Illegal immigrant awarded $250k for dog attack

Fryrice · December 1st, 2007, 12:39 PM

Video------> Yahoo!

Please make this a constructive discussion. No direct slurs or attacks on each other.

Dog's fate devastates family
Judge orders shepherd destroyed after vicious attack
Thursday, November 08, 2007
BY LINDA STEIN

PRINCETON TOWNSHIP -- A family whose beloved German shepherd faces death for having led a dog attack on a landscaper is devastated by the news but vows to continue to fight to save him.

"He needs to come home," said Guy James, the Princeton homeowner who managed to call his dogs off the landscaper, but only after the worker was severely mauled in the June 5 attack.

"He's innocent. He did nothing more than protect my wife. He never bit anyone until she was grabbed and pulled to the ground," James said.

Congo has been ruled vicious by a municipal judge and ordered put down.

"As a family, it's destroyed our way of living," said James, 46. "We're just consumed with the whole thing."

The landscaper, Giovanni Rivera, has won a $250,000 insurance settlement as a result of serious injuries he sustained in the attack, which occurred when he and others disobeyed instructions from James not to get out of their car until Congo and several other dogs on the property could be sequestered for safety.

Rivera, a Trenton man, was on the 10-acre, fenced property on Stuart Road to do yard work. The landscaping crew had arrived before 7 a.m., about an hour before they were expected.

James, who was about to take a shower, called out a window to them in Spanish, telling them to get back in their car and wait because the dogs were in the backyard being fed.

While the dogs, two 2 1/2-year-old German shepherds and their four 6-month-old puppies, had not had problems with people on the property before, James said in an interview that he didn't want them to interfere with the workers. Also, he wanted the workers to wait until he was dressed so that he could tell them what to do, he said.

Instead, Rivera and another worker got out of the car after a few minutes and the dogs began to bark. That worker began to hit the dogs with a metal rake and Elizabeth James, Guy James' wife, yelled for him to stop. Meanwhile, Rivera, who was afraid of the dogs, grabbed her from behind and pulled her to the ground, causing her to scream. At that point Congo began to bite and scratch Rivera and some of the puppies joined in.

"The whole thing was pretty terrifying," Elizabeth James said. "You can't imagine. I was scared. It happened extremely fast. I didn't have time to think."

Meanwhile, her 8-year-old son, Ben, ran into the house to get his father. Moments later, Guy James hurried out and called off the dogs.

Rivera, who was treated for bites at a local hospital, settled with the couple's insurance carrier for the $250,000, Guy James said.

Rivera's lawyer (what a joke), Kevin Riechelson, said his client has scars from the dog bites and scratches that may be permanent on his arms, legs and torso. Rivera still suffers from numbness in his leg but is able to walk.

"He had a really deep wound on his right thigh," Riechelson said. "Luckily, his face wasn't touched."

In addition to the $250,000 settlement, the Jameses' insurer agreed to pay medical bills and worker's compensation claims for Rivera, Riechelson said.

The Jameses' children, especially Ben who witnessed the attack, have been "crying nonstop," Elizabeth James said. "They've been on an emotional rollercoaster." Their dog has been placed in a shelter while the court process plays out.

Hannah James, 11, wrote a letter to Judge Russell Annich Jr. saying in part, "I am so upset seeing my dog locked up in jail for doing his job. When my friends are over they play with and around Congo and have no problems. I want you to know that this is coming from my heart and I mean it with all my heart and soul. Actually, my broken heart. We will never ever forget this for the rest of our lives. You have made the wrong decision in my eyes."

And Congo, who is being held at Save a Friend of Homeless Animals, is depressed and anxious, Guy James said. He now has to be hand-fed or he will not eat.

Meanwhile, James' lawyer, Robert Lytle, argued at a hearing in Municipal Court that the attack had been provoked and under New Jersey law, the dogs had a right to protect themselves and their owner.

But some, including municipal prosecutor Kim Otis, argue that the Jameses should have had control over the dogs and were negligent.

Indeed, Judge Annich found that "the prevailing circumstances did not constitute provocation and that the attack upon Mr. Rivera, initiated by Congo and subsequently by the other dogs present, continuing unabated for three minutes, was a response grossly disproportionate to the prevailing situation."

Guy James pointed to testimony from dog behavior expert and University of Pennsylvania professor Ilana Reisner, who said that in her professional opinion James' dogs were "clearly provoked."

