Judge rules 4 pitbulls vicious
Fate of canines that attacked teen now in hands of the city
Four pitbulls that attacked a teen in Downtown Auburn were declared “vicious” by a Placer County Judge Thursday. The ruling comes about a month-and-a-half after the dogs attacked and severely injured 17-year-old Joseph “JoJo” Kerschner in a parking lot off Lincoln Way in Downtown Auburn. Thursday afternoon, Judge Joseph O’Flaherty issued a four-page decision that stated the four dogs were “vicious” and the animals’ fates are up to the City of Auburn. “The court is compelled to declare all of these dogs to be ‘vicious’ and the release of any or all of these four dogs would create a significant threat to the public health, safety and welfare,” O’Flaherty wrote in his statement of decision. O’Flaherty further declared that it would “create a significant threat” to public safety if the owner of the four dogs, Daniel Coverston, were allowed to own another dog. He stated that the court allowed the City of Auburn and/or Placer County to prohibit Coverston from “owning, possessing, controlling, or having custody of any dog for three years within those jurisdictions.” During the hearing, city attorney Matthew Crider and Auburn Police Capt. John Ruffcorn said the city believes the dogs should be euthanized based on the viciousness of the unprovoked attack. In a prepared statement, Police Chief Valerie Harris said the “directive to destroy the animals is necessary to ensure the highest degree of public safety within the Auburn community.” “The City of Auburn recognizes the outcome of this proceeding will no doubt be met with mixed emotion. We can all agree the injuries suffered by the victim deserve our empathy and express the highest appreciation for two courageous individuals that came to the aid of the teen,” Harris said Thursday. “The Auburn Police Department will work closely with the city attorney to determine all procedural requirements that must be met prior to the destruction of the animals as directed by the court.”
Pet owner response not enough, judge says Attorney Dean Starks represented Coverston during the hearing. Starks said Coverston is upset by the judge’s decision. “He’s really sad and upset,” Starks said. “He is remorseful for what the dogs did. He wishes he would’ve put other security measures in place that would’ve helped them from getting out.” Starks said he believes Coverston has an option to appeal the decision but said he does not know if the 27-year-old Auburn resident will make that request. Harris said the city is “mindful” of Coverston’s right to appeal but will defend its position if he does so. In O’Flaherty’s decision, the judge wrote that during Coverston’s testimony the owner “showed no detectable emotion or remorse.” “Mr. Coverston seemed ‘clueless’ as to the danger and damage he had ‘unleashed’ on the community,” O’Flaherty wrote. O’Flaherty continued to say that Coverston’s attempts to reinforce his backyard with extra, taller fencing were “woefully short of the mark.” “To securely house such powerful, aggressive animals there should be walls and fences of a big city zoo,” O’Flaherty wrote. However, Starks said it is a misconception that Coverston does not feel remorseful over what happened. The attorney said his client feels badly that Kerschner was injured but is glad the teen was “not hurt beyond repair.” Coverston declined to comment when contacted by the Journal.
Victim still thinks about attack Gabe Kerschner, JoJo’s father, said his son is physically well but has some “good scars” left over from the attack. The attack still weighs heavy on JoJo Kerschner’s mind, Gabe Kerschner said. “He talks about it a lot,” Gabe Kerschner said. Gabe Kerschner said his family does not have a “strong feeling” as to what should happen to the dogs as long as they can no longer harm anyone else. “The circumstances where the dogs were and how they were being housed was inappropriate,” Gabe Kerschner said Thursday. The Sept. 16 incident left the Weimar teen with more than 30 stitches and 20 puncture wounds in his body. On that September afternoon, the four dogs reportedly dug under a chain link fence surrounding Coverston’s backyard, which abuts the busy Downtown parking lot. The dogs then slowly approached JoJo Kerschner in what he described initially as a “friendly” manner. But when the teen took a step back, he said one dog lunged at him and bit and the others followed. JoJo Kerschner was knocked to the ground twice and tried to bat the dogs away. The dogs did not relent until two good Samaritans who witnessed the attack came to JoJo Kerschner’s rescue. O’Flaherty wrote in his decision that were it not for the help of two witnesses, JoJo Kerschner would have been the victim in a “horrible mauling death.” On Oct. 16, JoJo Kerschner testified in the hearing to determine whether the dogs were vicious. Starks said Coverston, who was out of state at the time of the incident, is still unsure how his dogs were allowed out of the house in the first place. “It’s sad the dogs have to be put down,” Starks said. Jenifer Gee can be reached at jeniferg@goldcountrymedia.com.
