<p>Locklear</p>

Locklear

<p>Smith</p>

Smith

LUMBERTON — The victim of a dog attack is considering taking its owner to court after the canine was ruled potentially dangerous by the Robeson County Dangerous Dog Appellate Board.

James Walters was attacked by a pit bull on June 29 while trying to conduct a house inspection on Rudys Drive in Lumberton. Walters had completed the inspection of the home’s interior and was inspecting the exterior.

Two other dogs were outside, but secured, he said.

Walters noticed three people congregated in a van parked in the back yard. As his 21-year-old grandson moved past one of the secured dogs, the dog lunged at him and Walters yelled to warn him to be more careful.

“Outta nowhere out of the van, this third dog, that I didn’t know was there, he came out,” Walters said.

The dog, named Tunechi, was brought to the home while Walters was inspecting the interior of the house and allowed to run freely by its owner, Juventino Luna, according to Walters.

“This dog comes up and jumps right up in my face. … He was trying to get to my face or neck,” Walters said.

He held his clipboard up to protect his face.

“If those three people hadn’t been there, there’s not a doubt in my mind that dog would’ve got me on the ground and killed me,” Walters said.

The attack left him in “excruciating pain” and left a three to four inch scar on his chest where the dog bit into him, Walters said. He also underwent surgery and spent six hours in a hospital emergency room the day of the attack.

Luna could not be reached by The Robesonian for comment.

“Ultimately, Luna blamed the victim for provoking the bite and (said) that the dog was leashed at the time and held by an adult who was sitting in a van parked in the back yard of the residence,” said Gary Locklear, a county attorney.

Walters urged the attorney to argue for the county to put the dog down, Locklear said.

Luna gave a notice of appeal on July 7 of the Robeson County Animal Control’s determination the dog is a dangerous or potentially dangerous dog after the June incident. The matter came before the Robeson County Dangerous Dog Appellate Board on July 20.

The Appellate Board declared the dog potentially dangerous.

“I didn’t agree with the finding of the board,” Walters told The Robesonian.

The dog could have cost him his life, and poses a threat to others, including children, Walters said.

As part of the order, Luna is to build a secure pen in which the dog must be kept. If he is walked on a leash, he must be muzzled. Additionally, as stated by the county’s dog ordinance, he must get a $100,000 liability insurance policy on the dog.

“The pen restrictions follow the dog, regardless of whereabouts. Failure to build the approved structure within a reasonable time (after the time allowed in the ordinance, and pay the accumulated fees) means the dog will be put down,” Locklear said.

The ordinance allows for three weeks to build the pen and have it approved by Animal Control. The dog is being held at the Robeson County Animal Shelter in the meantime.

“We ask that progress be made within two weeks,” said Bill Smith, director of the Robeson County Health Department.

“[T]here has been an ongoing discussion about where the animal would be housed (whose property) and neutering of animal so the clock has not started. However, every day the animal is held, boarding fees are being charged and must be paid before the animal is claimed,” Smith said.

This is not the dog’s first bite, Walters said. Another person was bitten in March and had to undergo vaccinations because the dog was not up to date on rabies shots, according to Walters. The dog was held in the county’s animal shelter then returned to Luna.

“Yes it (the dog) was returned after quarantining and vaccination — the dog was on its property and the person came onto it. This was introduced into the hearing,” Smith said.

“He (Luna) is still identifying property to place the animal. He then needs to get insurance and build the pen, plus have the dog neutered. It is a slow process,” Smith added.

But Walters will continue his fight for justice, which is to “put that dog down” and “to cover the expenses that I’ve got.”

The attack has caused a financial burden on Walters. The ambulance ride alone cost about $500 and the ER visit about $7,000, according to the case filed by the Appellate Board, which was obtained by The Robesonian.

Walters said he had not obtained a lawyer as of Thursday, but he intended to seek legal avenues to recoup expenses including being out of work in July while he healed.

If Luna doesn’t follow the rules set forth in the county’s dog ordinance, other people can be harmed by the animal, Locklear said.

“The dog owner was extremely fortunate that the dog was only declared to be potentially dangerous,” Locklear said.

Reach Jessica Horne at 910-416-5165 or via email at [email protected].