Dead Dog Blues
I'm really not trying to bait the Dogs Deserve Better people with this story. As it says in the article, it probably wasn't a good idea for Mr. Alan Weisenberg to tie out his pet Chihuahua to a tree for a few hours while he went to work, even if it was a nice day and she didn't want to go indoors. I also think it's a problematic idea to tie out toy dogs in general. They aren't large working dogs, such as sled dogs, or hunting dogs who can have a reason for being tied out. I accept that Mr. Weisenberg was trying to do something kind for his old dog, but it probably wasn't a good idea.
The reason I'm posting this story is because of what happened after Mr. Weisenberg tied out his little Bambi, who was 18 or 19 years old. That's when someone called animal control and Bambi, who was asleep under the tree, was mistaken for dead. Animal control confiscated Bambi, even though Mr. Weisenberg explained the situation to them. They even tried to coerce Mr. Weisenberg into having Bambi put to sleep, saying they would drop the charges — of animal cruelty! — if he did so. Mr. Weisenberg refused to agree to have Bambi put to sleep and poor Bambi spent the next few weeks in kennel situations at various vets working with animal control. She was finally returned to Mr. Weisenberg and died a few days later. Mr. Weisenberg says she was a "skeleton" when she was returned to him. I don't think there's much doubt that her experience in these kennel situations must have hastened her death — when she should have been home with her owner, who obviously loved her and cared for her for over 18 years.
Now Mr. Weisenberg faces a court date on charges of "animal cruelty" and could go to jail for up to a year. Unbelievable. Who makes these laws? Or, maybe more importantly, who is enforcing them? Because this sounds like an animal control officer completely out of control. Animal control can't force you to euthanize your pet. Couldn't this animal control officer have given Mr. Weisenberg a warning? For goodness' sake, why did they confiscate an 18-19 year old dog, knowing full well that living in kennel conditions would probably kill her? Was that the idea? Did they expect a vet working with animal control to say that the dog should be put to sleep?
Something is definitely wrong here when things like this can happen — little Bambi is dead because of the actions of animal control — and the owner is considered the offender. Bambi was an old dog, yes, but she should not have had to spend some of her last weeks in kennels, away from her owner.
From the Hartford Advocate.
Dead Dog Blues
Alan Weisenberg's old pet Chihuahua was confiscated by Animal Control, and later died. He is now being charged with cruelty to animals for letting it live so long.
By Jennifer Abel
Alan Weisenberg.
Picture a female named Bambi, age 18 or 19 years old. But before investing too much energy in the wrong image, you should know that Bambi is a dog. A Chihuahua, in fact, equivalent to a centenarian in human terms.
So the fact that she died last month really isn't any surprise, but the fact that her owner's facing jail time maybe is.
It's an odd tale. On one side there's Alan Weisenberg, a 58-year-old West Hartford man who is by most accounts a responsible dog owner. Then there's Karen Jones, a town Animal Control officer who is by most accounts a responsible dog warden.
Until Sept. 17, the day Weisenberg says she threatened to arrest him on animal cruelty charges if he didn't have Bambi euthanized.
The dog died in her sleep on Oct. 5, and two weeks later Weisenberg went to the police to turn himself in after learning of an Oct. 16 arrest warrant in his name. Now he's waiting for his Dec. 11 court date, where he faces up to a year in jail.
"[Jones] said, 'when dogs get old … we should put them down.'" Weisenberg recalled in an interview with the Advocate. "I said, 'Who are you to tell me to put my dog down? If she's dying, she can die at home with her family."
By all accounts the dog was in poor health. "[Bambi's] left leg had arthritis," Weisenberg said. "I used to carry her outside, she liked the warm weather … I guess it made her arthritis feel better."
Weisenberg knew his old dog didn't have long to live. "I've had her since she was a pup … I didn't want to put her down. If she was showing she was in pain, crying or something, then I would've said 'All right.' But she didn't."
The incident happened on a warm day on Sept. 17. Usually, when Weisenberg went to work he brought his two large mongrel dogs with him and left Bambi in the house. But that was a particularly nice day, and Bambi wanted to stay outside. And so: "Never done this before, but I had a cord about 15 feet long, and tied her to a tree outside while I went to work for five or six hours. Someone — they never said who — called [town officials] to say they thought the dog was dead."
An elderly, arthritic dog sprawled on a sunny sidewalk might well be mistaken for a dead one.
So far this sounds, at most, like a routine misunderstanding. Weisenberg didn't know Bambi had become a law-enforcement issue until he left work, "got home, and saw a cop and the dog warden."
Bambi was already in the Animal Control truck when he got home, Weisenberg said, so he couldn't simply carry her back inside. Weisenberg says Jones wanted the dog euthanized almost from the start. "She said if you let me put the dog down, I won't charge you with anything."
Weisenberg's roommate Rick Bouchard said he was there and confirms Weisenberg's account of the conversation between the dog owner and the animal control official. "She was threatening to arrest [Weisenberg] and fine him if he didn't release the dog to her," he said.
