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Disabled veteran asks for public support; service dog faces euthanasia for biting woman who beat him with metal pole



  • Dutch with JeremyDutch is a service dog facing euthanasia after he bit his former owner, who said she was attempting to break up a dog fight and admitted to beating him prior to the bite.

    An Army Veteran with disabilities is asking for the public's help in saving his service dog, Dutch, from court-ordered euthanasia. He says that after being punched, kicked, and hit with a metal pole for several minutes, Dutch bit his attacker and has now been accused of being a "vicious" dog. 

    Dutch is a 4-year-old American Allaunt, who is a registered service dog and an important part of Jeremy Aguilar's life. According to the Aguilars, Dutch has never shown any aggressive behavior before or after the incident and is a certified AKC Canine Good Citizen. 

    Jeremy served in the Army, and fought in Operation Enduring Freedom in Afghanistan and Operation Iraqi Freedom. He also was also deployed to Hurricane Katrina with the Oklahoma National Guard, which was the first unit to show up. Dutch came into Jeremy’s life a month after he married his wife Heather three years ago. Heather says that Dutch has been "the most therapeutic thing that could have ever happened" to her husband.

    Updated February 8, 14 and 27: see updates at the bottom of this page.

     

    The Incident

    Metal poleOn November 14, 2012, Jeremy and Heather left Dutch with his former owner in Montrose, Colorado, while they drove a family member to the airport.

    According to Heather, Dutch's former owner admitted to animal control officers and in court that she was beating Dutch before he bit her.

    Heather says that Dutch's former owner said, "I started punching him in the face and kept punching him until my hands hurt so bad I couldn't hit him anymore," after which she grabbed a metal pole and used the pole to beat the service dog. She then pulled Dutch from her backyard into the house by his collar, and grabbed his mouth as soon as they got inside. Dutch then bit her. The woman was bitten on her leg and buttock and Dutch sustained injuries to his face and head. 

    The bent metal pole seen above was found in the back yard belonging to Dutch's former owner (click on image to enlarge).

     

    Dutch's Injuries

    After the incident, Dutch was taken to a veterinarian who evaluated Dutch's wounds. The veterinarian's report stated:

    Vet statement from Dutch's exam"Face swollen like he was hit. Extensive ST trauma on left side of face. Swelling extends from nose up to eye and base of ear. Some dried blood noted on dog's fur but no wounds apparent in mouth or on face/body."

    "Note - dog was extremely well-mannered and sweet in exam room. He did not require restraint during his exam, even when his abdomen, testicles and swollen face were palpated."

    The Aguilars say that when they saw Dutch after the incident, his eye was swollen shut and his snout had swelled to three times its normal size. 

     

    Dutch's Temperament

    In addition to the veterinarian who evaluated Dutch's wounds (see above), other animal experts have stepped forward to commend Dutch for his temperament.

    Dutch with Jeremy and HeatherCarrie Williams is a highly recognized and experienced retired dog trainer and evaluator who has evaluated for organizations including Therapy Dogs International (TDI) and the American Kennel Club's (AKC) Canine Good Citizen Program (CGC).

    "In my testing of dogs for TDI and the AKC and as a dog obedience instructor, I have dealt with a number of aggressive dogs. Dutch was not one of those dogs.", Carrie says "Dutch is a sweetheart. In 26 years of training dogs, he is one of the nicest dogs I've ever come across. That is why I'm volunteering my time to try and save his life." 

    Carrie evaluated Dutch over a three day period and says, "I truly believe this dog would not bite anyone unless he was provoked and felt like he was defending his life. Dutch was a joy to work with and a wonderful service dog with a great temperament."

    During her evaluation, Carrie recounts several of her evaluation techniques:

    "On day one of my evaluation, I think I surprised even Jeremy when I met Dutch for the first time. Upon initial contact, I approached Dutch menacingly. I then stood over him, maintaining direct eye contact, in an effort to illicit an aggressive response. Normally, a dog with aggression issues may growl at the very least. Many will snarl and snap, then move to establish a dominate position. Dutch immediately averted his eyes and lowered his head in a submissive manner. When I continued my aggressive behavior towards him he began licking my face and wagging his tail. He continued this submissive behavior until I relaxed my dominant stance. He then continued wagging his tail and licking my hand in a friendly manner.

