Dog's attacks detailed on eve of court hearing
As the affidavits and evidence flow into the Yukon Supreme Court offices, supporters of a dangerous dog with a rapidly approaching euthanization date are preparing for a Thursday hearing.
By Elizabeth Hames on August 5, 2009
As the affidavits and evidence flow into the Yukon Supreme Court offices, supporters of a dangerous dog with a rapidly approaching euthanization date are preparing for a Thursday hearing.
Trevor, a German shepherd-Rottweiler cross, was set to be put down last Wednesday after he was deemed a dangerous dog by city bylaw officials.
Trevor was to be held at the city pound for 14 days to make sure he didn't have rabies.
The previous owners, Tamara and Matthew Allaby, signed Trevor over to bylaw in July after he attacked several people, including Matthew Allaby's landlord, Tamara Allaby's roommate and Tamara Allaby herself.
In an affidavit submitted to the court last Friday, Tamara Allaby says it was difficult for her to release ownership of Trevor to bylaw.
"Trevor was a part of our family and we didn't want to give up on him. His behaviour, however, was so unpredictable that we didn't feel it was safe to keep him any longer."
Trevor's euthanization was postponed last week after concerned citizen Kevin Sinclair took the City of Whitehorse to court in an effort to prevent Trevor's death.
Last Tuesday, Justice Ron Vale determined the hearing would resume this Thursday and Friday, when the issues of ownership, and if Sinclair has the standing to fight in court for Trevor's release from the pound, will be discussed.
Trevor's potential euthanization date is delayed until Friday.
Sinclair said he hopes to argue that Trevor should be released from the city pound to the care of the Mae Bachur Animal Shelter.
A Humane Society Yukon board member will be in court tomorrow arguing the society is Trevor's rightful owner.
The society and Sinclair have said Tamara Allaby breached her adoption contract when she gave the dog to her brother, Matthew Allaby.
Condition eight of the contact says: "Should the adopter, at any stage, no longer wish to keep the dog, it shall be surrendered back to Humane Society Yukon, and the adoption fee shall not be refunded to the adopter."
In her affidavit, Tamara Allaby says the dog was always intended for her brother, but because he didn't have a fixed address at the time, she filled out the application using her own.
It is Tamara Allaby's name and signature on the contract, but she did specify on the application she was adopting the dog for her brother and herself.
She says, "Both Matthew and I reiterated, to the shelter staff, that the dog would be Matthew's dog."
In an affidavit submitted last Friday, Matthew Allaby says, "We never intended to return Trevor to the shelter because we feared that the shelter staff would adopt him to someone else without revealing Trevor's unpredictable and vicious demeanour and the fact that he had bitten at least seven ... of our friends, family and acquaintances."
In her affidavit, Tamara Allaby says that before adopting Trevor, she informed the shelter's staff that she and her brother didn't want to adopt a dog that had been previously abused or had demonstrated aggressive behaviour.
But Trevor had been aggressive before and did have a history of trauma, information the shelter failed to provide the Allabys when they took Trevor home, says Tamara Allaby.
Last January, when animal control officer Graham Key went to check on a report of a dog bite, he found a dog matching the report's description, with a chain embedded in its neck.
Trevor was treated at the Alpine Veterinary Clinic and handed over to the shelter, where he was adopted out to the Allabys.
In an affidavit submitted yesterday, Tracy Smythe, the shelter's administrator, says she told Tamara Allaby about Trevor's history during her May 14 visit to the shelter.
"At that time, we discussed Trevor's needs. I told Tamara Allaby that Trevor is very energetic, he will need training, and he had an ingrown collar that has healed well," she says.
Smythe says Trevor was not aggressive to staff or volunteers, but he did scratch a child while he was in the shelter's care.
"He had jumped on her in a playful manner and scratched her arm," says Smythe.
As detailed in an affidavit submitted Tuesday by the child's mother, Tamara Stewart, she and her daughter went to see the "puppies" at the shelter April 23.
"While standing at the end of the dog run with my daughter, a large dog, who we had not seen prior to that time, came running towards my daughter and jumped up on her, biting her on her wrist."
Tamara Allaby says Trevor was often "bouncy and playful" while in her care, but started to exhibit aggressive behaviour and attack people, such as her roommate, Eric Brown.
Brown and Trevor got along well except for an incident when Trevor acted as a "guard dog" and "snapped and growled" at Brown, preventing him from entering the backyard.
On a separate occasion, Trevor bit Brown and drew blood.
Trevor had also acted aggressively toward his owner. When Tamara Allaby was "petting and talking to him," his behaviour changed and he became "extremely agitated," Tamara Allaby says in the affidavit.
"He lunged at my ankle and bit me, scraping, but not breaking the skin."
While she was out of the territory, Tamara Allaby says she received a call from her brother July 1. He told her Trevor had bitten three people.
"I saw all the attacks ... and was shocked, each time, as all were unprovoked," he says in his affidavit.
Concerned about Trevor's behaviour after the attacks, Allaby purchased a muzzle. He also adjusted the way he played with his dog to make sure that Trevor understood biting or rough play were never acceptable, but Trevor continued to bite people.