"Based on these threats (unfamiliar individuals, perceived threatening position, the attack on the puppies with a metal rake, grabbing the owner from behind and pulling to the ground) the dogs were compelled to defend themselves and their owner," Reisner wrote.

"I am so sorry for what happened but it was not out of viciousness," Guy James said. "This was a provoked attack and any dog would protect its owner in the same manner. I can't imagine that any dog -- who was beat with a rake, hard enough to cause bloody gashes, and then had its owner grabbed from behind -- would walk away without action."

Guy James also garnered statements from several people who had been on his property and attested to the dogs' friendly behavior, including John Pettenati, the township building inspector. In fact Pettenati nicknamed them "the happy dogs" because they were so pleasant.

Guy James said that while he and his family were waiting for their house to be finished they lived for several months at a hotel. During that time Congo and his mate, Lucia, interacted with maids and others and never caused a problem, he said.

James also sent Congo and Lucia to the American Dog School in Denver for obedience training. James stressed that the dogs were trained for obedience, not as guard dogs. The four puppies are currently at that school, he said. Five of their siblings were adopted and one of those dogs is being trained to be a police dog in Pennsylvania, Guy James said.

Meanwhile, an article in The Times and reports in other media outlets have spurred the public into action on Congo's behalf.

Kat McAfee of the Coalition for Action in the Interests of Animals has organized the Coalition to Free Congo. She expects hundreds to come to a rally Tuesday at 10 a.m. at the municipal building at 400 Witherspoon St. in Princeton.

McAfee said they hope to save Congo's life by "bringing pressure on the powers that be."

Annich is expected to place his ruling on the record Tuesday afternoon.

For his part, Guy James said he has received thousands of letters and e-mails and thanked those who have offered their support.

"Congo is a fantastic family pet who is loved by everyone we know and many we don't," James said. "We will not let this rest for the sake of all dogs and their owners, and most of all, our family and Congo."

Guy James plans to appeal Annich's ruling to Superior Court.

"We will fight with all our love and support from friends and strangers until he is back with us," he said.

TurboLX · December 1st, 2007, 12:42 PM

I thought dogs were allowed one free bite?

TurboLX · December 1st, 2007, 12:44 PM

Free Congo!!!!!!!!!!!

thetrooper31 · December 1st, 2007, 12:44 PM

Originally Posted by TurboLX

Free Congo!!!!!!!!!!!

+1

Regency 2007 · December 1st, 2007, 12:54 PM

Fryrice · December 1st, 2007, 12:54 PM

To broaden the scope a bit.....it baffles me how in this situation you have an illegal immigrant going through our court systems in a attempt (successful btw) to win monetary awards and compensation and he has not been arrested,deported or forced to return the compensation.

But yet and American family is being forced to pay the price for his illegal actions by having their family dog and protector killed.

Its our judicial process run amok.

Fryrice · December 1st, 2007, 12:55 PM

Originally Posted by Regency 2007

Watch the video or read what I highlighted.

tsp_2177 · December 1st, 2007, 12:56 PM

yeah if he's illegal shouldnt he have just been deported right then?

ChrisJ · December 1st, 2007, 12:57 PM

I think this is total bull$hit...

If your not legal to be here then you dont get $hit...

Plain and simple...

GTFO

Dennis · December 1st, 2007, 12:57 PM

what a crock of shit that dog did what he was supposed to do. the dude grabed the wife and threw her on the ground hes lucky hes still alive. deport his ass back to wherever hes from and give them their dog back. its not the dogs fault hes too stupid to listen.

BWAL · December 1st, 2007, 12:59 PM

well i can safely assume that everybody here knows my thoughts on this. with that being said, i think it would be pointless for me to respond here.

Regency 2007 · December 1st, 2007, 01:00 PM

Put the illegal down instead of the dog

tsp_2177 · December 1st, 2007, 01:01 PM

yeah thier making it seem like its the wife's fault for screaming that illegal should be glad he's not dead if one was to ever touch my wife one day...

Regency 2007 · December 1st, 2007, 01:05 PM

yeah I think if an illegal messed with my wife I would empty a whole clip of .45 in his head

TurboLX · December 1st, 2007, 01:11 PM

Originally Posted by Fryrice

To broaden the scope a bit.....it baffles me how in this situation you have an illegal immigrant going through our court systems in a attempt (successful btw) to win monetary awards and compensation and he has not been arrested,deported or forced to return the compensation.

