By Sam Stanton and Darrell Smith
Source The Sacramento Bee
Until late Thursday, Faryal Kabir and her lawyer expected Elk Grove city officials to euthanize her 15-month-old German shepherd on Friday after months of effort to save Zeus, who has been accused of what Kabir says were minor nips by the dog at two people.
The event was expected despite a tearful plea to the City Council last week by Kabir, a lawsuit filed in Sacramento Superior Court, another lawsuit filed in federal court seeking a temporary restraining order and a declaration from a nationally known expert that the puppy was provoked.
“I’m just devastated,” the 47-year-old Kabir said Thursday afternoon as she wept through an interview. “I don’t know what to do. My baby’s going to be killed tomorrow.”
Now, thanks to a last-minute order from U.S. District Judge Troy L. Nunley in Sacramento, Zeus has been spared until at least Sept. 28.
Nunley granted the temporary restraining order, writing in a six-page order that Kabir faced “irreparable harm” because of the “irreversible nature” of euthanasia. He added that because Kabir has offered to pay Elk Grove to house Zeus while she fights in court, the city is not out any money, and he noted that because the dog is in the city’s care “Zeus does not pose a threat to the safety of the public.”
Elk Grove Animal Service Manager Sarah Humlie did not respond to a phone message or email from The Bee about Zeus, but the city issued a lengthy statement late Thursday about the case that did not specify whether Elk Grove officials planned to kill the dog Friday.
“The city has a court order authorizing the humane euthanasia tomorrow,” the statement read. “However, the euthanasia procedure has not yet been scheduled.
“The city understands and acknowledges the concerns this case raises. However, the city’s primary objective in this case, and in all other cases involving dangerous animals, is to protect the safety of the public, particularly in a case such as this where an unprovoked dangerous animal has attacked individuals, causing injuries, on multiple separate occasions.”
That statement came before Nunley’s decision, and the judge ordered the TRO to be served to Elk Grove “as soon as possible” and gave the city until Monday afternoon to file any response in the matter.
Owner: Dog ‘jumped out in protection mode’
The tale began the afternoon of May 16 as Kabir was bringing Zeus home from a dog park. Kabir takes the dog there twice a day, she said, and this time had pulled into her driveway and was preparing to get him out of the rear of her SUV.
Kabir didn’t know it at the time, but there was a man standing behind her vehicle, she says, and the dog jumped out with his leash trailing behind and nipped at the man, causing what court papers describe as a minor abrasion that did not break the skin.
“He jumped out in protection mode,” Kabir said, adding that her dog has never been aggressive to anyone.
The city’s statement describes the incident as occurring as a man was walking the neighborhood on his lunch break.
“The victim was on the public sidewalk when a dog exited a vehicle parked in a driveway approximately 10 feet away, charged the victim, biting him on the back of his right leg,” the statement said. “When the victim tried to move away, the dog bit the victim again on the other leg.
“The victim was treated in the emergency room for his injuries, and reported pain in his legs, and difficulty sitting, working, sleeping, and engaging in other normal activities that continued days after the attack.”
Following that incident, animal control officials took up the case, scheduling a Zoom hearing on June 8 to determine whether the puppy was dangerous.
Kabir was on the video call waiting to provide evidence when technical difficulties dropped her, and when she called into the hearing by phone she was told she could not participate by phone, she and her lawyer, Christine Kelly of San Rafael, said Thursday.
After the hearing, officials declared the dog “dangerous” for a three-year period and said Kabir had until July 15 to provide evidence that she was complying with various requirements for Zeus — that she have a muzzle for him, that he was neutered, that a 3-foot leash be used and others.
The city contends it gave Kabir an additional three weeks to prove she was in compliance, “and notified her that the final inspection would take place on July 15, 2022.”
“Leading up to the final inspection, the city contacted the dog’s owner to inquire if she had any questions related to the dangerous animal regulations,” the city said. “The dog’s owner stated she did not, and that she would be ready to demonstrate compliance on July 15.”
On July 14, Kabir says, she showed up at animal control with proof that she was in compliance, but the official she needed to see was not in and she was told to go home.
Zeus bit Elk Grove police officer
The next day, the nightmare for any dog lover began.
Kabir said she was at work in downtown Sacramento when her father called to say animal control was at the house to take the dog away.