In an affidavit submitted last Friday, Matthew Allaby's landlord, Paul Sheridan, says he was stopping by his tenant's cabin to deliver water. As he stepped out of his truck, he "noticed a flash out of the corner of my eye."
Sheridan says he instinctively raised his arm to protect himself and Trevor bit his elbow.
"The injury was bloody and painful, and I was laid up for two or three days. My arm had six puncture wounds and I was badly bruised."
Matthew Allaby says in his affidavit that, during a camping trip in July, Trevor also attacked a child.
"Trevor, again out of nowhere, grabbed the child's leg with his mouth and pulled him over. There were no markings on the child's leg and, although he cried, he was not seriously injured."
Support for Trevor continues to grow, including an online petition for his life with more than 400 signatures, and a Facebook page dedicated to him.
In another affidavit submitted Tuesday, Smythe says the shelter has been inundated by phone calls, e-mail and letters of support.
"These individuals have written in support of our efforts to save Trevor from euthanization by the City of Whitehorse Bylaw Service and have him returned to the Mae Bachur Animal Shelter where he can undergo behavioural assessment, training and rehabilitation as necessary."
Comments (8)
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Responsible dog owner on Aug 11, 2009 at 1:23 pm
It's real easy to sit and write letters and have Trevor live for X amount of more days in a tiny cage waiting to be adopted yet again. It's really to bad all the people who have caused so much hipe over this situation don't adopt Trevor. Or is it because this dog hopefully will come with a list of conditions. Why does everyone have such a problem with putting a dangerous dog down? If my dog bit a child or an adult what would happen to him? If he does i am going to contact the paper Mike and Kevin and see if they can help me save my dog! When a dog bites someone they should be deemed dangerous and get put to sleep.
Paul Sheridan (who has taken care of dogs for longer than i have been alive) goes into detail about his injuries Trevor did to him... WHAT MORE DO WE NEED PEOPLE!!? If by chance this dog makes it into someone else's home and bit's someone who is going to be responsible? Are they then going to put him down? This to me is costing tons of unnecessary amounts of money and personally think the first owner should have to pay for all this for and for causing a animal so much pain and unnecessary suffering. Yukon animal laws really need to be changed this is getting so pathetic!
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Girl Uninterrupted on Aug 7, 2009 at 9:08 am
Someone, quick!
Pass me a gurney or wheelchair! I need something to drag the dead horse around so I can continiously beat it.
How is it that this, while still important, gets more of a rise out of the general public than the potential (and secret) privatization of your public utilities?!?!
If only you could have as much passion people - maybe your political system wouldn't be so eff'ed up.
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Dog Lover on Aug 6, 2009 at 12:58 pm
...Poor Trevor...
There's no such thing as a bad dog.. just bad dog owners.
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Pu-lease on Aug 6, 2009 at 11:38 am
Would someone please just kill this ^&*&%$*&^$* animal alreay?!
It's sad, but he's dangerous and this fiasco is costing thousands of dollars in city time, court time and wasted paper.
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francias pillman on Aug 6, 2009 at 10:23 am
Too bad communities and countries don't stand up for issues that affect everyone like they.did with this dog. Its rather pathetic if you ask me. Should the dog die? No it shouldn't. But it just proves how dumbed down society is when a whole country reacts to an issue that affects no one. Where's the outrage on how most people can't afford food? Where's the outrage of the banks getting all our money? Where's the outrage as our environment continues to be trashed? Look in the mirror people, you sow the seeds to your own destruction, with your own ignorance.
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Maureen Nowosad on Aug 6, 2009 at 7:28 am
My opinion is that Tamara and Matthew Allaby are editing and re-writing their story just as fast as they can make it up. If the situation wasn't so serious it would be laughable. One dog bite becomes three. Three becomes seven. A child is scratched by Trevor at the Humane Society then it turns into a bite on the wrist. If a child had actually been bitten at the Humane Society by Trevor there is no way that he would ever have been adopted out. If a child had actually been bitten at the Humane Society the whole world would have known about it. If a child had actually been bitten at the Humane Society surely the Mother or Father would have reported this. Or did they just forget? Trevor bit an adult and had to be held for 10 days to make sure that he did not have rabies. I guess that standard doesn't apply to the biting of children. Did this child receive medical care? A tetanus shot? If not, why not? Perhaps that is something that should be checked into.
It is clear that the Allaby's decided to deceive right from the beginning and are now trying to save themselves from public opinion and judgment. It is also clear that something else happened to that dog. He deserves a second chance but with all the editing, accusations of misconduct by Humane Society staff and story telling going on by the Allabys I don't think he stands much of a chance.
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L. Miller-Goodall on Aug 6, 2009 at 2:13 am
Good luck Kevin - lots of us are behind you. As a volunteer at the shelter I walked Trevor many times and never had any issues with him. He needs to be cared for by someone who understands dogs who have been abused who can train and carefully care for him so he is not put in risky situations. We support you fully - Trevor's life depends on it!
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Don McKenzie on Aug 5, 2009 at 5:00 pm
What if, God forbid, this dog kills a child? Will Kevin sinclair, et al, be liable, for their work in keeping the dog alive?