But yet and American family is being forced to pay the price for his illegal actions by having their family dog and protector killed.

Its our judicial process run amok.

i agree

Garhfer · December 1st, 2007, 01:12 PM

Originally Posted by Regency 2007

Put the illegal down instead of the dog

+1 that is some bullshit how the hell are you gonna win money in court in a country you don't even belong to? wtf kind of judges do we have in this god damn country man... wtf that immigrant should've been sent back to mexico or whatever the fuck with his wounds not cared for from the dog attack...

wtf was he even touching the wife for?

tsp_2177 · December 1st, 2007, 01:15 PM

Originally Posted by Garhfer

+1 that is some bullshit how the hell are you gonna win money in court in a country you don't even belong to? wtf kind of judges do we have in this god damn country man... wtf that immigrant should've been sent back to mexico or whatever the fuck with his wounds not cared for from the dog attack...

wtf was he even touching the wife for?

something about running from the dog or something and in the process knocked her down... i would have beat his little illegal ass if he woulda done that and still tried to sue me...

catchtheroadrunner · December 1st, 2007, 01:41 PM

wtf...you present that infuriating article and then want a constructive discussion while we sip brandy. You're fucking crazy.

catchtheroadrunner · December 1st, 2007, 01:42 PM

Originally Posted by Regency 2007

yeah I think if an illegal messed with my wife I would empty a whole clip of .45 in his head

I think you should drive by the local lumber yard a practice a bit.

Avaric3 · December 1st, 2007, 01:49 PM

Originally Posted by Fryrice

To broaden the scope a bit.....it baffles me how in this situation you have an illegal immigrant going through our court systems in a attempt (successful btw) to win monetary awards and compensation and he has not been arrested,deported or forced to return the compensation.

But yet and American family is being forced to pay the price for his illegal actions by having their family dog and protector killed.

Its our judicial process run amok.

ya seriously WTF???

