Dog attack victim receives sympathy, no action from EC sheriff's office

Jul. 18—A spokesperson for the Erie County Sheriff's Department said the police agency has sympathy for a Grand Island dog groomer who was severely injured in a May dog bite incident but it won't be investigating the matter because it's not under its jurisdiction. The incident is also considered civil, not criminal, in nature.

In a statement issued in response to a June 18 newspaper report, Erie County Sheriff's Office spokesperson Chris Horvaitis described the incident that hospitalized Glitter Paws grooming salon owner Mayra Rodriguez as "terrible" and said the police agency wished her "luck in her recovery."

In the same statement, the sheriff's office indicated that personnel who handled the case did so "professionally and correctly" when they advised Rodriguez that it was a "civil matter."

"There is nothing in the New York state penal law that would apply to this situation," the statement concluded.

INCIDENT AND INJURIES

Rodriguez was rushed to Kenmore Mercy Hospital in a private vehicle after being bitten by a Shar Pei on the face, chest and hand while she was walking the dog outside the plaza where her business is located on Grand Island Boulevard.

The dog ripped off part of Rodriguez's cheek to the point where it was hanging by her bottom lip and caused two gashes under her left eye as well as damage to part of her lip, cheek, jaw and chest. Rodriguez also suffered what she described as "defensive wounds" on the bottom of the palm, wrist and thumb on her right hand. After initially being treated at Kenmore Mercy, she was transferred to Erie County Medical Center where she received additional treatment. She is now scheduled for bi-weekly follow-ups with her doctor who anticipates she will need additional surgeries in the future.

This newspaper previously reported on Rodriguez's concerns that local authorities, including the Erie County Sheriff's Department and Grand Island dog control, did not take the attack seriously enough. She has also expressed concern about the whereabouts of the dog, which was reportedly returned to its owners in Niagara Falls following the incident.

In a follow-up interview on Monday, Rodriguez said she has still not heard back from any local authorities. She described herself as being "flabbergasted" by the situation.

"Nobody wants to take any accountability whatsoever," she said. "It was a dog bite attack. How can you want to take no accountability over a dog bite attack? You don't even have to say you messed up. They could just start doing their jobs."

ATTEMPTS TO REPORT ATTACK

Rodriguez had groomed the dog that bit her for several years. On the day of the attack, she agreed to take the dog out of its kennel after being asked to do so by staff from The Pit Chic, a dog boarding and animal shelter that is located next to Rodriguez's business in the same plaza on Grand Island Boulevard.

Pit Chic owner Kelli Swagel said she called the sheriff's office and reported the dog bite after it happened. She said she was told by a deputy who responded to the call that it was a civil matter and that it should be handled civilly.

"I advised the owner of the incident and that the dog needed to be removed immediately," Swagel said. "After I returned to my facility, I called sheriffs and reported the incident."

To date, Rodriguez has been unable to locate a physical copy of any report taken by an officer that day. Rodriguez said a deputy told her that while there was a "log" from the day of the attack, there was no report.

Rodriguez, who was unable to speak for the first 10 days after the attack due to her injuries, said she attempted unsuccessfully on numerous occasions to follow up with the Grand Island Animal Control department and the sheriff's department after being released from the hospital.

She was told by Grand Island Dog Control Officer Mike Ludwig that his office had nothing to do with the incident. Ludwig also told her it was a civil matter.

Weeks after the incident, Rodriguez was able to fill out a report with the Erie County Sheriff's Office in person, only after several telephone calls seeking assistance were not returned.

Niagara Falls Animal Control Officer Donald Booth directed Rodriguez to report the incident to Grand Island authorities, saying he determined a report should be filed where the incident occurred. Booth did write up a report from his office, documenting that he spoke with Rodriguez about the situation.

Rodriguez also said she was not advised during her stay at either Kenmore Mercy or ECMC if either hospital notified the Erie County Health Department. She spoke to an officer from the health department for the first time on June 17 — 28 days after she was bitten — who directed her to file a report with Niagara Falls Police Department because the owners of the dog live there.

