Surviving Benton County rottweiler ruled not dangerous after shooting incident. Here’s why
A Kennewick family is celebrating a small win following the tragic loss of two of their rottweilers in early March. A dangerous dog declaration has been dismissed for the one dog that survived.
The Swansons had three pet rottweilers living with them in a pocket of unincorporated county within the Kennewick city limits. The neighborhood off 10th Avenue is popular among dog owners.
The dogs were accidentally let out overnight. The family hoped someone would recognize the dogs, or they’d come home on their own. Instead, they were reported to the county as aggressive animals.
Three Benton County Sheriff’s deputies responded to the scene with assault rifles and pistols. Corporal Antonio Martinez decided the safest course of action, without being able to get help from animal control, was to shoot the dogs. He killed two of the three dogs, while the other got away.
Owner Michelle Swanson was not immediately informed of the dogs’ deaths. While waiting for that notification, she received a different, unexpected message. Her surviving rottweiler, Tank, was being looked at as a potentially dangerous dog. They’d have to go to court to avoid filing Tank as dangerous.
Benton County potentially dangerous dogs
The Benton County Code defines a dangerous dog as any dog that is on record having:
Caused severe injury to a person without provocation
Killed a domestic animal without provocation while off their owner’s property
Previously been found potentially dangerous, with the owner receiving notice, then again aggressively biting, attacking or endangering the safety of humans (not committing a crime) or domestic animals
The Benton County Animal Authority can declare an animal as potentially dangerous with probable cause that it fits this definition. Their declaration must be based on:
A written complaint from a citizen willing to testify the animal has acted in a manner fitting that definition
Dog bite reports filed with local agencies
The dog’s actions that are witnessed by an animal control officer or law enforcement officer
Other substantial evidence admissible in district court
To own a potentially dangerous dog in the county, a special permit must be obtained for $500, with a yearly renewal fee of $100. If determined as dangerous, the owner is responsible for proving to the animal control authority that the dog will be kept in a proper enclosure with a visible warning, a surety bond of at least $250,000 and a liability insurance policy of at least $250,000.
An official notice must be given to the owners of a dog declared as potentially dangerous. They can object to the declaration within ten days of receiving the notice. This leads to a hearing in district court, which is exactly what the Swansons did.
Hearing for potentially dangerous rottweiler
A hearing for the case was held April 23 in front of Judge Jennifer Azure.
During potentially dangerous dog hearings, the declaration must be supported by a preponderance of evidence, or else it’s annulled.
The case against Tank could not be proved, and the declaration was dismissed without prejudice, according to records obtained by the Herald.
“Most [dogs] have no fear of approaching a vehicle or wandering up to somebody,” Michelle Swanson told the Herald after the hearing. “Neither of those actions fit the definition of a dangerous dog, so they dropped the charges.”
Benton County Commissioners held a workshop with the Benton County Canine Shelter and Sheriff’s Office in early April to determine a better system between the two agencies, in order to prevent similar situations from occurring.
They are in the process of making proposed changes that will see the county’s canine shelter expanded to take on full responsibility for animal control calls.
