New Jersey German Shepherd Congo Goes Home, Under House Arrest and Death Sentence Temporarily Delayed
It’s good to know Congo is home for now. Unfortunately, it looks like we need to keep an eye on this situation to make sure we do what we can to keep Congo safe.
I normally support local animal control officers but I have to seriously question Township animal control Officer Mark Johnson’s credentials for working with dogs. How anyone could generalize that Congo would attack other humans after this case is beyond me.
Thanks to The Times for this article.
Congo goes home
Dog released to his family pending appeal of death sentence
Friday, November 16, 2007
BY LINDA STEINCongo, the Princeton Township German shepherd put on death row after mauling a contractor, is safe at home with his family and his mate after a judge signed an order yesterday releasing him.
Wearing a court-ordered muzzle, the high-spirited dog burst from the confines of Save a Friend Animal Shelter of Princeton Township, where he was caged since the day after the June 5 incident that occurred in the Stuart Road West yard of Guy and Elizabeth James. Perhaps sensing that their lawyer, Robert Lytle, had something to do with his release, Congo jumped up to greet him and Brandon, 14, the eldest of the four James children.Yesterday, Superior Court Judge Mitchel Ostrer signed a consent order granting a reprieve for Congo pending an appeal of a lower court judge’s ruling that declared the 2 1/2 -year-old dog vicious, a label that automatically requires that he be put down.
“It’s so great to have him home,” said Elizabeth James. “This is one big step in the right direction and it’s the right step to propel us to Superior Court where, hopefully, we’ll have Congo back for good and not have to wonder what will happen next.”
In the consent order, which was also signed by Mercer County Assistant Prosecutor Doris Galuchie, who will be handling the case, Ostrer ordered that Congo wear a muzzle whenever he’s outside of the James’ house and that he be tethered on a leash when outside. However, once the township animal control officer approves the fence that now encircles the family’s 10-acre property, Congo will no longer need to be leashed. Also, except when receiving medical treatment, Congo must remain on the James’ property unless the animal control officer gives prior approval. The officer has the right to make periodic unannounced visits to the exterior of the property to ensure the court order is being followed.
“Given the strict conditions in the order, the community will not be at risk,” Galuchie said. Meanwhile, the notice of appeal of Municipal Court Judge Russell Annich Jr.’s ruling has been filed and the transcript of the two-day Municipal Court trial has been requested, Galuchie said. Obtaining the transcript will take about three weeks.
“I wouldn’t expect anything to happen realistically until January,” Galuchie said.
“I can’t comment on the likelihood of success on the appeal until I read the transcripts. Our office is not taking a position until we have read the transcripts and we reviewed the case law. We need to review all the pertinent law and the transcripts. Congo will get a fair hearing, but in the meantime he is under house arrest.”
While Ostrer declined to say if he is a dog owner, sources told The Times that Galuchie owns a beagle.
Annich upheld his ruling on Tuesday despite the protests of more than 100 human and canine supporters who turned out to protest at the township municipal building. Annich, who said he has received death threats over the case, was inundated with hundreds of e-mails, calls and letters.
Annich’s ruling came after a two-day trial in September. Annich found that Congo had not been provoked when he bit and scratched landscaper Giovanni Rivera, who was badly injured by the dogs after he failed to heed Guy James’ warnings to wait in the car while the dogs were being fed. But Rivera, and four other workers, seeing that Elizabeth James was in the yard, got out of their car, according to court records.
The dogs, Congo, his mate, Lucia, and three of their four 6-month-old puppies ran around the house and began barking. While one worker swung a rake at the dogs, Rivera grabbed Elizabeth James, causing her to scream, according to accounts police and the James family. Elizabeth James claims that she was pulled down to the ground by the frantic Rivera who was trying to escape from the dogs, but township officials contend she did not fall. Annich found that Lucia and three of the puppies that took part in the attack were potentially dangerous. That ruling gives the Jameses 60 days to comply with a long list of requirements, including tattooing. However, Annich stayed Congo’s death sentence, pending appeal.
Lytle, the James’ lawyer, argued that the dogs were clearly, albeit unintentionally, provoked by the gardeners and under the state dog laws should not be held liable.
