The 44-minute, June 9 public hearing was held via Zoom video conferencing, but evident was the heaviness with which Marion Select Board Chairman Randy Parker sought a motion that board member Norm Hills would deliver and board member Toby Burr would second to order humane euthanization for a Marion dog named Stella.
The subsequent vote was conditioned at the advice of Town Counsel Jon Witten to take place no sooner than 14 days after Tuesday’s ratification of the decision in another special meeting of the board.
The “dangerous dog” hearing was the result of a complaint filed by local Animal Control Officer Susan Connor alleging a May 17 attack by a dog owned by David and Jennifer MacDonald on a small dog in Watertown, Connecticut, during a visit to the Taft School campus.
Based on an October 16, 2018, order of the Marion Select Board following a prior incident resulting in the death of another dog, Stella was already deemed dangerous, and conditions for her being kept by the MacDonalds included the stipulation that she be muzzled when off their 40 Spring Street property.
Hills’ motion and Burr’s second were based on their conclusion that the conditions set in 2018 were “not being followed,” that “the owner had a responsibility” and “failed to comply.”
“I will say that none of us here on the board in all of our terms have had to deal with any of these decisions. It’s just not easy,” said Parker.
Upon opening the public hearing, Witten laid out for the Select Board three basic options: 1. take no action; 2. “amplify conditions” (increase the insurance requirement, plant a microchip in the dog or other steps such as install an enclosure); 3. order the dog to be humanely euthanized.
Testimony at the public hearing came from David MacDonald, Maura Quatrano of Watertown, Connecticut (owner of the dog injured on May 17), Quatrano’s attorney Robert W. Galvin and the Marion Police.
Given the floor, David MacDonald expressed regret for the May 17 incident and noted that Jennifer MacDonald shares in that regret. He said she has cared for 10 animals in her life, having adopted several.
Transitioning into the matter of the town’s complaint and the impounding of Stella on May 20, David MacDonald took issue with what he considered one-sided information in the police affidavit. He acknowledged that Stella bit Quatrano’s dog Milo but said comparing the incident to what happened in 2018 is “just inaccurate.” He said testimony of a witness to the 2018 incident indicated that Stella may not have been the aggressor.
Regarding the May 17 incident at Taft School, David MacDonald argued that since Connecticut does not have a dangerous dog statute and because the incident occurred there, it is out of any Massachusetts town’s jurisdiction.
Describing the parking lot where the incident occurred as “nearly vacant” and maybe twice the size of that at the Tabor Academy hockey rink, David MacDonald did not consider Jennifer MacDonald letting Stella sit under a tree without a muzzle to be a reckless much less defiant act.
He said that upon the attack of Quatrano’s dog that was walking by where Stella was sitting, Jennifer MacDonald immediately tried to restrain Stella and jumped on Milo in an effort to protect the smaller dog from further harm. He said Jennifer MacDonald reached out to Quatrano afterward and arranged to pay half of the veterinary bills.
David MacDonald further stated that in the aftermath, he and Jennifer MacDonald had been looking into solutions at their home and at the possibility of moving the dog out of state to other family members.
“We were trying to come up with a solution, but it seemed like decisions were already made,” he said. “We ask you to reconsider … we’re comfortable with very strict conditions.”
Witten assured David MacDonald that no decision had been made prior to the “first substantive hearing” and that this was the Select Board’s first time addressing the May 17 incident.
Witten also clarified that no Marion representative is claiming jurisdiction in Connecticut but that the conditions established in 2018 were that Stella remain muzzled when off the premises of the MacDonalds’ Marion residence. Therefore, he advised the Select Board that it could accept the police report emanating from Watertown, Connecticut.
David MacDonald did not dispute the facts of the case that Stella was not muzzled at the time of the incident, but he reiterated his jurisdictional argument. He also stressed that a veterinarian’s written statement indicates that Stella is of no danger to people. Witten instructed him to submit that statement to the Select Board’s office. As of last week, Stella remained impounded in Dartmouth.
Given the floor, Quatrano told the board that her dog will never be same after the attack that nearly took his life and emotionally asked Jennifer MacDonald why she ignored the restrictions placed on Stella.
Galvin told the board that Quatrano by the time of the public hearing had accumulated $2,800 in veterinary bills with more still due and that his client has documentation of $2,600 in lost wages.
David MacDonald said that he would provide proof that he acquired the insurance required of the 2018 order.
It was not known on Tuesday if the MacDonalds planned to appeal the Select Board’s decision.
Marion Select Board
By Mick Colageo