Rodriguez said she has since been contacted by a representative of the Erie County Health Department who left a voicemail on her phone, telling her that she did not need to be concerned about rabies and that the dog that bit her was "alive and well."

Due to the nature of the attack, Rodriguez believes the matter warrants further investigation. She said she's concerned the dog could pose a danger to someone else in the future.

"That's all I keep hearing is that it is a civil matter. It's a civil matter," Rodriguez said. "No, it's not. It's not just a civil matter. How is it a civil matter when it involves community safety?"

DANGEROUS DOG LAW

Under Section 121 of New York State Agriculture and Markets Law covering "dangerous dogs," owners of dogs who have attacked or threatened to attack can face penalties ranging from fines to up to one year in jail.

State law defines a "dangerous dog" as any that, without justification, attacks a person, companion animal or farm animal and causes physical injury or death. The law also characterizes a "dangerous dog" as any that "behaves in a manner which a reasonable person would believe poses a serious and unjustified imminent threat of serious physical injury or death to one or more persons."

The law indicates that individuals who have been attacked or witnessed a dog attack "may" make a complaint of an attack or threatened attack "to a dog control officer or police officer of the appropriate municipality." The law indicates that an officer "shall immediately" inform the complainant of his or her right to "commence a proceeding" and, if there is reason to believe the dog is dangerous, the officer "shall" commence such proceeding himself or herself.

The process can lead to a hearing as part of a "dangerous dog proceeding" that would allow a judge to determine if a dog poses a danger and if the animal should be "seized for the safety of the public until a hearing on the matter."

In response to the initial statement from Horvaitis, this newspaper sent a link to New York's "dangerous dog" law, asking if the sheriff's office thought any aspect of the law might apply to Rodriguez's case.

In response to the newspaper's questions, Horvaitis emailed two additional statements. The first indicated that the sheriff's department notified the Grand Island Dog Control Department of the incident within an hour of receiving the initial call, which was described as having been reported from a "third party."

The second statement read: "We reported this incident to the appropriate agency responsible for responding to complaints of dog bites and/or attacks in Grand Island (the Dog Control Department). Any subsequent questioning regarding the handling of the complaint should be referred to them."

In response to questions in advance of the publication of the newspaper's June 19 story, Grand Island's dog control offer Ludwig initially said he was "not familiar" with the incident and "not in a position to answer any questions," adding that the incident did not "come through Grand Island dog control in any way, shape or form."

Ludwig said Rodriguez went to the hospital on her own and did not contact the town's animal control office when the incident happened.

Ludwig said if there was any more information the newspaper wanted, it would need to file a "FOIL" request, a reference to a Freedom of Information Law, with the town.

"I don't have to explain it to you," Ludwig told a reporter. "If people don't call, then I don't have anything to do with it."

Grand Island Town Clerk Patti Frentzel said the town has "no idea" where the dog is now because the town didn't know about the incident and did not investigate it. She agreed with Ludwig that it is a civil matter.

Frentzel said in a situation like the one Rodriguez experienced, where she went to a hospital on her own, it would be the legal responsibility of the hospital where she sought care to notify the Erie County Health Department.

"The emergency room is the responsible entity to file," she said. "There's nothing for the dog control officer to do because it's already been done."

Ludwig, Frentzel and Grand Island Town Supervisor Peter Marston Jr. did not respond to multiple follow-up requests for comment.

BACK TO GROOMING

Rodriguez said she returned to her duties at the dog grooming salon this week for the first time since the incident and remains grateful for all the support she's received from her clients and people who have offered her encouragement online and supported a GoFundMe page established to assist with her medical and legal bills.

"The overwhelming support from the community has really made the difference for me," she said.

Rodriguez said the "most disappointing part" of the experience has been the lack of interest in her case on the part of local authorities.

"They just don't seem to care. They don't want to care and it comes from all fronts," she said.