    Next, I tested him further by feeding him treats and then taking the food right out of his mouth. Common sense dictates that putting your hand in a dog's mouth is a good way to get bit, especially when you're taking away treats from a strange dog, but as soon as Dutch felt my hand in his mouth he immediately released the treat and never attempted to snatch it from my hand or nip it away. This gentle, submissive behavior when interacting with a complete stranger is rare, even in common "family dog" breeds." Read Carrie's evaluation in full here.

    Dutch gave his evaluator a kissCorroborating Carrie's evaluation of Dutch, AKC CGC evaluator Sandie Wyman, stated, "I am the CGC evaluator that tested this sweet dog. He did pass with flying colors and even gave me a kiss afterwards. This means that he will receive a real title from AKC stating he can now visit elderly people at nursing homes. I believe this dog is anything but aggressive. I am a certified dog trainer and have also done behavior objectives on animals. Dutch is anything but aggressive."

     

    Legal Battle

    Dutch's former owner has pressed charges against Jeremy and Dutch through the City of Montrose animal control office in Colorado. According to Heather, photos admitted to court showed that the woman’s puncture wounds from Dutch's bite did not have tears of the skin. In addition, Heather says that the woman did not receive stitches for her wounds. 

    Jeremy was cited with municipal ordinance 6-2-9 (A), Vicious animals. Under this ordinance, "A vicious animal is defined as any animal that, without provocation, bites or attacks persons or other animals." Heather says that although the judge agreed that Dutch was provoked, the ordinance applies to Dutch's case because he did not bite his former owner until they went inside the home and the beating occurred outside of the home. The judge ruled Dutch's bite a separate circumstance from his beating and there is now an active euthanization order for Dutch.

    Ordinance 6-2-9 (A), Vicious animals carries the possibility of one year in jail. Since Dutch is currently under the care of the Aguilars, a Colorado judge ordered Jeremy to post a $500 appearance bond. According to the Aguilars, the judge warned Jeremy that if he doesn't surrender Dutch, the combat veteran will absolutely spend the whole year in jail.

    Jeremy and Heather offered to send Dutch through a rehabilitation program, agreeing to the judge that if the evaluator considered Dutch aggressive, that they would surrender him. The Aguilars say that the judge told them that would only be allowed if Dutch's former owner would agree to it; Dutch's former owner refused to agree to the Aguilars' offer.

     

    Current Status

    Dutch's next court date is February 14, 2013 at 10:30 am (City of Montrose municipal court). At that time, the Aguilars will learn how much of a fine and restitution they will have to pay to court and to Dutch's former owner. They will also find out if Jeremy will be sent to jail. But most importantly, they will have to surrender Dutch. The court has asked that they surrender Dutch to animal control before the court date.

    The Aguilars are continuing Dutch's training in the hopes that if the judge does force them to surrender their beloved dog, that they can appeal the decision. Their primary concern leading up to the court date next week is to get the euthanasia order stopped to save Dutch's life.

     

    What you can do to help

    If you would like to help Dutch, Jeremy and Heather, here is what you can do:

    Dutch with a young buddy
    Dutch with his three-year-old buddy RJ

     


    UPDATE: February 8, 2013:

    The Montrose Police Department and Montrose Animal Control spoke with Montrose Daily Press regarding Dutch's case.

    Authorities said that the woman was breaking up a dogfight when the incident occured and according to her account, Dutch was the aggressor in the matter.

    While attempting to break up the fight, the woman sustained severe bites.  "She is fortunate to have escaped that attack with her life," said Animal Services Supervisor Mike Duncan. "She loved the dog, but she is very concerned for anyone who is going to be around that dog from now on."

    Montrose Daily Press reported that authorities said that:

    After hitting him failed to faze the dog, she grabbed the pole from a tiki torch to force him off the other dog, then dragged him into her home. He bit the woman in her thigh as she was trying to clean blood from the fight off of him.

    The bite sank to the bone, and she had to put her hands in his mouth to pry him off. When she retreated toward her bedroom, she tripped, and Dutch attacked again, biting her buttock, again penetrating to the bone, authorities said. When she tried to pry his jaws off her, Dutch bit her finger so hard it caused a compound fracture and severed an artery.

    Dutch kept slamming his body into her bedroom door after she made it inside the room. He bit also furniture and later attacked the other dog yet again.