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It takes a judge to deem these dogs vicious? Yes we live in the politically correct society....sad.. I hope the city takes appropriate action....
auburnite: It's not being "politically correct" to follow the rule of law. Coverston had his day in court, evidence was presented, and a judge made a decision that most people will probably agree with. And you are complaining about that? Maybe you and Wildfire are in the mood for a little old-fashioned lynching.
Agreed...I think, but not entirely. Coverston, for sure, should not be allowed to have these or other animals. So perhaps, it's best to have them all euthanized since I doubt a responsible person will step up for these dogs now. There is no doubt however, that a responsible person could rehabilitate these dogs and make them useful pets. It is, unfortunately, a complete waste of these dogs lives. But, since there are so many dogs and relatively few responsible dog owners , I agree they should be euthanized. For no other whatsoever, I say put them down and move on. Move on means without further ridiculous, useless legislation and harassment.....no more laws, no more politicians. Get it Kevin?
jab1pc: I'm sure someone (maybe not "responsible") will offer to save the dogs. Martyrdom needs victims. The owner who CHOOSES pit bulls needs more of these headlines and tragedies to prove their loyalty in the face of society's disgust. They think it's romantic to have a love so strong that it rises above the need to conform for society's acceptance. A narcissistic, trailer trash version of Romeo and Juliet. Pit bull tragedies keep the controversy alive. And the controversy keeps the thrill alive. The thrill of the looks and attention they get when taking the dog in public. The valedictorian dating the gang member, Romeo and Juliet, driving a Humvee, smoking in a restaurant, having many babies...take your pick. The best example that comes to mind is Christianity. Demanding prayer at Lodi city hall. Hoping Jesus will notice their "love" for him in the face of adversity and issue a pass for the pearly gates. Pit owners appeal to the small segment of society who want sensitivity to be a higher priority than common sense. And whose dysfunctional definition of love is how they want to define themselves.
Just another irresonsible owner that hurts the breed. Funny that a judge that probably knows nothing about canine behavior decides the dogs are vicious. His over all lack of understanding is clearly stated in the statement that you would need the security of a city zoo to keep the dogs.. This is ridiculous. I own 3 pit bulls and keep them inside my house. I have a standard 6ft fence in the back yard and never have had problems restraining my dogs. I do have my dogs trained to stay and sit. Pit bulls are not a bad breed of dogs if they are trained and in the hands of a responsible owner. In this case I think the owner should be euthanized and the dogs rehomed.
gulliver, had these dogs attacked chickens, cattle, any livestock of any kind they would have been shot ..but attacking humans is different is my point....
Well this colossal waste of time and money has finally given credance to the fact that these 4 dogs are vicious. I am all for innocent until proven guilty and these dogs have been found out as such, so put them down! I am also glad that the judge did not place all of the blame on the dogs citing his strong remarks about the inept amd remorseless character of Daniel. I hope that Jojo's family takes that loser to the cleaners and he can never even think about owning a dog again, let alone the 3 years he is now lawfully anable to do so. Glad to see this story coming to an end, for now....
....I am sure Daniel is already plotting how he will get his hands on his next sencelessly vicious pets, and around this judges anti-dog ruling... I invision something along the lines of Goldy Locks (Daniel) and the 3 bears!!!!!!!!!
Give the dogs to the Dog Whisperer. Give Coverston to Dr. Phil.
Nicklbag... you think to much... they are a dog and that is about it. If you want to comment about pit bulls and dogs know something about dogs. Like Animal, dog and then pit bull. Most peole get their underwear twisted in a knot when they talk about pit bulls
Bullybob, most people don't give Pit Bulls a second thought until something like this happens and then a couple of weeks later they are in the news again for killing a 17 month old baby.
