal charges.  That we are only dealing with the misery of a wild animal changes everything.  But should it?  There is no doubt that the dog’s custodian and its owner violated the law.  According to the Jacksonville Municipal Code:  “No person may permit an animal or bird owned or controlled by him or her to be at large within the City.”  See Jacksonville Municipal Code, Section 6.04.030(A); see also O.R.S. Section 609.090.  “At large means for the animal or bird to be off the premises of the owner or custodian and not under the control of the owner or custodian either by leash, cord, chain or otherwise legally controlled.”  See Jacksonville Municipal Code Section 6.04.03(B); see also O.R.S. Section 609.090(1)(a); 609.035(7).  The dog was not on a leash, cord or chain and could not be controlled, as proved by the vicious attack on the fawn and the difficulty catching the dog to leash it.  The dog was also clearly a public nuisance, and the dog walker and owner could have been cited for this reason as well.  See O.R.S. Section 609.095(1)(g); 609.035(6)(b).

It took me more than two weeks before I could follow up with Officer Oh to see what had happened, if anything.  On October 10, 2022, my husband ultimately spoke to Officer Oh.  He learned that no action was taken against either the custodian of the dog at the Britt that day or its owner.  Oregon law does not compel a citation or other action.  It is up to Officer Oh, in his discretion, to decide whether to cite or impound the dog.  See O.R.S. Section 609.090(1)(A) (“A law enforcement officer or dog control officer may cite a keeper, impound a dog, or both, if:  (a) The dog is found running at large in violation of O.R.S. 609.060.”)       After speaking to Chief Towe, I learned the reasons why no citation was given.  Officer Oh relied on two statements:  (1) the statement of the dog walker and (2) the statement of a 14-year-old eyewitness to the attack on the fawn.  The dog walker reported that she had had all three of the dogs she was walking on leashes.  Indeed, she reported that the dog at issue even had on a muzzle.  She stated that, she went to “make a change” to the muzzle (apparently requiring her to unleash the dog), and it got away “by mistake.”  According to the dog walker, the dog was running at large for about 20 minutes before it mauled the fawn.  Officer Oh’s second statement was from a 14-year-old girl, who witnessed the dog attack and believed that the dog was simply “playing” with the fawn.

I have every reason to doubt these two witness statements.   As to the dog walker, she had a strong motivation to lie.  It was only in her self-interest to report that she was complying fully with the leash law, and that an “accident” merely occurred.  Moreover, does it really matter that freeing the dog was an “accident?”  One could argue that her responsibilities to control the dog were even greater since she had the dog muzzled.  A dog is ordinarily muzzled for reasons related to aggression.  She also knew that if the dog got free, she could not “control” the dog by simply calling it back.  As to the statement of the 14-year-old, it is clearly uninformed by life experience.  A child who has never seen a vicious dog or a dog attack on another animal most likely does not know what she is actually observing.  The severe injuries to the fawn certainly put to rest any claim that the dog was merely being “playful.”  Moreover, there were many adults at the Britt who both saw the vicious attack first-hand and heard the pitiful cries of the fawn.  Yet, these people were not interviewed by Officer Oh.

The decision not to cite the wrongdoers is important.  Wasn’t it simply “dumb luck” that the dog who ran free for 20 minutes in a very public venue did not attack a child or another pet?  With no consequences for what happened, there is also no guarantee that this dog will not behave erratically and viciously again. The odds are certainly in that favor.  People don’t break the rules when they know there are consequences.  Imposition of a fine is a vital tool to get people to leash their dogs in public places, so no being, human or animal, is injured.  Sadly, the events of September 24th resulted in an innocent fawn suffering needlessly, and a dog left unchecked to potentially hurt again.

Interested readers may contact Sindy Harris at syndisa@gmail.com.