December 1st, 2007, 12:39 PM	#1
Fryrice Hardcore Enthusiast Join Date: Oct 2006 Location: VA Posts: 2,034 iTrader: 0 reviews	Illegal immigrant awarded $250k for dog attack Video------> Yahoo! Please make this a constructive discussion. No direct slurs or attacks on each other. Dog's fate devastates family Judge orders shepherd destroyed after vicious attack Thursday, November 08, 2007 BY LINDA STEIN PRINCETON TOWNSHIP -- A family whose beloved German shepherd faces death for having led a dog attack on a landscaper is devastated by the news but vows to continue to fight to save him. "He needs to come home," said Guy James, the Princeton homeowner who managed to call his dogs off the landscaper, but only after the worker was severely mauled in the June 5 attack. "He's innocent. He did nothing more than protect my wife. He never bit anyone until she was grabbed and pulled to the ground," James said. Congo has been ruled vicious by a municipal judge and ordered put down. "As a family, it's destroyed our way of living," said James, 46. "We're just consumed with the whole thing." The landscaper, Giovanni Rivera, has won a $250,000 insurance settlement as a result of serious injuries he sustained in the attack, which occurred when he and others disobeyed instructions from James not to get out of their car until Congo and several other dogs on the property could be sequestered for safety. Rivera, a Trenton man, was on the 10-acre, fenced property on Stuart Road to do yard work. The landscaping crew had arrived before 7 a.m., about an hour before they were expected. James, who was about to take a shower, called out a window to them in Spanish, telling them to get back in their car and wait because the dogs were in the backyard being fed. While the dogs, two 2 1/2-year-old German shepherds and their four 6-month-old puppies, had not had problems with people on the property before, James said in an interview that he didn't want them to interfere with the workers. Also, he wanted the workers to wait until he was dressed so that he could tell them what to do, he said. Instead, Rivera and another worker got out of the car after a few minutes and the dogs began to bark. That worker began to hit the dogs with a metal rake and Elizabeth James, Guy James' wife, yelled for him to stop. Meanwhile, Rivera, who was afraid of the dogs, grabbed her from behind and pulled her to the ground, causing her to scream. At that point Congo began to bite and scratch Rivera and some of the puppies joined in. "The whole thing was pretty terrifying," Elizabeth James said. "You can't imagine. I was scared. It happened extremely fast. I didn't have time to think." Meanwhile, her 8-year-old son, Ben, ran into the house to get his father. Moments later, Guy James hurried out and called off the dogs. Rivera, who was treated for bites at a local hospital, settled with the couple's insurance carrier for the $250,000, Guy James said. Rivera's lawyer (what a joke), Kevin Riechelson, said his client has scars from the dog bites and scratches that may be permanent on his arms, legs and torso. Rivera still suffers from numbness in his leg but is able to walk. "He had a really deep wound on his right thigh," Riechelson said. "Luckily, his face wasn't touched." In addition to the $250,000 settlement, the Jameses' insurer agreed to pay medical bills and worker's compensation claims for Rivera, Riechelson said. The Jameses' children, especially Ben who witnessed the attack, have been "crying nonstop," Elizabeth James said. "They've been on an emotional rollercoaster." Their dog has been placed in a shelter while the court process plays out. Hannah James, 11, wrote a letter to Judge Russell Annich Jr. saying in part, "I am so upset seeing my dog locked up in jail for doing his job. When my friends are over they play with and around Congo and have no problems. I want you to know that this is coming from my heart and I mean it with all my heart and soul. Actually, my broken heart. We will never ever forget this for the rest of our lives. You have made the wrong decision in my eyes." And Congo, who is being held at Save a Friend of Homeless Animals, is depressed and anxious, Guy James said. He now has to be hand-fed or he will not eat. Meanwhile, James' lawyer, Robert Lytle, argued at a hearing in Municipal Court that the attack had been provoked and under New Jersey law, the dogs had a right to protect themselves and their owner. But some, including municipal prosecutor Kim Otis, argue that the Jameses should have had control over the dogs and were negligent. Indeed, Judge Annich found that "the prevailing circumstances did not constitute provocation and that the attack upon Mr. Rivera, initiated by Congo and subsequently by the other dogs present, continuing unabated for three minutes, was a response grossly disproportionate to the prevailing situation." Guy James pointed to testimony from dog behavior expert and University of Pennsylvania professor Ilana Reisner, who said that in her professional opinion James' dogs were "clearly provoked." "Based on these threats (unfamiliar individuals, perceived threatening position, the attack on the puppies with a metal rake, grabbing the owner from behind and pulling to the ground) the dogs were compelled to defend themselves and their owner," Reisner wrote. "I am so sorry for what happened but it was not out of viciousness," Guy James said. "This was a provoked attack and any dog would protect its owner in the same manner. I can't imagine that any dog -- who was beat with a rake, hard enough to cause bloody gashes, and then had its owner grabbed from behind -- would walk away without action." Guy James also garnered statements from several people who had been on his property and attested to the dogs' friendly behavior, including John Pettenati, the township building inspector. In fact Pettenati nicknamed them "the happy dogs" because they were so pleasant. Guy James said that while he and his family were waiting for their house to be finished they lived for several months at a hotel. During that time Congo and his mate, Lucia, interacted with maids and others and never caused a problem, he said. James also sent Congo and Lucia to the American Dog School in Denver for obedience training. James stressed that the dogs were trained for obedience, not as guard dogs. The four puppies are currently at that school, he said. Five of their siblings were adopted and one of those dogs is being trained to be a police dog in Pennsylvania, Guy James said. Meanwhile, an article in The Times and reports in other media outlets have spurred the public into action on Congo's behalf. Kat McAfee of the Coalition for Action in the Interests of Animals has organized the Coalition to Free Congo. She expects hundreds to come to a rally Tuesday at 10 a.m. at the municipal building at 400 Witherspoon St. in Princeton. McAfee said they hope to save Congo's life by "bringing pressure on the powers that be." Annich is expected to place his ruling on the record Tuesday afternoon. For his part, Guy James said he has received thousands of letters and e-mails and thanked those who have offered their support. "Congo is a fantastic family pet who is loved by everyone we know and many we don't," James said. "We will not let this rest for the sake of all dogs and their owners, and most of all, our family and Congo." Guy James plans to appeal Annich's ruling to Superior Court. "We will fight with all our love and support from friends and strangers until he is back with us," he said. __________________ Fryrice has left the building. Last edited by Fryrice; December 1st, 2007 at 12:46 PM.