Township animal control Officer Mark Johnson said he and Kim A. Otis, the municipal prosecutor, argued against releasing Congo from the shelter during the appeal process. Johnson also said that he had insisted that the order include various conditions and limitations.
“They were going to send the dog home with no regulations,” he said. Johnson worries that Congo will attack someone again but hopes that, “Mr. James follows the court order.” Johnson said Congo was “perfectly fine” at the shelter and there “was nothing wrong with the dog being there.”
“There, I can guarantee nobody’s going to be attacked or mauled again,” Johnson said. With Congo back home, though, “It’s no longer in my hands,” he said. The Jameses did not have to post any kind of financial guarantee that Congo will remain with them, al though that is the expectation and requirement. Johnson said he made no request for Congo to wear a tracking device as a condition of his release.
Lytle made an impassioned but fruitless plea before Annich on Tuesday, saying that Congo was depressed, shedding and losing weight in the shelter.
Rivera’s lawyer, Kevin Rieschel son, who previously said that his client bears the dog no ill will, said yesterday that he was surprised that he had been allowed to return to his home. Rivera received a $250,000 settlement from the James’ insurer plus medical ex penses.
Follow this link to read the rest of the article.
I can not believe that anyone would say that the attack was unprovoked. It is obivouse to anyone with eyes. They were told to say in there vechile until the dogs were finished eating. Then to swing lawn eqipment at the animals and to grab Congo’s Mom and pull her to ground. Congo was only doing what a Good German Shepard does He was protecting His Owner. It makes Me sick when people think they can do whatever they want. But a Good Dog is threatened to death for doing what comes NATURALLY to them. If Congo is put to death it will be a TRUE MISCARRIAGE of JUSTICE. I am so happy that his Family is fighting for Him. I will pray that the judge see the real criminals are here. If there is anything I can do to help PLEASE let Me know.
Tawnya Metsch
On Congo and The James side
I have owned two different German Shepherds. My first boy, Casey passed away when he was 13 yrs. old and during all those years he never once bit anyone. My current German Shepherd Rowdy doesn’t have a mean bone in his body but if someone would try to hurt me, I have no doubt that he would defend me as I’m also sure Casey would have too. I would expect them to do just that - after all that is what any good dog would do - protect their human family! That was what Congo was doing that same day, protecting his human mom. One of those men grabbed her and she screamed, whether he had her on the ground is neither here nor there - Congo saw the man had her and she screamed and he did what any other dog would do, he came to her rescue!! Personally, I think she should have sued those men!! Her husband specifically told them to wait in their car and they obviously ignored him, then they had the stupidity to start hitting those poor pups!! They ended up with $250,000!! This is so ridiculous that it is almost funny! How absurd this whole thing about Congo is, give the poor dog a break, he was only doing what came naturally to him and that was to protect his human family!!
Joan Frost
SAVE CONGO!!!
This whole event has really Erked me. A fenced in property means- Stay Out unless told to come in. I have mine posted that way and hope this family does get signs and Post theirs now. However, the men had NO business: entering after told not to, Swing any thing, especially a rake, and hit the dogs, Grab the woman and pull her to the ground!!!!!!!!!!! I saw the photos of the man’s injuries and can tell that they were not all dog bites- there was straight line wounds that were from toenails scratching the leg. I was broadsided by a semi-truck and only got a $30,000 settlement out of it and was left with serious back injuries and on a cane for the rest of my life. Now this man, who was no where near injured as me, gets $250,000 + medical expenses?????????????? I had to pay the medical expenses out of my settlement as well as the attorney costs. And I am not an illegal immigrant worker who pays taxes. This really did’nt go down too well with me. Then you add the INSULT of wanting to penalize a dog who was only doing what is a Natural Trait and Instinct for the breed!!!! Protection!!! I have owned 2 German Shepherds (1 male, 1 female) and I can tell any one- If you were to hurt or make movements toward any member of my household, they both would have went at you in a heart-beat! The breeds characteristics is WHY there are soooooooo many Law Enforcement and Govt. agencies that use them as Officers. Too bad that Congo doesn’t work on the Border Patrol! Maybe there’d be less illegals entering our country. And I am NOT falling for the story that the Animal Control officer’s reports were eaten by a stray dog in his truck. Come on now- that excuse didn’t work when we were kids in school.