Yes siree, some day I'm going to take my highly trained tiger out for a stroll. But, Bullybob, please don't fret, he comes from Sigfied and Roy's menagerie, highly trained, lovable and I would trust him, after a two week fast in a room with you.
nicklbag.....on and on and on, what are you saying dude. Sure it's not a dimebag, nicklbag?
JonGreen:...your terse one liners continue to be illuminating and on target.
send all the dogs to the dog whisperer.
oops...didnt see jongreens post...i obviously agree with him.
Loomeisredisent more children drown in bathtubs and 5 gallon pails of water so why arent you concerned about that? tigers and pit bulls.. dont you think you should compare apples to apples... Just in case you do not know one is a canine and one is a feline.
It is not the dog but the owner... I have worked with a lot of pit bulls and never been bite and most of the dogs were in shelters where the stress is high. However I would never say a pit bull is for every one. The shelter I work with is very selective in who adopts a pit bull. Just because I think that there are 2 many pit bulls does not mean that they should be eliminated.. Popularity of a breed only hurts the breed.
Gulliver, wake up.It is being politically correct. Everyone of those dogs should be shot and the owner should be jailed just for being creepy looking.
My husband brought home a very disturbed Pit Bull years ago. It was on it's way to be killed also. He took it away from it's other dog friends and owner and brought it home to me and our 3 little sons. I was beside myself. He was convinced that the dog just needed a little "LOVE".
We put a muzzle on him,gave him a nice warm bath(not easy) , Neosporin'd his small wounds he had and gave him some love. He was resistant for about a week. All of a sudden this animal knew he could trust us to not hurt him and the kids were able to pet and hug him. All with the muzzle of course. He became a house dog. This dog's muzzle came off in 2 weeks and he was the new baby in the family. He never bit again. He could not be in the presence of other dogs , but we lived out on acreage. He had his own tire swing with the kids and he swam in the pool with the kids . He was a blessing to our family. I know this doesn't always happen, but with the right circumstances maybe these dogs could be saved, maybe not.
Loveand peace I am sure with the right people it could work.. Look at Mike Vicks pit bulls some are therapy dogs... People like to blame the breed.. mostly newpapers so they have something bad to print. Very few articles on pit bulls helping people and they do all the time.
For example I have incurable leukemia and my dogs provide great therapy for me but no newpaper is going to write an article about that.
Bully Bob, They should write an article about that. So true, if it isn't bad news ,well, it just may not sell papers. What a sad world we live in.
LoveandPeace,
I believe your story, and I agree. Animals need to develope trust in their owners once they do they become loyal members of the family. You obviously were responsible in your ownership to this particular dog. You knew that he couldn't be around other dogs, so you kept him away. My son had a pitbull (sadie) who was a big baby she was too dumb to bite anybody, and she loved that boy.
I believe that Covertson was just an irresponsible pet owner who's actions will now cause the demise of these dogs. Once a dog crosses a line he must be terminated. I can't say with any certainty that the breed is too blame entirely, I do think they have a propensity for violent behavior.
Born_here, yes they do. My sons to this day still have Pitts and always will. Like when they were children , they live out of town. The only animal that comes near ,they run from(bears,Mountain lions). The Chihuahua is another story.
an added thought:
I believe that Covertson is "Sorry" that his dogs attacked Jo Jo, but in this case sorry isn't enough. I don't know if he did this, but his first responce should have been to call Jo Jo's parents and check on the condition of the boy. Then he should have immediately offered to pay for all medical bills, as they occured due to his lack of responsibility. I'm guessing he didn't do these things, for if he had I don't think this story would have gotten so big in the news?
Was a canine expert consulted regarding the viciousness of the dogs? I recognize the judges expertise with the law, but I'm unsure of his qualifications with animals.
Loveandpeace: They "MAY" be quicker than some breeds to react to bad treatment, some dogs will just roll over, tail between their legs and sulk in a corner, others fight back. The same is true of humans, some cower, others bristle up and stand their ground. So then, if you must, they do have a "propensity for violent behavior". I believe though, it's more the way they respond to the treatment they get. Dogs react to "calm assertive" demeanor in a positve way, and conversely...you get the point I'm sure. It sickens me that the fate of these dogs and the breed is so completely in the hands of those who know nothing. I really would like to see the "deciders" seek advice from experts. The Dog Whisperer would be one of many, after which they can do what they have to do. In the general sense, I'm sure the fallout from this will continue and in some way, all breeds will be affected.
