Town gives dog death sentence for killing goat

That was the question considered by Rowley selectmen earlier this week in the case of Niko, a black Labrador retreiver mix that got loose from his home at 226 Boxford Road in mid-February, crossed onto a neighbor's property and reportedly killed a pet goat.

After emotional pleas by both pet owners earlier this week, the board voted to order the dog euthanized, based on the assumption a dog that kills will kill again.

But Niko's owner, who said he intends to appeal the board's decision, also suggested the possibility that the dog had chased away a coyote that had done the actual killing. Though Niko was found in the pen with the dead goat, the dog was not covered in blood after the attack.

Six-year-old Niko got away from his caretaker last month and managed to get under a fence into an area where neighbors Richard and Melissa Lebel kept three goats penned. Although no one witnessed the kill, the dog is presumed to have taken the life of one goat with a bite to its neck before severely wounding a second animal.

It was a horrible scene described by Richard Lebel, who went down to check on the animals after being informed of the incident by Niko's owner, Mike Passanisi.

"One was dead in the pen, and the other two were covered with blood," Lebel said.

Lebel's wife and daughter were distraught; the goats are considered beloved members of their family.

"These aren't just farm animals," Lebel said. "These are family pets. They come when we call them. They come up on our porch."

Passanisi said he feels terrible about what happened, but after Richard Lebel ordered him off his property on the evening of the incident, he left his phone number and made no further attempt to contact them.

"We'd like to do all we can to rectify the situation as best we can," Passanisi told selectmen. "If there's a way I didn't handle it properly, I apologize. I don't think anyone really knows right off what to do about a situation like this."

Town leaders heard both sides and debated several potential remedies before making their decision. They could order Niko out of town, as has been done in some "bite" cases across the state, or order him euthanized, as was recommended by the town's animal control officer, Reed Wilson.

"My recommendation would be to have the dog euthanized," Wilson said. "If they can't control their dog, and it sounds like it's animal-aggressive. There are lots of horses on the street (and) other neighbors with donkeys and goats."

To make matters worse for Niko, the Passanisis' other dog, Goldie, broke free of her tether last week and ran into the Lebels' yard, promptly tangling with their golden retriever. It was the second incident in one month, and Lebel said although his dog wasn't hurt in the second incident, the family has been living in fear since their goat was killed.

"It's been a constant worry since it happened," Lebel said. "I don't want to go check on (the goats) and find them dead."

In the end, selectmen sided with the Lebels and the animal control officer, ordering Niko euthanized to keep him from coming back.

"Once an animal makes a kill like that, it's coming back," Selectman Richard Cummings said.

Passanisi indicated he'd be willing to move in order to spare Niko's life, and directed the following question to Wilson:

"Is (euthanization) your recommendation in cases like this?" he asked. "You never met the dogs. Is it your recommendation that each and every dog that kills a goat be put down?"

The issue ventures into uncharted territory, since the majority of cases in which euthanization is ordered involve dogs with a history of viciousness toward human beings, not other animals.

There was no expert testimony presented disputing selectmen's assumptions, but police dog trainer Mike Citro, owner of Bay State Kennels in Middleton, said in an interview with The Daily News that he's not heard of a case where a dog was euthanized for being "animal vicious" and attacking farm animals.

Without meeting Niko, Citro said it was impossible to determine its level of aggression or predict the likelihood of a repeat offense.

"It's usually forgiven because of the dog's instincts, and probably should be," Citro said. "To euthanize the dog because of its instincts doesn't seem right."

But when a dog got loose on the property of Arrowhead Farm in Newburyport last summer and got into the bird pens, killing some animals, the farmer shot and killed it. Police said the farmer had the right to protect his livestock.

Passanisi said the Rowley animal control officer initially told him he'd simply have to pay for the goat. He said Wilson added that although there is a leash law in Rowley, it isn't really enforced.

From the time of the incident to now, Wilson has changed his mind, and Passanisi said he thinks it's because of the recent incident involving Goldie.

"I'm completely beside myself on the whole issue," Passanisi said. "(Niko's) my son. He's my child. He's beyond a family pet. I feel terrible about the goat, but I just can't believe they decided what they decided."

Passanisi is also plagued with another question. What if Niko didn't do it? He and his girlfriend assumed because Niko was in the pen when she found him that he'd killed the animal.

But she observed no blood on the dog, and Passanisi has always entertained the remote possibility that Niko chased away a coyote caught in the act. Coyotes are a common nuisance in Rowley, and Passanisi found it peculiar Niko had no blood on him after the attack.

"Nobody actually saw Niko kill the goat," Passanisi said. "I'm not denying that he did it, but what if there was a coyote in the pen and Niko tried to scare it away?"

"I intend to appeal," Passanisi said. "I'm not gonna just stand back and just let it happen. That's for sure."

Photos

This dog, Niko, has been ordered euthanized by Rowley selectmen for killing a goat. Staff photo