That article did not say anything about Mr. Rivera being an illegal immigrant, Deboraha. Your comment, “And I am not an illegal immigrant worker who pays taxes,” is racist.
Holly you are missing the point.
If a man came into my yard and pulled, pushed me to the ground for any reason I believe I would charge him with assault. Why didn’t that happen?
Jean Ann,
That is my big question. If anyone knows why COngo’s family isn’t pressing charges, please bark in.
HERE WE GO AGAIN. WE HAVE NO RIGHTS PERIOD. WE CAN’T EVEN PROTECT OUR OWN PROPERTY WITHOUT SOME COMPLETE IDIOT TAKING OUR ANIMAL WHO HAS THE RIGHT TO BE IN OUR YARD AND TO DEFEND.
I TRULY BELIEVE THAT ANIMAL CONTROLS ACROSS THIS NATION ARE COMPLETELY INSANE. THEY WOULD NOT HAVE THEIR JOBS IF THEY COULD CONTROL THEIR OWN LIVES. THEY MUST CONTROL THAT IS THEIR ONLY PURPOSE AND I WOULD BET YOU IF YOU CHECKED THEIR BACKGROUNDS HALF IF NOT MORE OF THEM WORKED IN A PRISON SOMEWHERE ACROSS THIS NATION AND THEY JUST WENT CRAZY. I KNOW THAT IS TRUE IN ARIZONA. ANYONE WORKING IN AN ENVIRONMENT LIKE THE ONE IN THIS ARTICLE NEEDS TO RETIRE AND FIND ANOTHER GAME. AS FOR THE COMPLETE IDIOT WHO CAME INTO THE YARD GET ON DOWN THE ROAD AND DON’T LOOK BACK.
Holly, it sounds to me that you are the one with a problem. Even though the above article did not mention the immigration status of these clowns, other reports that I read did. Why is it that if someone who says something not so nice about a, shall we say a non-white, is quickly labeled a racist even when the statement is true?
These illegals are lucky that they didn’t come on my property, attack my wife and dogs. They would have left in body bags with severe cases of lead poisoning. It would have been justifiable in that they were armed (a rake is a weapon) and I feared for my wife’s life as well as my own. And they all would have been in body bags since dead men tell no lies. Some of what I read stated that their story change 5 times. The A/C officer admited in court that their story changed 3 times. That should have been enough (if our justice system was worth a crap) to have their sorry butts kicked out of the court house and straight back to Mexico. They shoud have been charged with assault, battery or what ever the crime is called in NJ. They should have been sued too. After all, they now have a quarter of a million dollars in assets.
AMEN…Why is it if a white person makes a remark about any other race We are automatictically Racist. Well if that is what I am then so be it. If the fools that went on to the James Propery that day had a better unerstanding of English maybe there wouldn’t be anything for any of Us to discuss. I am far from a racist Me soon to be son in law is an Afro American. So what are you going to call Me. Illeagaly immigrants need to stay where they were bron and leave ALL of us in peace it seem no matter what kind of news story they are in it isnt good.
It’s so sad to see that in a case like this, people have to mention people’s ethnicity as being a problem. Please let’s leave the politics for another website. We are trying to protect a dog’s life. But let’s also keep in mind that the dog attacked a human being, so please lets watch what we say about these immigrants. I know we are not racist but please be careful on what you say because some people might take your comments a little bit to harsh (Phil: please think before you make another comment)
The person who not only assaulted the woman, but provoked the dog, should have been arrested for the commission of a felony-iilegal entry into this country. Any of us who may commit a felony are prosecuted, not handed 250,000 dollars. Why does this family not press charges??? The dog was doing what it instinctively knew it needed to do to protect the owner. This is another travesty of justice!!!