    Montrose Police Chief Tom Chinn said that the woman's medical bill is about $24,000. Authorities could not comment on the recommendation for euthanization because sentencing has not yet taken place.

    Jeremy told the Montrose Daily Press that he's "dubious about some aspects of the woman's story, though he feels bad for her." He maintains that Dutch was provoked.

    Dutch's story has spread virally and many readers have commented passionately regarding the case. In one discussion on the popular site reddit, vededju has posted several comments regarding the case that have addressed some of the questions readers have asked.

    Regarding Dutch's service dog status, Dutch became a registered service dog after the incident.

    The City of Montrose released a more detailed account of the incident here.

     


    UPDATE: February 14, 2013

    Today, at court in Montrose, Colorado, Judge Richard J. Brown upheld the order to euthanize Dutch, according to news reports.

    Jeremy was fined and ordered to spend two days in jail. Dutch was not surrendered today, so Judge Brown also ordered Jeremy to turn him over. 

    The Aguilars are appealing the decision, and may be able to keep Dutch during the appeal. The judge ordered Animal Services to hold off on putting the dog down until all appeals are complete.


    UPDATE: February 27, 2013

    • According to Montrose Municipal Court clerks, an appeal for Dutch has been filed prior to the February 28 deadline to do so, as reported by The Montrose Daily Press
    • Jeremy was ordered to hand over Dutch to Animal Control on February 14, but he has not turned over the dog to authorities.
    • A hearing is set for May 16 to decide when Jeremy will serve his jail sentence.
    • According to a KJCT8, Montrose authorities say they haven't seen Jeremy or Dutch in the past few weeks since the court's decision.
    • The GJ Sentinel reports that Judge Brown is willing to consider sending Dutch to an animal sanctuary in Colorado or Utah, rather than put Dutch down. "The Court received information from Colleen at Best Friends Sanctuary in Orange County California, who indicated they have a sanctuary facility for dogs such as Dutch which would allow him to be placed at the sanctuary in their care," Brown wrote. Jeremy would be able to visit Dutch at the sanctuary. The judge added, "It seems like this might be a good alternative so that Dutch is not euthanized on the one hand, and on the other there is no exposure or risk to the public." The city of Montrose has agreed to this option. There is no response from Jeremy on this proposal.

    Update: March 23, 2013

    A two-day trial date for Jeremy Aguilar's appeal has been set for May 16. The trial could potentially overturn the euthanasia order for Dutch.

     


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    Comments on this Article