Loveandpeace: Sorry, I meant to address my the previous post to Born-Here.
Regards to both
Right on Judge Joe O. You reinforce my opinion of you as being right up there with retired Judge Jim Roeder and the legendary, recently departed, Honorable Judge George Yonihero. Too bad you couldn’t, in addition to your decision, require the City of Auburn to implement an ordinance limiting the number of pets within a household to two, whether dog or cat, just two. Any more than that would require a conditional use permit, public notice and hearing, with stringent protective measures and costs that would minimize the casual, irresponsible pet owner from “harboring” more than 2 pets. Once again Joe, great job; hope you didn’t cringe when you saw the bloody pictures of JoJo. BullyBob, you should volunteer to take the 4 bullpits. If you live in Auburn there’s to limit to the number of critters you can collect.
All pit bulls are vicious just like all black people love watermelons, all Jews are greedy, all Hispanics are lazy and all women are stupid.
It's an idiotic generalization perpetuated by poor owner behavior and small-minded individuals. Have the people condemning pit bulls ever met a properly trained one? I highly doubt it.
Actually the three pit bulls I own are enough.. I beleive in responsible ownership which includes feeding premium dog food and excellent veternarian care. Additionally I carry pet insurance on all my dogs. There are hundreds of pit bulls up for adoption where I live.. but I do think these dogs can be rehiblitated.
Yea verily I say unto thee, there are no bad dogs - just bad owners! Coverston should do time for assault and battery.
auburnnative, your remarks towards Observer and Birch should have you banned, at least for awhile.
ATTENTION: auburnative does not like dark skinned people or the people that love them. Racist drunk.
Grapes-of-wrath: Wrath...how approriate. Sounds like your a nasty uncaring mental midget.
Grapes: Hope you're offended by my uncaring mental midget attempts to proof before sending...damn, it's just never going to get better.
I think a lot of people are getting a bit carried away with this, saying all pit bulls are bad etc. Any dog has the potential to bite. These 4 dogs got out, attacked a kid. Period. Why does the judge have to be an 'canine expert', in fact why would a 'canine expert' be needed to figure this out? It is simple:
Dogs escape yard
Dogs maul a kid
Dogs are vicious (if you can't understand this part, you need to get your head examined)
Dogs should be put down (if you can't understand this part, you need to get your head examined)
It doesn't matter that they were pit bulls. Any dog that escapes and mauls someone, they have no business sticking around. Pit, Lab, Shep, Poodle... don't let the breed issue fog the real, simple, issues here folks.
ChuxxR, what are you talkin about? Unfortunately,there is another auburnative.
I think it took Judge “big city zoo” Joe the six weeks just to polish his hardly Brandeisian prose ;)
Most of southeast Asia would love to have the dogs to make soup with. Things shouldn't go to waste.
smbnyc........I don't think all women are stupid!
Hey colfaxer. Then when someone gets shot or uses force of any kind and then there's a court proceeding, let's just ban expert testimony. Forget forensic experts. Let's just allow the kid bagging groceries at bel air testify ad an expert. Get it yet now that I spelled it out for you?
charechare's right send them to the dog whisperer. Somebody needs to notify Caesar that there is a good show for him up in Auburn.
Look on the bright side. The dogs will go to pitbull heaven where they can chase the folks who read meters, deliver mail or walk for excercise. They can attack to there hearts delight and inflict as much damage as their instiinct allows but in some cases the victtims get tto triumph and the pb loses. Then they can all stop and reflect on how much fun they had and do it again. How is that for a happy ending. Only people who want to play get to play.
Hey harleyrider, your scenario/suggestion is flawed. Why would someone need expert testimony, in your case, to determine that a gun was used (yup, that is a gun, yes, i will testify my expertness to that...). Pretty much the same cut and dry situation as 4 dogs mauling a boy. Yes, these dogs mauled a boy... um, why is an expert needed for that, spell that out for me. Nowhere did I say expert testimony didn't have a place in the courts... Get it yet?
