There was no consoling the dog'
A man who dragged his dog down Hamilton Boulevard behind his truck to the intersection at the Alaska Highway cannot own a pet for two years.
A man who dragged his dog down Hamilton Boulevard behind his truck to the intersection at the Alaska Highway cannot own a pet for two years.
Justice of the Peace Gary Burgess handed down the sentence to Stanley Gostel this morning.
It included a $250 fine to be paid to the city and a $2,022 restitution order to be paid to the Mae Bachur Animal Shelter.
The JP found Gostel guilty of breaking the city's Animal Control Bylaw.
Section 119 of the bylaw requires adequate medical care be sought for animals when needed.
During the trial this morning, the court heard from eight witnesses called by the city over the case.
It was last Feb. 9 in the evening when Tim McLellane was travelling down Hamilton Boulevard with his children in the car.
They noticed a truck dragging something behind, but didn't realize it was a dog until they drew closer.
His son was the first to notice it was an animal and started screaming and crying at the sight.
'At first, we thought the dog was dead,' McLellane told the courtroom.
It took a while before the driver pulled over, despite McLellane's efforts.
Finally, he and other drivers who noticed the situation were able to get the driver to stop.
Told the dog, now known throughout the community as Trooper, was being dragged, the driver got out of the truck and said 'Oh f-' before placing the animal in the back of the vehicle.
'There was no consoling the dog,' McLellane said of the driver's reaction, noting the situation seemed more like an inconvenience for the driver.
He later identified Gostel, who was sitting at the defence table, as the driver.
Not having a good feeling after Gostel left and turned toward the vet clinic, McLellane recorded the licence plate number and called 911.
Patricia Nowell also saw the dog being dragged on the road as she headed toward her friend's house in Riverdale. She honked her horn and flashed her lights as well to try to get the truck driver's attention
When Gostel, who she also identified, finally stopped, the dog didn't move until his name was called, she noted.
'The dog just did not respond,' she said.
When she saw the truck head toward the industrial area of the city, she thought he was taking the animal to the vet as both she and McLellane had stated.
Trooper had severe road rash injuries and there was some bleeding, both witnesses reported in their separate testimonies.
Both witnesses told the court it wasn't until the story reached the media that they realized the dog hadn't been taken to the vet at all.
Each decided to contact officials about what they had seen when they read about it.
In statements given to bylaw officer Mike Hardie, Gostel said he hadn't realized the dog was tied to his truck.
He left his pet at the animal shelter in Marwell because he didn't know if the dog would survive and he also didn't have the money to pay a veterinarian.
Trooper wasn't located until two days later, the court heard, when Stephanie Brown was driving on Copper Road and noticed a dog walking toward a vet clinic.
'He was moving very slow,' she said.
She coaxed him into her car, and, with both vet clinics closed on Sundays, she headed over to the animal shelter.
Not wanting to put him through more trauma, she let him sit in her car while she went into the shelter to let staff know about the dog needing veterinary attention.
Brown told the court the dog had two large patches of hair missing and she thought he had been hit by a car. There was also a little bleeding from his feet, she said.
After Mae Bachur administration staffer Amy Huska received permission from the board to get Trooper attention from the emergency service at Alpine Vet, she and Brown took the dog after checking for microchip identification on him and finding none.
The shelter also used The Pet Report to search for the owner, with no one coming forward, Huska said.
Alpine Vet veterinarian Candace Marche, who was called in to initially treat Trooper, said the dog had extensive road burn injuries to his face, chest and legs and was also suffering from dehydration.
She knew it had been anywhere from 24 to 48 hours since the injuries occurred because the injured skin was starting to die away.
'There was a lot of oozing and leakage,' she said.
For the next five days, Trooper was hospitalized at the clinic with intervenous fluids, pain medication such as morphine to keep him comfortable and antibiotics.
After heading back to Mae Bachur, he continued to get treatments at the clinic and had surgery to stitch up his wounds last Feb. 20.
Trooper has been in the care of a foster family through the Mae Bachur shelter.
In addition to photos and statements, the court was also presented with Trooper's medical bill for more than $2,000.
While Gostel, who represented himself, opted not to testify nor bring any witnesses forward, he did question both Marche and McLellane on his truck mirrors at the time.
Both noted they were fogged up.
He also questioned Marche on Trooper's reaction when she saw him.
Trooper, she said, was scared at first, which is a normal reaction from animals that go through trauma.
The dog became much more relaxed over time though. The only problem with him, she said, was getting him out of a car, though he would happily get in.
'He would become aggressive in that situation,' she said, though she acknowledged that's also a fairly normal response for animals injured like that.
Gostel noted while he had planned to call on the person who had tied his dog to the truck as a witness, he hasn't been able to reach him.
In her closing submissions, the city's lawyer, Lori Lavoie, said the evidence presented was clear that Gostel had abandoned Trooper at a time when the dog needed care.
'He was probably a dog Mr. Gostel loved very much,' Lavoie acknowledged, noting he likely didn't mean to drag the dog.
In the end though, Gostel abandoned the animal on a cold, winter night when Trooper needed help.
While the community rallied around Trooper, who became a bit of a 'local celebrity', Gostel was the only person who didn't.
He didn't come forward at any point as Trooper's owner, nor did he seek Trooper's return, Lavoie said.
By breaking section 119 of the Animal Control Bylaw, she noted the court can order a prohibition on animal ownership for up to two years.
Gostel made no closing arguments for his case.
As Burgess went over the facts of the case and delivered his sentence, Gostel continued nodding his head.
'Owning an animal; you're responsible for that animal,' Burgess said, adding more compassion for the dog was shown by witnesses than by Gostel.
Gostel was given two months to pay his fine and restitution.
Two further charges of breaking the bylaw were stayed.
See more coverage in tomorrow's edition.
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