Kabir rushed home to Elk Grove to find animal control officers and a police officer there, and said she was an emotional wreck.
“I was literally shaking and in trauma and crying,” she said. “My poor dog Zeus was just sitting quietly in my room, but he knows I’m crying, he heard me,” she said.
Kabir says she hugged the dog and put his harness and leash on to escort him out, but that during the process the dog lunged at the police officer and apparently nipped him on his knee through his uniform pants.
“He just lunged at the officer,” she said. “I wish he didn’t do that. The officer was a nice guy.
“But that was the last time I saw Zeus.”
The city describes that encounter differently.
“During the final inspection on July 15, 2022, the dog’s owner was unable to demonstrate full compliance with the dangerous animal regulations,” Elk Grove’s statement said. “She did not demonstrate that she owned a muzzle or short control leash for the dog, that the dangerous animal was enrolled in obedience training, or that she carried the required public liability insurance to protect the public from any harm caused by her dangerous animal.
“As a result, the city was authorized by law to impound the dangerous animal. The owner brought the dangerous animal onto the public sidewalk, and, unable to control her dog, the dangerous animal attacked and bit a police officer who was standing peaceably by, in the street.
“The force of the dog’s bite tore through the police officer’s uniform pants, and wounded the officer’s leg, drawing blood. This incident was recorded on the officers’ body worn cameras, which is being released this evening along with the footage from the entire incident that day.”
Lawyer says seizure was mishandled
Kelly said the seizure of the puppy was mishandled, that Kabir “was frantic, terrified, and in the midst of them taking the dog the dog nipped an officer.”
“It’s my argument that it was a provoked incident and it wouldn’t have have happened because there was another way to do it,” Kelly said. “They could have brought a cage out, animal control could have put a muzzle on the dog.”
Since then, Kabir said, Zeus has been in a cage at Elk Grove animal services, kept away from others and wearing his harness full time until she managed to persuade officials to remove it two weeks ago.
Until his seizure, Zeus had never been alone for more than two hours at a time, spending his time in Kabir’s bedroom and never in a cage or kennel.
She’s been bringing the dog his toys and treats every few days, but has not been allowed to see Zeus, she said.
Last week, Kabir made an emotional appeal to the City Council, breaking down as she pleaded for members to spare the life of “my puppy.”
“My Zeus is like my child, he’s like my kid,” she said. “I don’t have any kids, I’m not married.”
Mayor says not all facts have been heard
Kabir said she has not heard from city council members since, despite urging supporters to call them to try and save Zeus.
On Thursday, Mayor Bobbie Singh-Allen said there is more to the story.
“There are facts of the case that are not being widely publicized by those critical of the city,” the mayor told The Bee. “The dog owner and her attorney have chosen to pursue litigation through the courts, which is their right.
“As that court process proceeds, a fuller and more complete record of the facts on all sides will be presented. In light of the litigation filed by the owner, I cannot further comment at this time.”
Kabir said she has been paying for Zeus’ detention so the city is not losing any money, and that she has spent $15,000 so far trying to save her dog. A GoFundMe account had raised $1,885 of its $5,000 goal to help pay for Zeus’ legal defense fund.
Dog expert: ‘Zeus is adoptable’
Kabir’s lawyer has filed a motion for a temporary restraining order for a “stay of execution” and requested that the dog be turned over to Kabir or an animal rescue organization pending the outcome of litigation.
Kelly also has filed a declaration from James Crosby, a retired Jacksonville, Florida, police lieutenant whose duties included overseeing animal cruelty investigations and management of dangerous animals, as well as investigation of 30 fatal dog attacks against humans.
Crosby wrote that his review of the case and videos from when Zeus was seized show the nip on the police officer “was minor and with training of law enforcement for the seizures of animals the nip could have been avoided.”
“I would not have seized the dog in the same technique and manner which was used by Elk Grove,” Crosby wrote. “In my opinion, both incidents were provoked incidents and would not be indicative of the Zeus’ inclination to bite when unprovoked.
“Both incidents were single quick touchings. Based upon this, his age, the ability for dogs of similar age to be trained, and the minor blemishes which resulted, in my expert opinion, Zeus is adoptable.”
That opinion — that Zeus is adoptable — is critical, Kelly said, because California law does not allow for a dog to be euthanized if it is found to be adoptable.
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