Colfaxer. Your pos smacks of ignorance. Ballistics experts are essential, just like DNA, latent print, vehicle accident experts etc. Maybe a dog behavior specilaist could have advised. I doubt a judge has the same expertise. Here's a question, you ready, WHAT WOULD HAVE BEEN THE HARM? What was he wors hat could happen by consulting a professional? Get it?
Apologies. Little too quick on the keys.
colfaxer/harley: At this point, the expert is needed to determine the best course of action now that the "deadly 4" have been judged by an all knowing clueless judge to be "vicious". Death to the vicious "4" is not the only option. Adoption to a willing family keeps ringing in my mind. But the city of Auburn is now holding all the power cards and being highly influenced by the local political machinery.....
Colfaxer: All is NOT, right or wrong, black or white, right or left.....join the freekin world dude.
Harley:....spot on, "WHAT WOULD HAVE BEEN THE HARM"
Tom Bodet is begining to annoy me. The phrase "We'll leave the light on for ya" is falling on deaf ears and mini-minds. Or is it mini-blinds, the kind that when the cord is pulled, life on the other side ceases to exist.
My diatribe is a freekin useless waste, apologies. Kill the damn dogs, be done with it. Frankly, I'm sickened by the whole thing. A big thanks to Coverston and the the mini-blinds
Judge Joseph O’Flaherty obviously made the political decision for the fate (death sentence) of those 4 dogs. My heart breaks for the dogs. :-(
Chuxxr, there is an auburnative and an auburnite, I think you have then lumped into one.
Anybody heard about the two dogs in Carmichael running loose attacking people? they were shot by deputies ah yes, they were pit bulls, they even had videos of them while on the loose. Everyone, feel free to reach your own conclusions.
Loomis: I hesitate to continue this, but I would like more details, something to verify that it really happened, something to indicate that we don't have Coverston or another like minded irresponsible pit bull owner alive and well in Carmichael. Call me a doubting Tom if you must
Loomis:....just read the story in the Bee, saddened and sickened by the news. Still leaves me wondering about the fringe who shouldn't own pits, or any other breed for that matter.
jab1pc: The problem is that toothless hillbillies like pit bulls, therefore, they are more likely to be mistreated and end up attacking people.
Y-S:...they're everywhere it seems,...the toothless hilbillies and their mistreated pits.
More are maimed and killed by drunk drivers. Why not euthanize them? Drunk drivers can actually reason and still make the choice to drink and drive. If we are just going to make generalizations about pit bulls and their owners then let's do the same with those who hurt far more. See the slippery slope yet?
auburnnative, if I am in error, then I owe you an apology.
loomis, " On 11/6/09 at 10:37 AM, auburnnative wrote: "ChuxxR, what are you talkin about? Unfortunately,there is another auburnative."
harleyrider, where do you think the judge got his information from, his bum? If he didn't use an "expert" then I know one in Cool. She doesn't want to kill anything but I think she would agree that the dogs are vicious and have had a pack mentality long before this attack.
ChuxxR,
There is the auburnative with one "N" and then there's the other with two "NN's". It's like dealing with identical twins that have completely different personalities.
Did anyone see the story this morning (Saturday, Nov. 7) that appeared on KCRA channel 3 about retired Sac State Professor, Eddie Cajucom, being attacked by what appeared to be a couple pit bulls outside his home? Poor dude had his ankle torn up pretty good by one of these marauding mutts.
Are pits getting bad press, or are they just victims of bad owners?
Thanks Greg.
Auburnnative, I apologize. My Bad.
Chuxxr, do you know if he used an expert? There's no mention of it.
A picture of the wounds inflicted is "expert" testimony enough. Perhaps we should get Dexter and his blood splatter team to support O' Joe's decision.
Txrxyrd, tha would be a wound expert, not a dog behavior expert. Gabish?
One of the problems is uneducated owners of pits and other bully breeds.
They do not do research on the breeds.
They do not know that not neutering them will cause other dogs to be agressive towards them.
They dog not know that a pit will not back off an attack like a wild animal who will flee.
They do not know that OTHERS KNOW and do not want to be around them!
