County Commissioners Make Changes to Dangerous Animal Code

The Board of Lewis County Commissioners on Monday adopted an amendment to the county’s dangerous animal code that will allow a district court judge options other than euthanasia for any animal that is deemed dangerous.

The change to the ordinance was requested by the commissioners in response to the case of Hank the dog, which has generated controversy after the animal’s name was changed prior to being adopted out from the Lewis County Animal Shelter to unsuspecting owners after being declared dangerous.

David Fine, with the county’s prosecutor’s office, said the ordinance would apply retrospectively to all animals currently housed in the shelter, including Hank.

The amendment allows a district court judge to release an animal that has been declared dangerous to its owners, and provides an alternative to euthanasia, while also providing the opportunity for a judge to set certain conditions that must be followed.

It’s the second change to the code in the last two months as commissioners try to fix what they say is a flawed code that is not always fair.

County code stated that if an animal killed livestock, it is automatically considered dangerous.

That’s why Hank was declared dangerous after he was allegedly involved in killing livestock along with his mother, although many people have claimed he was not actively involved in the incident, including the owner of the livestock.

Staff at the animal shelter said he exhibited no aggressive tendencies, which ultimately led to him being adopted out without informing his new owners he had been declared dangerous.

Fine said the original ordinance provided no remedy for when a declaration was made incorrectly.

He also said that Lewis County District Court Judge R.W. Buzzard, who upheld a dangerous designation for the animal earlier this year, had to make a decision he did not necessarily want to make because of the narrow interpretation the original code presented.

Several members of the public spoke in favor of the amendment after asking a series of questions.

The original code allowed someone who was dissatisfied with the decision of the public health director’s designation of dangerous to go to a hearings examiner to appeal the decision. Commissioners amended the ordinance earlier this year to allow an appeal to district court even after that 10-day window had expired. Now, the new ordinance provides expanded discretion, Fine said. 

Steve Hoecker, a Lewis County resident who has been among the people trying to save Hank’s life, thanked those involved in working on the ordinance. He recommended several other changes he’d like to see in the code, which included bringing in an animal behavior specialist to present information. That, according to Fine, is already permissible under current code.

Pauline Kerr, from Centralia, also strongly advocated for the release of the dog.

“I would like to say I’m incensed at what happened to the dog, that he’s been locked up and nobody is paying attention to the actual evidence of what he did, which he didn’t do,” she said. “He appeared before the judge, the judge dismissed him and dismissed all the evidence on the theory of what if the dog bites someone in the future then we’d all be responsible for that.”

She said that wasn’t a good argument and that not all laws are good laws.

The new changes were approved with a 2-0 vote by commissioners Edna Fund and Gary Stamper. Commissioner Bobby Jackson was absent.

“I appreciate the public coming in,” Fund said. “We’ve been receiving a lot of information from people all over the world regarding this case.”

Commissioner Gary Stamper also said he’d fielded a number of calls on the case.

“I think the intent to modify this ordinance is not only suitable for this particular dog, but will take care of potential problems down the road,” he said, adding he still has the more than 149,000 signatures turned in from people who want to see the animal released to its owner. 

Hank was declared dangerous in April 2016 after allegedly being involved in the killing of livestock. He was later adopted out from the shelter to his new owner Jann Propp-Estimo after his name was changed and without the county informing her of his previous declaration.

Propp-Estimo has been working to get the dog freed and hired Adam Karp, from Animal Law Offices, to represent her.

Buzzard’s earlier decision that upheld the dangerous dog declaration was affirmed by a Grays Harbor Superior Court Judge. The decision will now be appealed to a higher court. 

Lewis County Animal Shelter Manager Amy Hanson and Director of Public Health and Social Services were facing criminal charges for adopting the dog out. Those charges have since been dismissed, but the case could appear again before a district court judge.

{{tncms-inline content="<p class="p1"><span class="s1"><strong>Legal Representation Approved for Three County Employees in Civil Suit Related to Hank Case</strong></span></p> <p class="p2"><span class="s1"><em>By The Chronicle</em></span></p> <p class="p3"><span class="s1">Three employees have been approved for indemnification from the county in a civil suit filed in Thurston County Superior Court by the dog’s owner, Jann Propp-Estimo.</span></p> <p class="p3"><span class="s1">Commissioners approved Law, Lyman, Daniel, Kamerrer and Bogdanovich to represent county employee Gabriel Frase, from the Lewis County Sheriff’s Office. Frase seized Hank after the prosecutor’s office was made aware the dog was adopted out. The commissioners also moved to retain Friedman, Jackson and Tardif to represent Director of Health and Social Services Danette York and Lewis County Animal Shelter Manager Amy Hanson.</span></p> <p class="p3"><span class="s1">The lawsuit names all three defendants.</span></p>" id="59556046-b57d-4c1f-9773-65919c6056f2" style-type="info" title="Legal Representation Approved for Three County Employees in Civil Suit Related to Hank Case" type="relcontent"}}

Another action in federal court is looking at whether there was a breach of contract that requires the animal be returned to his owner without any designation.

Currently there is a stay of euthanasia until all appeal hearings are completed.