Dog owner loses appeal over city euthanasia order

Aug. 19—A Circuit Court judge has upheld the city's euthanasia order of a pit bull who killed a cat in June.

James Mayer, the dog's owner, still hopes the city will somehow spare Layla and allow him to take his pet back to Multnomah County, where Mayer lives.

"This was not a malicious act akin to murder that deserves punishment," he said in a statement to The Astorian. "Capital punishment for something like this is too extreme and not based in logic."

Judge Beau Peterson sided in favor of the city on Wednesday after Mayer appealed a Municipal Court ruling that upheld the city's euthanasia order.

In June, Layla, who was staying in Astoria with Mayer's girlfriend while she was working at Columbia Memorial Hospital, got loose and killed a cat named Jack. Layla was chasing another cat before being caught and taken to Clatsop County Animal Shelter.

Eric Halverson, the interim police chief at the time, designated Layla a level five dangerous animal, the highest level, which applies to animals at large that kill other animals.

At a hearing in Circuit Court on Wednesday, City Attorney Blair Henningsgaard called Jack's owner and others who described the aftermath of the attack.

John Taylor, who lives with Theresa Brown, Jack's owner, said he saw the dog pouncing on the cat. He then went to help corral the dog.

When Taylor went to go check on Jack, the cat was making some noise but clearly dying. "There was no trying to save him," he said.

Brown said Jack often slept outside in the sunshine. When she heard yelling outside, she came out to see Layla chasing the neighbor's cat and her cat covered in blood. She said she sat there for a while afterward, holding Jack's body.

Geordie Duckler, an attorney in Tigard who specializes in animal-related legal issues, represented Mayer. He said that since none of the witnesses actually saw Layla kill the cat, the dog should not be classified as a level five dangerous animal.

"They didn't see dog kill the cat," he said. "They inferred that, of course, dog killed cat, but they didn't see that behavior, and if we're at that level in which we're applying city code conscientiously and properly, then we don't have a level five classification, or we shouldn't, if we're applying it correctly."

Instead, Duckler said the descriptions of Layla's behavior fit a level one or level four designation. Level one behavior is defined in the city code as an animal at large that threatens or endangers the safety of another animal. Level four behavior is established if an animal at large aggressively bites or causes physical injury to an animal or person.

Judge Peterson said he understood Duckler's argument to a point, but he did not believe the city code prohibits the court from drawing reasonable, well-founded inferences about the situation.

Since Jack had no prior health problems and died after being attacked by Layla, Peterson said he did not need witnesses to say they saw Layla kill Jack to uphold the dog's classification as a level five dangerous animal.

In his statement to The Astorian, Mayer said the dangerous animals section of the city code is inhumane, especially in its call to euthanize animals for manageable behavior.

Mayer said he and his girlfriend feel terrible about the loss of Jack, but they do not think Layla should die.