There happen to be owners like Michael Vick that mistreat the breed to make them mean. They also try to bred the meanest and toughest of the breed, then as the story goes you feed them black gun powder and beat the heck out of them. The hardcore owners kill any of the dogs that don't have what they call "heart". Pit bulls like so many breeds of dog are eugenically bred for certain physical and mental characteristics, this has lead to all kinds of mutations, being aggressive and mean are among them.
jab1pc, turn on the TV it's been on all channels. Buy the Sac Bee, was there also. You can doubt all you want, just look st the President of Iran, he doubts there was a holocaust.
So, fourgen:...then if I understand what your saying, all pits are mean and aggressive. And to call it a mutation, dude, you are way off base, perhaps even a mutation. I do believe that there are "genetic" propensities that are enhanced through years of breeding and brought to the surface by the wrong kind of owner. The kind that, as has been stated many times already, shouldn't own a dog of any kind. "Gun powder" breeding is alive and well in the back yard of many "toothless hillbillies". Thanks Y-Sam, for the phrase, seems to really describe the "eugenic" situation pretty well.
Fisherman ~ Agree, agree, agree!
Loomis: If you had bothered to notice, I posted later that I read about it in the Bee, and I was deeply saddened and sickened. That, however, doesn't change things, not a damn bit. I don't care what articles you chose to quote, the underlying fact is still the same. There is usually an irresponsible dog owner at the helm with the exception of a very few "red flag " cases as defined by Ceasar Mylan, the "Dog Whisperer". Man, if you just hate dogs or the breed, then just say so, that's OK, but cut the freekin BS. And, in the words of conservative pundits and conservative followers, OH PAALEEZZEEE don't compare this to the holocaust, PAALEEZZE.
jab1pc, you seem to read whatever you want into my post. I have known a few pit bulls/crosses that were nice dogs, they had good responsible owners and were raised in very kind nurturing atmosphere. There are far too many owners that think it's cool to have a nasty dog, they are the people that ruin the image of anything they touch. Druggies seem to own pit bulls and with the lack of responsibility that is present, the dogs become mean. Pit bulls were bred to fight, they are relentless in pursuit and there jaw structure is both strong and designed to "lock". That doesn't mean that they are going to attack humans. Any large dog that attacks indiscriminately needs to be put down, I don't care if it is a Golden Retriever.
Most of the "pit bulls" we see are crossed with other breeds that seem to mellow them out.
Several years ago, before leash laws, I knew several dogs that ran and played together in a nearby park. All these dogs had loving homes with good families. One dog was a golden retriever, the other three or four were shaggy mutts. All were were very friendly. None were pit bulls. Then one day they started attacking and killing other smaller animals over a period of a few weeks. A smal dog, a few cats and jackrabbits. After repeated reports to the owners, the dogs were not allowed to run free anymore. It just shows that the pack mentality can occur with any breed of dog.
I just emailed the Dog Whisperer.
fourgen: If I misread or misunderstood your post, I apologize
Took you long enough to grow a spine, Judge! Now others down the line can do their jobs too, so that Auburn residents and patrons will feel secure enough to support local commerce and make use of the ridiculous new streetscape shopping area.
its a shame what happened to the boy. but it is the owners fault. pit bulls are not a bad breed. any dog can be as loyal as a pit. im sick of ignorant people talking shit about all pits. not all of them are bad. and like i said punish the deed not the breed. it's the owners fault not the dogs they jus did what they were trained to do!!!! and whoes to say that some of the people who are attacked by dogs dont provok the situation not saying that jojo did. and nicklbag do some research on the breed as well as others before you open your mouth....
rebelrose...Awesome, I'm there "fer ya babe"...you are a babe, right, no matter. This idea of provocation leaves many unanswered questions. Again, as I've said before, I'm not blaming Jojo Also, as I've said before, we just don't know what happened prior to THE incident. It was pointed out in a Sac Bee post that aggresive Pits don't release, they latch on and lock. If they release it's because it's a warning and not an attack. 20 punctures is a hell of a warning, agreed, but still a warning, and 20 divided by 4, ah,...let me see, that's about a quarter of a mouth full apiece. If they put those dogs down....well,...the toothless hillbillies can take it from here.
Thanks JonGreen for emailing the dog whisperer. That made me laugh. You are a man of action!