Complaint Review: Phoenix Police Department & Maricopa County Animal Control

The following is a true account of this citizens experience with failure of the city and county agencies assigned to, and paid to protect citizens from serious violent attacks by roaming pit-bull terriers in city and county limits:
Pitbull Bite/Attacks

Plaintiff(s): William David Hill (602) 488-1899
1741 E. Flower St.
Phoenix, AZ 85016

Chad Lee Mooney (928) 634-3911
3715 E. Camanche Dr.
Cottonwood, AZ 86326

Visit to VA emergency room: Approximately 8:00am, 08/31/03
Calls to Animal Control: (602) 506-7387
1. 08/31/03
2. 09/01/03
3. 09/08/03 told no current license or rabies vaccination also given bite report no. 4106

First Violent Attack

At approximately 5:00 5:30pm on the 30th day of August 2003, while Chad Mooney was walking my Gordon Setter Odin in the alley behind his grandfather's house, (Eddy Mooney 4614 E. Pierce St., Phoenix, Az 85008) a male pitbull terrier from the next door neighbor's house scrambled under the fence and attacked my dog. Chad after the pitbull hit my dog, released my dog and ran to his Grandfather's house to get me. I ran into the alley where I found the pit-bull attempting to get the well known death grip on my dog's throat. I stepped in and began fighting to get them to release.

During the following harrowing moments I was bitten in my left hand. During this time I looked up and saw the owner of the pitbull just standing there staring at the on going struggle and I, not politely at all told him to help me get his dog off my dog. He then jumped over his 3 or 4 ft chain link fence and pulled his dog off. He immediately threw his dog over the fence and then jumped the fence himself and went into the house.

He did not say one word to me, or the young boy who was in control of my dog at the time of attack. He didn't ask if the boy, I or my dog was ok. Before I left Mr. Mooney's house I washed the deep puncture wounds in my hand, applied disinfectant and wrapped the hand with gauze. During this time Chad witnessed the owner of the vicious pitbull attempting to reinforce the fence to keep the dogs in, Chad's father Tom and I also heard this hurried construction going on. Animal Control went to the house at 4620 E. Pierce to place the pit-bull terrier on a ten day quarantine, which the owner refused and was cited for. He was also cited for not having current license and did not have current rabies vaccination. I was informed of these facts during my third call to animal control on the 8th of Sept. 2003.

Additionally, on the 6th of Sept. 2003 Eddie Mooney again called animal control to report the male pit bull out of the yard and in his yard. When animal control showed up the dog was apparently back in his own yard and the animal Control officer stated there was no record of a bite report or the dog ever being a problem with not staying in his yard, obviously false information, stated for unknown reason by employee of the County who's duty it is to protect the animals and people in his area of operation. The City prosecutor's office has since taken over this case and filed to have the pit-bull deemed vicious and thereby put up for destroy order.

Eddie Mooney and I appeared in court to testify on this matter January 6th of 2004 where the defendant failed to appear, a warrant was issued for his arrest and prosecutor filed for destruction order for the pit-bull in the case. No further news of this case is known by the victim. Although we have repeatedly seen the defendant around town, out of jail and have heard the dog is still alive living at the defendant's Mother's house and being bred for more pit-fighting puppies, bred, raised and trained to fight and kill other dogs.

Victim/Witness
Chad Lee Mooney; Eddy Mooney's Grandson who was walking dog at time of attack.
3715 E. Camanche Dr.
Cottonwood, AZ 86326 (928) 634-3911

Victim/Witness:
Eddie L. Mooney, Chad's Grandfather (602) 275-6153
4614 E. Pierce St.
Phoenix, AZ 85008

Victim/Witness:
William D. Hill (602) 488-1899
1741 E. Flower St. #7
Phoenix. AZ 85016

Defendant:
Santos E. Espinoza; Prosecutor's Case# State v. Santos E Espinoza; Case No. 013982
4620 E. Pierce St. Owner of the pit bull terrier
Phoenix, AZ 85008

Defendant:
James Fleisher, Owner, Landlord of house (602) 273-0796
P.O. Box 60201 Pager# (602) 250-6960
Phoenix, AZ 85082 Cell# (602) 918-7407

Defendant(s):
Darrel Gunnison, Renter on the lease of the house (602) ?
4620 E. Pierce St.
Phoenix, AZ 85008

Second Violent Attack

Unfortunately the history of the pit bull owner's disregard for the safety of neighbors and their pets doesn't end here. Since the original attack involving William Hill, and his dog, Eddie Mooney has had to repeatedly call animal control to report the pit bulls being out of their yard, attacking dogs in the neighborhood and even to get into his own house as the dog would not let him near his own front door.