Weisenberg refused. Animal Control took Bambi to Avon's Farmington Valley Veterinary Hospital, where she stayed for 10 days until Weisenberg's attorney Fred Boland sent police a letter demanding the dog's return.
On Sept. 27 another animal control officer took Bambi to Newington's Fox Clinic, a low-cost facility run by the Humane Society. After being checked by a vet, the dog was released back into Weisenberg's custody.
"She was always thin," Weisenberg said, "but they gave me back a skeleton … they put her in a kennel somewhere where she was scared to death, probably a cubicle with a hard cement floor … she was so happy to see me."
Bambi died in her sleep Oct. 5. Weisenberg mourned his dog and figured the matter over. But police were preparing an arrest warrant, completed and dated Oct. 16. Bouchard was the first to learn of its existence.
"I was emptying the garbage about nine, 9:30 at night, and then four cops with flashlights came up — I think it was three police and the animal investigator there — they asked me if I was Alan. I told them no … I imagine they knew I wasn't Alan; they did not ask for ID." Weisenberg turned himself in the next day.
This is the part of the story where police are supposed to give their version of events. But with Weisenberg's court appearance pending, neither Officer Jones nor Chief of Police James Strilacci can speak to the press. They did return our calls long enough to say they couldn't say anything, and Jones added "I'd be more than happy to help you out after the case is taken care of … and help you write a good story."
Their version of events can be found in the arrest warrant affidavit, which Boland gave us as soon as he got a copy (two days after we first spoke to Weisenberg). It describes a dog suffering not from old age, but neglectful ownership.
Weisenberg and Boland both say events were twisted just out of focus of the truth.
For one example, the warrant says that Jones felt the dog needed emergency care, but "Weisenberg insisted the dog was fine, just old and that he did not have the funding to pay for her care and might soon be losing his used car business."
Boland and Weisenberg's version of the encounter is that Weisenberg wanted to take Bambi to his own vet rather than the one recommended by Jones because "business has been slow and the Fox Clinic is cheaper."
Parts of the affidavit read a bit ambiguously: one section notes that Bambi was tied to the tree by a 20 foot rope, and later says ,"A bowl of water was visible but at least 15 feet away from where the dog lay collapsed," implying that it was out of Bambi's reach. The report also says the dog lacked shelter.
It's true there's no doghouse in Weisenberg's front yard, but there is a crabapple tree whose sprawling branches provide shade (at least in September; by late November the tree's a largely leafless skeleton). A 15- or 20-foot rope tied to the trunk would be just long enough to let the dog escape the shade and sun herself at sidewalk's edge.
The police report says the Farmington Valley Veterinary Hospital recommended euthanizing Bambi when she arrived on Sept. 17.
But a "to whom it may concern" letter from the Fox Clinic, dated Oct. 31 and referencing the Sept. 27 visit, made no such suggestion; it says Bambi showed no signs of physical abuse or cruelty, but that Weisenberg was advised to "eliminate outside tethering for extended periods of time because of age and health issues." So keeping Bambi outside on Sept. 17 was probably a bad idea (though whether it rises to the level of criminal animal cruelty is another matter).
The state Animal Control Division is a branch of the Department of Agriculture. We called to ask under what circumstances a dog owner could be legally compelled to put his pet down, and were surprised to learn the answer is "none." If a dog is violent the state can confiscate and destroy it, but the owner's not obliged to do so. Therefore, if Jones tried forcing Weisenberg to euthanize the dog, she far overstepped her authority as an Animal Control officer.
But the man who answered the phone at Animal Control seemed very surprised to hear who we were talking about. "That sounds out of character for [Jones]," he said.
Write to us at editor@hartfordadvocate.com or
jabel@hartfordadvocate.com
November 24th, 2007 at 9:00 am
This was really one pathetic mixup. The one who suffered here was Bambi the dog. Even if Mr.Weisensburg showed poor judgement in leaving his dog tied to a tree,leaving her alone, it dosen't sound as if he had any intent other than to allow his old dog the ease of sunshine on her body. He may have needed someone to correct his caregiving skills for the dog, but to take the old critter away from the one who raised her from a pup? Now he's facing jail time? I hope the judge he faces will have the compassion that should have been shown to this man and his animal at the very beginning.
May 18th, 2008 at 8:33 am
I find it puzzling that the details of the warrant are not also posted with this article.
http://www.pet-abuse.com/cases/12760/CT/US/
References
State of CT Superior Court
Details of warrant:
On 9/17/07 a pedestrian reported to Police of a possible dead dog on a sidewalk. Police responded and called for Animal Control for assistance. A small Chihuahua type dog was found lying on it's side, motionless. The dog was extremely thin with it's ribs, hip, and spinal bones protruding. The dog was tied to a tree with an approximate 20 ft rope. There was no shelter provided for the dog. A bowl of water was visible but at least 15 feet from the collapsed dog. The dog was not able to stand and in need of immediate medical attention. No one was home at the time.
