Staff Reports
A Pine Harbor resident was the victim of a dog attack on Sunday afternoon that left her airlifted first to Marshall then Longview hospitals.
Kelsey Griffin, 26, sustained serious injuries but was able to return home on Monday.
Facebook posts indicated Griffin was walking along Woodside Drive when two dogs charged and attacked her. A man identified only as “Zach” online reportedly heard her scream and managed to get her away from the dogs. Kyla Cook made the 911 emergency call on the incident with MIMS EMS and MCSO responding.
The dogs, which were identified as a Pittbull and a Boston Terrier, are owned by Rachell and Milane Gibbons. The Gibbons’ provided MCSO with current vaccine information on the dogs.
According to MCSO, the Gibbons’ had been out of town at a funeral and were returning about the time the incident occurred. The Gibbons’ reported the dogs are kept in a fenced in area behind their home which is in turn, behind a second fence and gate. They stated the gate is kept locked and chained, but upon inspection, the lock and chair were not present, and the gate appeared to have been opened.
On Facebook multiple Pine Harbor residents posted the dogs have been out before and charged and bitten other individuals. However, MCSO did not have any incident reports of dog attacks or dog bites associated with either these animals or the Gibbons’.
The incident is still under investigation by MCSO.
“We have to determine how they got out,” said Marion County Sheriff David Capps. “Did they bite her off the owner’s property. If it was on the owner’s property, then it’s a different matter. We’re still getting statements and investigating the incident. We have a lot still to do.”
The victim was transported away from the scene of the accident to the entrance of Pine Harbor subdivision to both make it easier for EMS to respond as well as to get her away from the dogs.
Capps said his office has started the process of requesting the dogs be declared dangerous by notifying the Gibbons’ and filing a letter with Pct 1 Justice of the Peace Lena Pope. A hearing has been set for February 15 to make the determination.
According to Texas Health and Safety Code 822.041-42, a “Dangerous Dog” means a dog that: (A) makes an unprovoked attack on a person that causes bodily injury and occurs in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own; or (B) commits unprovoked acts in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own and those acts cause a person to reasonably believe that the dog will attack and cause bodily injury to that person.
Upon being deemed “Dangerous” the owner must register the dog with the animal control authority in the area; ensure the dog is restrained at all times via leash or enclosed in a secure area; have liability insurance coverage or show financial responsibility in an amount of at least $100,000; and comply with applicable regulations.
If the owners do not comply with the requirements within 30 days of declaration, must deliver the dog to the animal control authority. If the owner does not deliver the dog, upon complaint by another person, the court can order the dog seized provide for impoundment in a secure and humane conditions. The owner is responsible for the costs and fees assessed due to seizure and possible destruction of the dog. If the dog is seized and the owner complies with requirements, the dog must be returned to the owner.
If the owner maintains custody of a dangerous dog, and fails to comply with the requirements, they commit a Class C Misdemeanor.
The owner also has the right to appeal the dangerous dog decision to a county court.
Capps also encouraged residents to notify his office, by calling his office directly, to report activity on the various dog actions in the county so his office can have proper documentation on attacks, bites, and other potentially dangerous animals.
Capps is also encouraging the various Homeowner’s Associations in the area to create a process for residents to log issues with dogs – from excessive barking, to free roaming, to charging, to attacking – so his office can better help resolve the situation. Currently the county does not have any animal restrictions beyond what is outlined in State Law. He said he hopes to be able to sit down with the HOA Boards and assist them in outlining some procedures moving forward.
Capps also is encouraging all residents to take a few minutes to review the FAQs on Nolo.com dealing with neighbor disputes and what actions can and should be taken. The FAQs can be found at https://nono.com/legal-encyclopeida/neighbor-disputes The site also contains FAQs related to Neighborhood Dogs, Cats and other Pets and how to address issues related to them.