Newark man said neighbor's pit bulls attacked him, his dog

Kent Mallett | Newark Advocate

NEWARK – A Newark man said he and his dog were attacked by a neighbor's pit bulls on Aug. 4, and he shot at them to protect himself and his pet.

Donald Lyons, 74, came to the Newark City Council meeting on Monday night to explain what happened when he was walking his 3-month-old dog on Grant Street, near his home.

“I was walking my pup in my alley behind my house," Lyons said. "Two pit bulls came out of a yard. As soon as the pit bulls hit the alley, I jerked my pup and held it high over my head.

"The pit bulls were just snarling and attacking my pup. They didn't bother me, but they got her by the hip. I pulled a .25 auto out of my pocket and I shot one of them dogs."

Police said a witness verified Lyons account of the attack.

Megan Martin, 34, who police said was watching the dogs for her sister, said her dogs were confined inside a fenced-in back yard 30 minutes before the attack.

“My only guess is somebody opened my back gate," Martin said. "I have five children. The back gate was latched tight, so the kids can’t get out.”

Martin said she has not taken her dogs to a vet, but it does not appear they suffered a gunshot wound.

“The puppy is only 9 months old," Martin said. “There’s no wound on him, but blood was splattered on him.”

The other dog, 6 years old, was not injured, she said.

The police report states Martin was cited for failure to confine her dogs.

“Police said they have to wait for the prosecutor and would notify me if I’m being charged for anything," Martin said.

Safety Director Steve Baum said the dog warden can suggest to the city law director that charges be filed, and then it's up the law director to decide whether to pursue it.

Baum said a fenced-in yard complies with the law of confining a dog, until they get outside the fence.

"I believe she met the requirements, but if they jump the fence, it's still her responsibility," Baum said.

Lyons, who said he has a concealed carry permit, was not happy with the way two police officers and dog warden handled the situation.

"None of them ever asked to see my dog that was injured," Lyons said. "They don't care about my dog and they don't care about me. It's terrible the way the Newark Police Department treats me."

Baum said Lyons may have been upset because he was cited for failure to have a license for his dog.

"He was clearly contacted," Baum said. "He wrote a witness statement. I think the police department did exactly what they were supposed to in this situation."

Lyons told council he may change his choice of weapons.

"Instead of carrying a .40-caliber Smith and Wesson, I'll carry a 12-gauge shotgun," Lyons said. "I'll guarantee the dog will stay where I put him down."

In 2016, council voted to remove the automatic vicious status from pit bulls in the city. Now, designations are based on behavior rather than breed. Dogs are only considered vicious if they kill or seriously injure a person or kill another dog.

Previously, all pit bulls were designated as vicious and could only have the status removed if they had formal training and passed a good citizenship test. Owners of vicious dogs must buy liability insurance and special dog tags, put microchips in the animal, muzzle them in public, and restrain them by chain-link tether, fence or enclosure.

kmallett@newarkadvocate.com

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Twitter: @kmallett1958