The owner, Alan Weisenberg, returned home, at approximately 6:45 p.m., before the dog was transported to a vet. He claimed that he was unaware of any medical problem with his dog and stated that his dog, "Bambi", was just old, approx. 19 yrs of age, and had always been thin. He stated that he tied his dog out because it had arthritis, and an injury to her leg and therefore could not use the stairs. He said that he chose the front yard for his elderly dog because he had problems with coyotes in the rear yard. According to A. Weisenberg, the dog had been left outside since 11 AM.
The owner could not provide any veterinary records to explain his dog's current condition. He admitted that he had not seen a vet for his dog's leg injury. It was confirmed that the only medical history found for Bambi was a rabies vaccination.
When it was explained to A. Weisenberg of the immediate need for medical care, he was uncooperative and refused to take her to a veterinarian. Because of his refusal to accept responsibility of his own dog and the critical nature of her health, the dog was taken into custody of Animal Control.
Veterinarians diagnosed Bambi as non-ambulatory (unable to walk) with severe muscle atrophy (muscle loss). She was rated between a 1.5 and 2 on the Veterinary Body System with a rating between 1-9. A rating of 1 as being the worst case of canine emaciation. Bambi was dehydrated and found to have severe periodontal disease. Her mouth was noted as most of her teeth missing with severe infection from tartar, gingivitis, and multiple abscesses. Bambi also had pus in her nasal and eye discharge. When offered wet, canned food, it was noted that she was "eating ravenously".
It was also found that Bambi had a Grade II bilateral medial patellar luxation ( a knee popped out of place).
When A. Weisenberg was informed of his dog's poor condition, he insisted that she was fine, just old and that he did not have the funding to pay for her care and might soon be losing his used car business. He stated that he always left food out for all of his dogs by means of dry kibble in a community type feeder. He stated that he was doing his dog a favor by leaving his dog outside but also admitted his frustration at her defecating and urinating in the house.
Bambi was sent to a second veterinarian with the same diagnosis of being unable to stand or walk, loss of muscle and a score of 1.5 on the Body scale System. She was reported between 4-6% dehydrated. Although veterinarians agreed that there might be other underlying conditions, they stated that it was clear that Bambi was in need of veterinary care for some time. "Without further diagnostic work up, as well as, medical and surgical intervention, the issue of "The Quality of Life" becomes a factor." Veterinarians stated that she seems to have a poor quality of life and if treatment is not pursued, then he would recommend that Bambi be humanely euthanized.
When these findings were discussed with A. Weisenberg, he refused to acknowledge Bambi's serious condition and insisted that the care of his dog had been satisfactory. He made it clear that he did not intend to invest any money in caring for his elderly dog.
On 9/27/07, A. Weisenberg agreed to take Bambi to a veterinarian of his choice for follow-up care and the dog was released back into his custody. He was instructed that Bambi was extremely feeble and would need to be carried and could not walk herself. He was given an estimate for follow up care and was suppose to contact his veterinarian to make arrangements. He never did so.
Alan Weisenberg knew, at the least, that his elderly dog of 19 yrs of age was unable to walk properly, had a known leg injury, was incontinent, and due to the strong foul smell, his dog was suffering from some type of infection. Bambi's eyes were noticeably encrusted with puss as well as having a pussy nasal type discharge. Although Mr. Weisenberg sticks to his claims that his dog had always been thin, Bambi's obvious protruding bones were enough for veterinarians to deem her emaciated. At no time did Mr. Weisenberg seek veterinary medical attention for his dog nor answers for her numerous conditions.
Although Mr. Weisenberg insists that he always left out food and water for Bambi, he offered dry kibble in a large feeder and was unable to monitor her individual feeding habits. Because of Bambi's severe dental disease of tartar and abscesses, it is likely that dry kibble was too painful to eat.
He admitted to having to carry his dog because of her inability to walk. Knowing her injuries, her elderly age and the fact that he had known coyotes in his yard, A. Weisenberg claims it was in the best interest to tie her out to a tree for a period of 8 hours with no shelter or supervision. Because of her inability to walk or stand, the water left for her was inaccessible.
When given the opportunity to take his dog for obvious needed veterinary care, he refused to do so. He refused to do so on 9/17/07 when Bambi was found in a collapsed state and also when he agreed to do so when she was released back into his care.
After the warrant was approved by both a States Attorney and a Judge, Alan Weisenberg was arrested. His next Court Appearance is Dec 11, 2007.
May 29th, 2008 at 9:11 pm
I dont even know where to start. I think "animal control" is stupied especially in this situation!!!!!!!! OMG!! I think Alan deserved to spend the rest of that precious time with HIS DOG that he had raised from a baby!!! Obviously if the dog lived that LONG he was taking VERY good care of chihuahua. This kind of injustice to this man was not right and he should sue "ANIMAL CONTROL" for what they did. Mr. Weisenberg i hope everything goes well for you! I wish you the best! And people should mind their OWN business.