This story of the dog owners disregard and the County Animal Control's failure to protect the residence of this neighborhood has now, on this the 6th day of December, 2003 resulted in a young girl walking her dog on a leash being attacked and bitten by the female pit bull residing at 4620 Pierce St. Daniel Miller was walking her dog when another of Santos Espinoza's dogs, (again escaped the yard) and attacked Daniel's dog and even bit her when she attempted to stop the attack.

Eddie Mooney was forced to leave his residence and come to the aid of the woman and her dog. Daniel was knocked down and bitten, she released her dog and it was able to escape. Mr. Mooney although aged and in poor health was forced to place his health and life in danger in order to stop this attack by another of Espinoza's fight trained pit bull terriers. After the attack on Mr. Hill and his Gordon Setter Odin, the male pit bull residing at 4620 Pierce St. was moved to Mr. Espinoza's Mother's house. The dog that attacked Daniel Miller is a female that still resides at 4620 along with a couple of puppies from the mating Mr. Espinoza made with these two obviously dangerous and vicious fight bred pit bull terriers.

The history of these cases is one in which the animal control officers and personnel involved personally lie to anyone who calls in regards to the reports and information as to the history and attacks perpetrated by these vicious dogs and repeatedly say that they can do nothing to protect the public that on numerous occasions asks for protection and assistance in handling this dangerous tragic situation. Animal Control personnel responding to calls have even gone so far as to state that there is no bite report on the dogs in question.
Latest Victim:
Daniel Miller: (602) 275-4024
4708 E. McKinley
Phoenix, Arizona 85008


Victim/Witness:
Eddie L. Mooney (602) 275-6153
4614 E. Pierce St.
Phoenix, AZ 85008

Third Violent Pit-Bull Attack:


Early on the morning of February 7th, 2004 as I prepared to leave my residence to perform some errands; I put Odin, my 2 year old Gordon Setter on his leash, grabbed my crutch and headed out to the front of my residence to allow the dog to go to the bathroom before I left. I made it to the sidewalk and began to turn left and walk the dog. Odin turned his head towards the rear of us and let out a small growl. I turned just in time to see two pit bulls charging to attack no more than five feet away from us. As the white pit-bull closed in on Odin I lifted my crutch and clobbered him on the head. I then swung my crutch in a sideways motion and landed a good blow on the side of the reddish brown and white pit-bull coming around the back side of me. I jerked Odin's leash placing him behind me while I faced off with the two pit-bulls. The white one seemed to be still stunned from the blow he got on the top of his head when he first initiated the attack.

The reddish brown on was still on the move and when I looked directly at him, while screaming and growling at the top of my lungs and advancing on him, he attacked, not my dog, but me, a citizen, a human being. I then clobbered this pit bull on the top of the head with my crutch. Both of these obviously vicious but cowardly dogs turned and ran up E. Monterey Way off of 18th St. towards the canal underpass at the 51 Frwy. I'm crippled with a crushed right ankle and have never been thankful for this injury or its after effects, but thank God that I had that crutch, thank God all three of my blows delivered in no more than a 3 to 5 second period of time landed surely and squarely where they were aimed. Otherwise, my dog Odin would have surely been dead and I myself would surely, if the reddish brown and white pit-bull had his way, have suffered serious bodily injury.

As soon as I saw the pit-bulls reach the canal end of Monterey Way, I went to my residence, checked my dog over for injuries and called 911. When the officers arrived they listened to what happened and said they were leaving in an attempt to find the dogs that attacked my dog and I. The tall African American officer who arrived with the female officer had his notepad out and appeared to be taking my information for a report, he even asked for my phone number and said I would be notified if they found the dogs. That is the last I ever heard from the police in regards to this incident.

On Monday, the 9th of February around noon, I called the prosecutors office that happens to be handling the two previous cases of pit-bull attacks involving myself, my dog and a twelve year old girl and her little dog. It was then I was informed that she could find no record of this report on her computer or printouts available to that office.

I then called the police department and was shocked to find that there was absolutely no report filed in this very serious and in fact life threatening matter. When asked why I was not informed of progress in regards to the investigation of this violent attack incident, I was further shocked to find that there was no ongoing investigation of the attack. The woman on the police phone line said I should call rabies/animal control to report this incident as the police have no further involvement in the case.

With regards to the animal control agency doing anything about this case, my previous experience is that they lie about whether reports have been filed with them, they have no authority to act to protect the public and they don't seem to want to get involved. At this point, I have left a message with the prosecutor's office for them to call back and provide some guidance or assistance on what my next move should be. It sure seems insane that the police don't file a report on a 911 pit-bull attack incident, especially when it involves not one, known to be deadly, extremely dangerous animal but two of them at one time.

