Jason Propp-Estimo’s grandson Buddy visits Hank at the Lewis County Animal Shelter.
Jan Propp-Estimo, the most recent owner of Hank, reacts after Lewis County District Court Judge R.W. Buzzard ruled that Hank was a dangerous dog during a hearing in June.
Supporters of Hank the dog rallied outside the Lewis County Courthouse in early August, the same day thousands of signatures were presented to Lewis County commissioners calling for the animal's release.
A superior court judge in Grays Harbor County signed an order on Monday that affirms a previous decision in Lewis County District Court that a dog adopted out to its owner after its name was changed cannot have its classification of “dangerous” dropped.
The move now allows the appeal process to continue in the case of Hank the dog.
Adam Karp, the attorney representing the dog’s owner, Jann Propp-Estimo, said he now has 30 days to file an appeal with a state Court of Appeals or the state Supreme Court.
He is fighting for the release of Propp-Estimo’s dog, currently in county possession, after employees of Lewis County changed the animal’s name from Tank to Hank and adopted him out to his unsuspecting owner who was not made aware that the animal had been declared dangerous in April 2016 after allegedly being involved in the killing of livestock along with another dog.
Those fighting for his release say he was not involved in the killings and instead that his mother, another pit bull mix, was responsible. The owner of the livestock made a similar report in a previous court hearing.
Prior to the dog’s adoption, those involved in the process believed the animal did not possess any aggressive tendencies.
The case has grown to include multiple facets, including two efforts within the courts led by Karp and criminal charges that were put on hold against Lewis County Animal Shelter Manager Amy Hanson and Director of Public Health and Social Services Danette York, whose department oversees the shelter.
“There’s a lot going on,” Karp said. “We have split the case into two separate issues.”
The order that maintains the animal met the definition of dangerous in April 2016 and is dangerous at the present time was considered by Lewis County District Court Judge R.W. Buzzard, who upheld the dangerous designation in June. It was then appealed to Grays Harbor Superior Court where earlier this month Judge David Edwards upheld the ruling, but waited to sign the order until this week. That’s the case in which another appeal will be filed, Karp said.
Last week, a euthanasia stay was signed. It’s valid for 30 days or for the duration of any appeal process.
A separate issue is before federal court Judge Benjamin Settle in Tacoma who is looking at whether there was a breach of contract that requires the return of Hank to his owner without any designation, Karp said.
“The argument is the county made a number of misrepresentations and omissions in person and in writing to Ms. Propp-Estimo,” Karp said.
By allowing the adoption, Karp said his client paid money to get possession of Hank, which released all of the county’s interests in the animal. Three months after the adoption, when the Prosecutor’s Office was made aware of the what happened and the county seized the dog, is when Karp argues a “blatant breach” of that agreement occurred.
“It provided my client would be able to keep him for life, and take him as is, which we interpret to be as a dog named Hank, a neutered male who has no adverse designations at all because he was never presented as anything different,” he said.
More documents need to be submitted to Judge Settle prior to a decision, which is currently expected on Friday, Oct. 6, Karp said.
The county has also set a hearing in October for an ordinance that would allow alternatives to euthanasia for a dog deemed dangerous under Lewis County code. If successful, it will be the second time the county has adjusted its code after the Board of Lewis County Commissioners became aware of the case. The new amendment to the code would allow a district court judge other options instead of requiring a dangerous animal to be put down. Instead, the animal could be released to the party cited in the action and the judge could implement specific conditions the animal would need to be housed under.
The hearing is set for 10 a.m. on Oct. 2 in the commissioners’ hearing room on the second floor of the courthouse, 351 NW North St., Chehalis. If it’s adopted, the updated code would be effective immediately.
As Karp works for the release of the dog, he said the public’s support for Hank’s release has grown.
“I just think the groundswell of support locally, but even internationally is quite comforting,” Karp said, mentioning the multiple Facebook pages and websites dedicated to the dog’s story. “It just tells me there is a definite abiding community interest in saving Hank and bringing him home. My client and I are doing everything we can to make that happen.”