December 1st, 2007, 12:42 PM	#2
TurboLX I Post Entirely Way Too Much 1988 Mustang LX Turbo Join Date: Oct 2006 Location: NY Posts: 8,778 Blog Entries: 1 iTrader: 0 reviews	I thought dogs were allowed one free bite? __________________ 1988 LX Coupe 2.5L, GT35R, 44mm WG, 32psi, C16.

December 1st, 2007, 12:44 PM	#3
TurboLX I Post Entirely Way Too Much 1988 Mustang LX Turbo Join Date: Oct 2006 Location: NY Posts: 8,778 Blog Entries: 1 iTrader: 0 reviews	Free Congo!!!!!!!!!!! __________________ 1988 LX Coupe 2.5L, GT35R, 44mm WG, 32psi, C16.

December 1st, 2007, 12:54 PM	#6
Fryrice Hardcore Enthusiast Join Date: Oct 2006 Location: VA Posts: 2,034 iTrader: 0 reviews	To broaden the scope a bit.....it baffles me how in this situation you have an illegal immigrant going through our court systems in a attempt (successful btw) to win monetary awards and compensation and he has not been arrested,deported or forced to return the compensation. But yet and American family is being forced to pay the price for his illegal actions by having their family dog and protector killed. Its our judicial process run amok. __________________ Fryrice has left the building.

December 1st, 2007, 12:56 PM	#8
tsp_2177 Hardcore Enthusiast 2005 Civic GAY! Join Date: Mar 2007 Location: Alabama Posts: 1,868 iTrader: 0 reviews	yeah if he's illegal shouldnt he have just been deported right then? __________________ slow car member twinky times two the stangs gone pypes mid muffler catback with their X-pipe In the top 20 cool peoples list on MM potsticker in training

December 1st, 2007, 12:54 PM	#5
Regency 2007 Hardcore Enthusiast F-150 FX4 Join Date: May 2007 Location: Memphrica Posts: 1,144 iTrader: 0 reviews

December 1st, 2007, 12:57 PM	#9
ChrisJ RLY SRS Join Date: Aug 2005 Location: Ft. Meade, MD Posts: 38,220 Blog Entries: 4 iTrader: 10 reviews	I think this is total bull$hit... If your not legal to be here then you dont get $hit... Plain and simple... GTFO __________________ 2008 Acura TL Type-S - 2008 EB Ford Expedition - 2002 Boosted GT - Sold Facebook Google+

December 1st, 2007, 12:59 PM	#11
BWAL MSTRB8N & MDR8N 2021 Mustang V15 Quad Turbo with nawz Join Date: Nov 2006 Location: On The Shaft Posts: 19,662 Blog Entries: 2 iTrader: 4 reviews	well i can safely assume that everybody here knows my thoughts on this. with that being said, i think it would be pointless for me to respond here. __________________ MM 1 am boner crew Cars and mod list in garage i like veiny meat sliding between my buttcheeks

December 1st, 2007, 01:00 PM	#12
Regency 2007 Hardcore Enthusiast F-150 FX4 Join Date: May 2007 Location: Memphrica Posts: 1,144 iTrader: 0 reviews	Put the illegal down instead of the dog

December 1st, 2007, 01:01 PM	#13
tsp_2177 Hardcore Enthusiast 2005 Civic GAY! Join Date: Mar 2007 Location: Alabama Posts: 1,868 iTrader: 0 reviews	yeah thier making it seem like its the wife's fault for screaming that illegal should be glad he's not dead if one was to ever touch my wife one day... __________________ slow car member twinky times two the stangs gone pypes mid muffler catback with their X-pipe In the top 20 cool peoples list on MM potsticker in training

December 1st, 2007, 01:05 PM	#14
Regency 2007 Hardcore Enthusiast F-150 FX4 Join Date: May 2007 Location: Memphrica Posts: 1,144 iTrader: 0 reviews	yeah I think if an illegal messed with my wife I would empty a whole clip of .45 in his head

December 1st, 2007, 01:41 PM	#18
catchtheroadrunner Enthusiast Join Date: Jan 2007 Posts: 764 iTrader: 0 reviews	wtf...you present that infuriating article and then want a constructive discussion while we sip brandy. You're fucking crazy.

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FARK.com: (4754637) Bad: You and an intruder get into a fight & you break your hand on his face. Worse: The police sic a K9 on the intruder. Fark: They sic the K9 on the wrong person, despite warnings from a neighbor	This thread	Refback	November 8th, 2009 12:43 PM
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