Itchmo: News For Dogs & Cats

December 19, 2007

Death Row Dog Allowed To Go Home

Filed under: Dogs, New York, News for Cats, Dogs & Owners — Emily Huh @ 8:00 am

Duke

Duke, a six-year-old pit bull terrier, has been on doggie death row at an animal shelter in New York for the past four years. After allegedly mauling a neighbor’s dog in December 2003, a judge ruled that Duke was dangerous and that he should be put down.

A court decided that Duke should be destroyed for his attack on the other dog because of a law that took effect on January 1, 2004, which made dog-on-dog attacks subject to serious punishment.

Duke’s owners, Chanse and Denise Menendez, appealed the decision and their attorney said that state law did not allow euthanization in dog-on-dog attacks at the time of the incident in 2003.

A Brooklyn Appellate Court overturned the lower court decision to put down Duke because the incident happened before the 2004 law went into effect. The appellate judges resentenced Duke to “permanent, secure confinement” at his home. His owners said that Duke will be confined to an indoor crate and an outdoor pen.

Menendez said that she is so overjoyed that Duke is finally coming home and can’t wait to see the look on her children’s faces and said that Duke will be the king of the castle.

Source: Newsday

Photo: New York Times

5 Responses to “Death Row Dog Allowed To Go Home”

  1. catmom5 says:

    I’m glad that Duke will be spared, but he should not be the “king of the castle”! Hope that his owners will get some training in how to live safely with a bully breed. He’s a cutie!!

  2. Lynn says:

    Four years - heartbreaking. It doesn’t speak well of our judicial system that resolution took this long. Still, I am happy for Duke. And like catmom5, I hope there are plans for solid training.

  3. KAEfamily says:

    “King of the castle”!!! Who is running the house hold full of children?

  4. Dee says:

    I can’t imagine doing without my pit baby for 4 years. I’m so sorry that they had to endure that. He deserves to be loved and treated well. Great story!!

  5. Tanya says:

    I’m surprised none of you are supporting teh owners of the dog WHO WAS MAULED by this pitbull.

    According to non-Itchmo sources (did a google under Duke, mendeze and new york), the other dog had to be put down due to injuries.

    why does a dog who kills another dog get to live? is that justice? Also, Motta (the dead dog’s owner) said this pitbull chased his horses and even sometimes his children.

    seems like Duke was turned into a dangerous dog by being raised by idiots of parents.

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