I think an important key to keep in mind in this story is the insurance company. All of us who are US citizens pay insurance premiums year after year and many people (such as Deboraha Pusateri who posted a comment above) are injured severly and permanently in accidents or have other legitimate property claims (such as hurricane, fire, tornado, flood damage etc.) which the insurance companies deny and dispute and usually refuse to award anything to deserving individuals so that they can “save up” the money to award it to people like this claimant. The point about him being an illegal alien goes to the fact that illegals do not pay taxes, insurance premiums or take responsibility for their actions. However, when there’s an opportunity to “get something” from someone these people are first in line to collect. I’d be asking who exactly this insurance company is who awarded this huge amount of money to someone who clearly is not permanently injured and lied 3 times in changing his story–even at the admission of a hostile witness, the animal welfare worker. This insurance company should be boycotted and policy holders should cancel with them. Money is the only language they understand.
I had 7 german shephards in my life.Not one bit anyone,but if anyone tried to hurt me or any one in my ,look out.They are loyal,loving,and protective.Congo only procted his mom( human ) and the pups.If congress did what they are paid to do we would have a secure border and our country would not be poluted by these free loaders..Lets get together and call orr e-mail all the people involved in Congos continued freedom.Feel free to E-maiil me and lets do something.For Congo and his family.My e-mail address is baymarine2@optonline.net, feel free to contact me and let me know what you think.If you want to talk to me in person ask me for my phone nummber in my e- mail message and i will give it to you.So lets do something instead of thinking about it , and remember there is power in numbers.Lets make “SAVE CONGO ” our rallaying cry.Waiting to hear from you.Lets start our own web site for Congo.
what is the world coming to when we waste court time to prosecute a dog protecting it’s owner? SAVE CONGO
Congo did exactly what he was supposed to do. At some point people have to be held accountable for their own actions. This is a people problem not a dog problem.
First the person attacked was Honduran not Mexican!!!
Why label or mention ethnicity? It is irrelevant.
Is this blog discussing real facts or labels???
The problem is: The dog attacked for a reason, so if you want to save the dog save him!!!
Good thing no one died (such a child) or else the situation would have different for this case!!!
Go with the facts of what happened do not make false assumptions.
Again this problem is the person’s actions not the dogs actions!
Everything else is irrelevant!!!
I had 3 german sheperds at once. They are the most loving and careing potective dogs.Our law enforcement uses them for this fact. If it was a police dog it would all be ok. Good luck to congos owners.
If anyone here knows how to contact the owner of this dog directly please tell them to contact Best Friends Animal Society at animalhelp@bestfriend.org. They are the biggest animal sanctuary in the US and if anyone can help these people, they can. They get so many requests that they can only respond if contacted directly by the owner of the animal. I know this because I already tried. This dog deserves to live! Thank you.
I just don’t see how he thought hitting a dog’s puppies with a rake would improve his situation. The dog was protecting both his human family and his dog family.
I do feel for the injuries inflicted on the man,… but the money he got for it was already way too extravagent, and the dog served time, when his intent was not malicious in the first place.
This seems like an attempt to get money, and trying to pretend they care about others getting harmed is their cover. They want to deflect attention off their large settlement by inspiring debate on the dog being put down.
When I was a kid, a girl brought a german shepherd to school that had jumped through a glass window to save someone, causing his nose(clear back on the middle of the bridge) to come off his face to be sewn back on later. Anyway, this shows that the breed is motivated by that drive to rescue.
We ALL need to start waking up! This is bigger than poor Congo who seems to be everyting you’d want in a family companion. My Boxer wold have done the same and there isn’t a bigger lovable goofball you could find anywhere.
Anyway, it’s just another example of the Nanny state denying the law abiding citizen the ffreedom to run his own life and protect himself. Ban firearms so you have to totally rely on the police to protect you, even though the police will tell you right to your face (and I’ve heard it from my many cop friends) “we can’t protect you, we SOLVE crimes and aprehend AFTER the fact.” Then take away your family companion because he doesn’t understand politically correct behavior…some one attacks you or your family, you defend. Common sense right? If this family member is taken away and killed because of the negligent acts of the people that entered onto the family’s property, that will be the crime. I’d rather give my companion up then have him put down. Someone should offer to take Congo if it comes to that. Better yet, JUST SAY NO to the socialist police state through letter. e-mails, phone calls, and don’t stop until you are heard!
Irony of it all is that even if Congo makes it out of this, the family will still have to deal with the civil lawsuit that these gardeners will surely bring.