Dog that bit part of child's ear off in June attack at Bradenton vet's office considered for euthanasia

MANATEE -- A male lab mix could be euthanized after he bit one-third of a 4-year-old child's ear off in June.

After a hearing last week, which was held at the request of the dog's owner, Padi's fate will be determined by a hearing officer, who has until the end of July to issue an opinion as to whether the facts of what happened fit the Florida Dangerous Dog Law.

On June 4, the child was visiting Pet Clinic, 714 60th St. Ct. E, Bradenton, when the veterinary clinic owner's dog Padi bit the child's left ear, according to the incident report. The child was with his babysitter when he was bitten.

According to an activity card in the case, the babysitter said the child "was throwing the dogs toys and the dog was grabbing the toys and going back under a desk. At some point, the child went under the desk and lunged at the dog."

According to the affidavit from the child's mother, who was not present at time of incident, it was her understanding that the child was "leaning over to pick up a toy and the dog came from some distance across the room and attacked him."

Manatee County Animal Services took the dog into custody for a Dangerous Dog Investigation because of the severity of the attack.

"It should be noted that while inside the dog was friendly and not aggressive," according to the incident report from the Manatee County Sheriff's Office, which responded to the call.

The investigation found that "there is sufficient cause of Dangerous Dog Destruction as defined by Florida Statute 767.13(2)," according to a letter sent to Padi's owner Paul Gartenberg on June 18 from Manatee County Animal Services Enforcement Supervisor Joel Richmond.

The statute states that the dog involved in a dangerous attack that causes severe injury should be immediately confiscated by an "animal control authority" and "destroyed in an expeditious and humane manner."

According to the statute, severe injury is defined as "any physical injury that results in broken bones, multiple bites or disfiguring lacerations requiring sutures or reconstructive surgery."

The 4-year-old victim required emergency medical treatment at Lakewood Ranch Medical Center and will receive further reconstructive surgery at a later date. At the scene, there were "no signs of the missing portion of the child's ear," according to the incident report.

The investigation into Padi comes more than a year after two dogs, Buck and Bill, were put down for biting a 13-year-old boy three times. The two Australian shepherds were seized by Manatee County Animal Services shortly after the attack on Dec. 24, 2012.

Gartenberg, who was in an exam room at the time of the incident, has had Padi for two years, according to the incident report.

"He has never done anything like this before," Gartenberg said. "He was picked up as a stray that was tied to a tree. I rescued him and brought him back to good health. We eventually decided to keep him."

In an email sent to county commissioners Friday, chief assistant Manatee County Attorney Robert Eschenfelder said at the hearing, "it was the county's legal burden to prove that the dog caused disfiguring lacerations requiring sutures or reconstructive surgery to the child victim."

"The statute does not contain any exceptions for the dog being otherwise a 'nice' dog or having never bitten anyone ever before," Eschenfelder said in the email. "While the county did not contend in this case that the owner had any foreknowledge that this event would occur, and of course is sympathetic to the owner's feelings at the potential loss of a pet, unless and until the Legislature changes the mandatory language of 767.13(2), the Animal Services Division will, in any case, involving serious injury or death to a human, be compelled to enforce the statute."

Claire Aronson, Manatee County reporter, can be reached at 941-745-7024 or at caronson@bradenton.com. Follow her on Twitter @Claire_Aronson.

This story was originally published July 21, 2015 at 12:00 AM with the headline "Dog that bit part of child's ear off in June attack at Bradenton vet's office considered for euthanasia."