    Bryana if you did not here they had get a new attorney they fired the one that gave bad advise
    Does anyone know the current status of this? I knew the court date was a few days ago, but can't seem to find any updated info.
    What is the status of Dutch? If we can get him to Pa I will take him in. What happened to the witch that beat him then whined like a baby because he had enough.
    if it was such a big fight that needed such violent intervention, what injuries does the other dog have?
    I would never give up my dog either if i was in Jeremy's shoe's, i will never understand how a judge can rule that when it is clear Dutch was defending himself, if anyone did that to my dog i would be in prison for a long long time because i would KILL them. Why are they going to put Jeremy in prison for defending his furbaby?? My thoughts go to Dutch and i pray he gets to stay with his family and all goes well for them x
    If that was my dog I would hide him and never give him up. I would go to jail I don't care...it would be worth it!!! Good luck to Jeremy and Dutch!!!
    ya know most humans i would bite too Domestic pets get such a raw deal if dealt an unfortunate hand
    I would like to know how previous owner treated Dutch when he lived with her? Why did she give him up? Dutch does not deserve to be put down on hearsay. I'm just wondering what really happened???
    clearly there is a very good reason the person bitten is his "former" owner. if she truly cared for this dog at any point in her ownership of him, should would not be perpetrating this lie against him. the Aguilars put their trust in this woman and am sure never dreamed that anything like this would happen. this woman speaks with forked tounge and is damn lucky that Dutch isn't an aggresive dog or she wouldn't be alive to display her complete lack of morality or integrity. i am so outraged by this i could spit nails-Keir friend of Dutch
    I will be hoping the proper verdict is finally given and Dutch can go back to living a good life. As for the ex-owner who has changed her story a few times rot in hell where you belong actually jail for animal abuse which she should have been charged with originally. This judge is an ass.
    PRAYING FOR U DUTCH AND JEREMY,I WOULD BITE SOMEONE IN DEFENSE IF I WERE BEING ATTACKED, I DON;T BELIEVE DUTCH AS A MEAN BONE IN HIS BODY. SO VERY SORRY U ARE HAVING TO GO THROUGH ALL THIS. AND OF COARSE THIS WOMEN IS STICKING TO HER STORY
    Pets should be protected in the case of self defense which it certainly seems Dutch was engaged in.He has the right to defend himself!
    A dog who waited until injured & totally provoked before fighting back to protect his disabled owner is amazing. The attacker had no right to hurt the veteran. Why in the world should a dog who is actually a hero be euthanized & a criminal be condoned. Please let Dutch live his life with the love & the man he was trying to protect.
    I find it interesting that the story from the lady has changed. At first she said that she hit Dutch and dragged him inside, which is where she was bitten. The euthanasia order was upheld by the judge despite her beating him with a pipe beforehand because once she brought the dog inside, that was considered a "separate incident". Now she says she was breaking up a dog fight? So let me get this straight. She broke up a vicious fight between two dogs, beat dutch with a pipe and she didn't get bitten until she DRAGGED dutch into the house?! That story is so ludicrous it is ridiculous.
    It's nice to know that this woman is going to try and play the victim. I do not hear too many stories about Dogs of that truly are vicious getting put down. You know, the usual pit bulls ripping apart children. Usually they're just put in Corentine. It's really nice how people can get away with this. While talking to a woman about service dogs at Stop & Shop, She mentioned a blind man that used to live on her street. He had a German Shepherd for a guide dog, but had to put it down despite the fact that the man was mugged in severely be in up. Of course, the a Person provoking the animal thinks that they are the victim. If you're going to mug a person, or beat up their dog, the no kidding. Of course you deserve To be torn apart by the dog. Yes, as somebody already stated, this woman really does need to be euthanized. It seems to me that one a service dog is defending itself or an owner or whoever, it is automatically classified as a vicious dog. Yet look at all these other truly vicious dogs that do not get such a harsh punishment. It makes me sick!
    This judge should go back to school and learn how to be a judge. If you call yourself a friend of this judge or this woman, be careful, they will turn on you also. It is a fact, this judge and woman will go to hell, if they will treat this dog this way.
    No, the sanctuary should be the last option. The dog did nothing any other dog wouldn't have done. She beat the hell out of him then was dragging him inside. Does this judge not understand what fear that probably put in this dog? Big? Yes he is, and strong. But, if she hadn't been stupid all the way around, the incident would never have happened, and she is looking for revenge. Not justice, revenge.
    I have been following Dutch from the beginning with Care2 and now signed up with Dog heirs to help Dutch to get his freedom back. I think this is a huge setup to fill lawyers pockets. If I was American, I would be able to help and ask for the dog and secure his safety. I live in Australia and would love to help Dutch, but as a pensioner I cannot raise the money to bring him here to be a mentor of our well trained young Rottweiler and a mate to me. But in reality, Dutch should be back with his owner, I assume he loves him. Dogs are dogs, they do bite, even the owner as I found out with several dogs. But they do "apologize" and do become a better mate. Our Rottweiler opened up my left hand right to the bone late at night. 24 hour clinics were closed and notes on their doors asked to call an ambulance. I asked my wife to take me back home not wanting to go to a district hospital, knowing also that they would report the incident to authorities. At 2 am we got home, wife retired and I had a few glasses of Black Label Whisky, also on my hand. I managed to stitch myself with a hotel sewing kit plus a lot of bandaids. Now, what brought this on? Our Rotti rolled his head in cat shit and I had to wash him, not a hose, but luke warm water. Well, he bit me later when almost dry. My hand healed very well and Onyx the Rotti keeps licking my left hand and we are best mates. I now trust him more than ever. This brings me back to Dutch (I wish I could have him). He was intimidated, do not murder him for that. Dogs will be dogs, they are only as good as their owner. Give him a break, I am sure he feels very bad about defending himself and hurting some stupid human. Believe me, dogs are not stupid!!!
    Has The Lexus Project been contacted? They specialize in this type of case, fighting to save the lives of dogs seized. http://thelexusproject.org/ I highly recommend bringing them in on this.
    I agree wholeheartedly with Michelle Palmtree. I have been so concerned for Dutch. My husband and I live in Australia and wish Dutch and his whole family all the very best always. We admire you Jeremy; good luck to you. Zoe McKinnon
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