As usual, it appears that someone must be killed or very seriously injured to the point of death before the people paid to serve and protect will lift a finger to do the job they are paid to do.

While waiting for the call back from the county prosecutor's office in regards to what to do when the police, the animal control or any of those paid to protect people in the city streets, I got fed up and went for a little ride on my mountain bike and within five minutes had found the dogs responsible for the attack on myself and my dog.

They are currently residing at 1828 Cheery Lynn Rd., Phoenix, Arizona along with another male pit-bull. I talked to the lady of the house and informed her of the attacks. She claims, the female, (white) pit-bull was out, as was the (reddish brown and white) male. The reddish brown male pit-bull was picked up that morning by animal control and she has the paperwork from the pound verifying that fact. The female returned home or was caught and returned by the owner. I explained what happened on the morning of the 7th of February and she claims the reddish brown and white male couldn't have had anything to do with the attack because he was in the pound.

Obviously both dogs were out. The attack was perpetrated by a white pit-bull and a reddish brown and white pit-bull early on the morning of the 7th of February. Clearly a simple check of when the 911 call was placed and when the reddish brown and white male pit-bull was picked up would clarify this issue. The eyewitness/victim, myself has identified both animals as the ones that attacked my dog and I; Animal Control had a pit-bull in their custody on the late morning of the 7th of February who had earlier that morning attacked a human being on a residential street in Phoenix, Arizona.

And because the police who responded to the 911 incident report of the attack didn't file a report and because there is obviously no system whereby the police and animal control share information about very serious and dangerous attacks involving animals known to in fact kill, injure and maim humans nationwide. This vicious, dangerous animal is now at home with his family just waiting for the chance to get out and roam the neighborhood looking for dogs, or if they attempt to get in the way, people to attack, injure or in the worst case scenario, kill.

I got a call back from Karen Orton at the prosecutor's office who is in charge of the case of two pit-bull attacks cited above. I'm informed that there is nothing much she can do about this mess of government failures to do anything or in this case even investigate the allegations of violent attack of a human being by pit-bulls on a residential street in Phoenix. She says to call animal control and continue to get some party to act on this issue. I will call but with that entity's past performance and lack of protection provided therein, I have little hope that they will perform the duties they are paid for. Will continue with the history of this attempt to get satisfaction, action or even protection supposedly guaranteed by the laws, policies and constitution of this land, state and county, after I've contacted the animal control department and see for myself what type of response or action I get from them. (Will capitalize governments and government agencies if and when I find or feel they deserve that respect).

On Tuesday morning approximately 9:30am I sent an e-mail letter to Animal Control through their own website, in which I detailed the account of the attacks that took place on the 7th day of February, 2004. I also called the office of Animal Control at approximately 1:15pm that day and gave a full description of the attack, failures of the police department personnel involved in the 911 emergency call of the 7th, Saturday and provided them with the address of the owners of the two pit-bull terriers I, personally identified at said residence as those involved in the attack, not only on my dog, but when I interfered, myself by the brown and white male dog. I was told that because I was able to protect myself and my dog from these obviously vicious dogs there would be no citation written for the attack incident. I was told the owners would be given a warning and that is all.

This clearly leaves this neighborhood and anyone who lives here and likes to walk their dogs in danger of serious life threatening attack by at least the male dog, if he is out, intends to attack the neighbor's dog and the neighbor attempts to stop this pit-bull from killing his pet. Clearly we are left at the mercy of this dog owner's ability to keep these dangerous dogs penned up. I inspected the fences at the residence at 1828 Cheery Lynn Rd. and found them to be severally lacking in security concerns when you're talking about three very active and at least two very dangerous and deadly pit-bull dogs. In fact when I spoke with the woman who claimed to be the owner when I went and found the dogs after the police failed, she stated, we've been piling boards and such against the fence in an attempt to keep them from getting out.

Piling boards and such against the clearly unsuited fencing doesn't sound too promising to this victim of an attack that clearly was meant to kill my dog, and more seriously, kill me if I intended to get in the way of the killing of my dog. I, for one do not feel safe with it left the way the police, animal control and the owner has left this problem. I will protect myself, my property and my dog from this threat with whatever force is necessary, that includes lethal when and if that becomes a necessity.

All of the foregoing statements are true to the best of my knowledge and belief.

_____________________
William D. Hill
_____________________
Witnessed hereto by

William
Phoenix, Arizona
U.S.A.