[nagdu] Man sentenced to probation, restitution for dog attack in Rochester, MN

[Tami Kinney]

OMG! How awful. But it is really great to hear a report on the
consequences and the punishment of the human responsible that also
points out the criminal aspects of his failure to control the dog under
his care. Good grief! So at least there was a mentary restitution for
the cost to the handler for a new dog, but... Well, there's not enough
money in the world to pay restitution for having one's service dog
attacked and killed right there beside your wheelchair. Still, Some
damage award for that would at least give a feeling that there might be
some justice somewhere, I would think. And maybe get the point across to
others that just standing around letting your dog maul a service dog
(especially a poodle!) might turn out badly for you. Grr! Argh!

Sounds like the $10k restitution is going to be matter of blood from a
turnip. But perhaps the report itself will give others cause to think
before choosing to be irresponsible when they have a large dog out in
public. Sigh.

Tami

On Wed, 2011-07-13 at 17:04 -0400, Ginger Kutsch wrote:
> Man sentenced to probation, restitution for dog attack in Rochester, MN
> 
> Jul 12, 2011, 
> 
> By Matt Russell
> 
> The Post-Bulletin, Rochester MN
> 
>  
> 
> URL: http://www.postbulletin.com/news/stories/display.php?id=1460176
> 
>  
> 
> The man found guilty of being responsible for a Siberian husky that attacked
> and killed a service dog in April has been sentenced in Olmsted County
> District Court to one year probation, and to pay more than $10,000 in
> restitution.
> 
>  
> 
> Richard Ray Derr, 55, is not the owner of the dog that attacked the poodle,
> but was with it at the time of the incident. Derr was convicted on July 6 of
> bodily harm caused to a service animal by a dog, a misdemeanor. 
> 
>  
> 
> According to police reports, Derr was with the husky outside the Salvation
> Army in downtown Rochester on April 4 when the dog grabbed the poodle from
> the mobility scooter of a woman passing by.
> 
>  
> 
> The husky shook the poodle violently as Derr stood by, the report alleges.
> The poodle, named Tinkerbelle, died after being taken to an emergency
> veterinary clinic.
> 
>  
> 
> The husky, named Hannah, was declared dangerous by police after the
> incident. The dog was later euthanized, according to Sgt. Rob Miller.
> 
>  
> 
> Judge Robert Birnbaum ordered Derr to pay $10,625 in restitution.
> 
>  
> 
> Derr requested a separate hearing to challenge the restitution amount, to
> verify the out-of-pocket amount paid by the victim for a new service dog,
> and to seek an order setting restitution payments at $5 a month, which his
> public defender said is commensurate with his income.
> 
>  
> 
> The restitution hearing is scheduled for Aug. 8.
> 
>  
> 
> Birnbaum dismissed the other charge filed against Derr - great or
> substantial bodily harm caused by a dog.
> 
>  
> 
> 
> 
> 
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