Dexter, a 5-year-old Australian shepherd ordered euthanized after allegedly biting a girl in Santaquin, has gotten a reprieve.
The dog’s owner, Lindsy Bray, was convicted in January in Santaquin Justice Court of two misdemeanors and two infractions after the dog allegedly attacked a 12-year-old girl in October 2016. One of the misdemeanors, the dog-attack charge, carries a requirement that the offending animal be euthanized.
Bray appealed to the 4th District Court and on Thursday finalized an agreement with Santaquin that dropped the dog-attack charge. In exchange, she pleaded guilty to the other misdemeanor (not having current rabies shots for the dog) and the infractions.
Bray, who was fined $143.85 by 4th District Judge Jared Eldridge, said she is relieved that the “nightmare is over.”
“We’re super excited to have it done and over with,” Bray said, adding that her family has moved out of the city.
Bray said in a court document that although her family left the dog confined in the backyard on the day of the attack, ”an unknown person” opened the gate, allowing Dexter to leave and come in contact with the girl.
A police report said the pet did not “break any skin,” but the city’s ordinance says it is unlawful for a dog owner to allow the animal “to bite, claw, attack, chase, harass” or intimidate a person.
In the appeal, defense attorney Craig Cook, who is president of the Humane Society of Utah, filed a motion asking that the case be dismissed because the ordinance violates the state and federal constitutions .
The definitions for finding guilt are vague, he argued, and the ordinance provides no meaningful defense for a dog owner. He noted that a finding of guilt results in automatic euthanasia regardless of the circumstances of an attack. The agreement was struck before the judge ruled on the motion.
According to a Humane Society news release, Dexter was poisoned in Bray’s backyard on Nov. 1 but recovered. The organization has offered a reward of $5,000 for information leading to the arrest and conviction of the person responsible.
Anyone with a tip on the case can call the Santaquin Police Department at 801-754-1070 or John Fox, Humane Society of Utah chief investigator, at 801-261-2919, extension 210.
