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By Dave Toplikar (contact) 
Friday, Aug. 10, 2012 | 2 a.m.
Dog attacks, kills infant
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KSNV coverage of fatal dog attack and interview with grief-stricken father, April 28, 2012.
Sun archives
- Dog that killed baby still caged in Henderson (06-22-2012)
- State Supreme Court offers hope for Onion in whether it should be euthanized (5-29-2012)
- Rescue group pleads with judge to spare killer dog (5-25-2012)
- Judge to consider motions regarding dog that killed baby (5-21-2012)
- Judge says dog that killed 1-year-old boy can be euthanized (5-11-2012)
Onion, a family dog that killed a 1-year-old Henderson boy in April, still lives in a cage, waiting for the Nevada Supreme Court to decide his fate.
Since the matter went to the state’s high court in June, the city of Henderson has been unable to euthanize the dog, which has been declared vicious under city ordinance.
“There’s no change. We’re still waiting,” said Keith Paul, a spokesman for the Henderson Police Department.
So the 120-pound, 6-year-old Mastiff/Rhodesian ridgeback continues to wait on what might be considered an animal version of death row. He’s kept in two large connected cages at the Henderson Animal Control and Care Facility.
“He can easily stand and walk around and move from one side to the other,” Paul said. “I know he’s seen regularly by a veterinarian.”
It appears Onion could wait in those cages two months or more until the Supreme Court formally begins studying the matter, a court spokesman said.
Onion has been under the care of Henderson animal control officers since April 27, following the deadly attack on Jeremiah Eskew-Skahan, who was at his grandmother’s home to celebrate his first birthday.
The boy reportedly crawled to the dog and pulled on Onion’s fur to stand up, police said. The dog latched onto the boy’s face with his jaws and began shaking him, police said. The boy died at University Medical Center.
After the tragedy, the boy’s grandmother and owner of the dog, Elizabeth Keller, signed papers turning Onion over to an animal control officer.
The city was expected to euthanize Onion, in accordance with its vicious dog ordinance.
“He killed a 1-year-old boy,” Paul said. “Barring a court order, the city law is clear. ... When a dog kills or seriously injures a human, which this dog did and was declared vicious, city law stipulates he would then be euthanized.”
But a group called the Lexus Project intervened.
Lexus, an Oceanside, N.Y., nonprofit organization, has offered to provide funds to place and care for the dog in an animal sanctuary in Yoder, Colo., near Denver. Lexus filed a motion for a temporary restraining order in Clark County District Court to stop the city from euthanizing the animal.
Judge Joanna Kishner denied Lexus’ motion at a hearing in late May. In her ruling, Kishner did not determine what action the city should take with the dog but said Lexus had no legal standing to take the dog because the city now owns it.
Paul said nothing has changed with the animal’s status since Lexus filed its first documents with the Supreme Court in June.
Court records show that a nonpublic mediation attempt between the city and Lexus failed in June. The next scheduled action in court isn’t until September.
Bill Gang, public information officer for the Supreme Court, said Thursday the high court has scheduled Lexus attorneys to file briefs with the court by Sept. 24. In the brief, Lexus is expected to lay out its legal arguments for being able to take over custody of the dog from the city.
“This is just the start of the formal process,” Gang said.
After that, the city’s attorneys would have 30 days to respond to Lexus’ brief, Gang said.
Lexus would then get to reply in writing. After that, it would be up to the Supreme Court to decide what to do.
“They can decide it on the briefs; they can schedule oral arguments. Depending on what other motions come forward, they can rule on those,” Gang said.
There is a bit of information missing from this article.
The grandmother was owner and credits the dog for helping her survive cancer.
At the time of the incident, she signed papers while emotionally traumatized and as the city requires by law.
Since then, she has said she wants the Lexus Project to have the dog, and placed it in the sanctuary. Unfortunately, the form she signed removed her as owner.
That is the most difficult part of the process now, and Onion's life is in the hands of the Supreme Court.
Personally, I think the grandmother's wishes should be respected, as well as the emotional state she was in when told what she must do by animal control. What changes things is there is a viable option that protects the public and allows the grandmother's wishes to be respected regarding saving Onions life.
Onion was acting instinctively when awoken from sleep by the toddler grabbing his fur.
There is an alternative. Now the question is will mercy and wisdom save Onion's life?
Great Point Lilly, it's simply bad journalism to leave out that bit about the grandmother claiming she signed ownership over to the city while under duress. Inexcusable.
I see no comments about the cost to the taxpayers about this debacle. Wonder why?????????????
It seems to me, that any legal document signed UNDER DURESS is automatically rendered invalid, as was the signing of the dog's owner directly after, in a traumatized emotional state did. You would think that the City of Henderson's legal department would understand that and not subject this family AND the taxpayers to any further grief. Shame Shame Shame
If the Court's ruling does not favor the orginal dog owner and Lexus's pleas (considering the original owner signed under duress and within a short time rescinded), then it would most certainly set a new prescident about "decision making and signing under duress". God help our country if this happens.
Blessings and Peace,
Star
"considering the original owner signed under duress and within a short time rescinded"
I do not consider 17 days a short time
This dog needs to be destroyed. Enough already.
The adults at home are 100% at fault for this. Onion will never be around little children ever again. Allow the dog to live. It was not his fault.
Who deemed this dog "vicious"? Has he attacked other people in the past? One incident, no matter how vile, is not a good basis for make a dog vicious.
Look at the facts: He was asleep. Something (the little boy) "attacked" him; he reacted.
We don't put mass murderers to death. Why would we do that to a dog? And what is so bad about releasing him to Lexus?? Is it so the members of the Supreme Court can feel good about their decision that they ordered the death of a dog? Will that make them feel great and wonderful??
I think it's more cruel to keep him in a cage for months wondering where his family is. They should have just put this poor animal down immediately and spared this family the additional pain. Just a tragedy all around.
This LEXUS Project should be paying all fees for keeping this animal alive .. This dog should of been put down long ago. I don't care if the dog helped the grandma jump over the move. This was not a dog bite, it was a mauling death and if it would be in Lexus's project hands where they could use it for dog fighting or adopt out so another community member gets mauled. LEXUS project should be putting their money towards protecting humans from dangerous dogs..
By the way, Support the First ever walk for victims of Pitbulls and other dangerous dogs..Human and pet injuries cause lasting trauma and physcial pain... contact the blog for info on support groups for those injured by dogs also...
Support the first ever walk to honor VICTIMS of pitbull attacks. http://walkforvictimsofpitbulls.blogspot...
Aside from the fact that the dog chose to maul this child--not just bite because it was started--and should be euthanized because of that, Lexus Project has no right to interfere with the City of Henderson's property right in the dog. They have no "standing". It is as ludicrous of them to interfere with Onion as it would be for me to tell any of you what brand of dog food to feed your dog! The City of Henderson is the legal owner, plain and simple. The grandmother had plenty of time to change her mind but didn't (until way too late, if at all). I hope Lexus Project ends up paying the City for all of the costs of this nonsense. Lexus Project is guilty of cruelty by keeping this dog in a kennel for so long.
agree with almostanattorney!
Lexus project is guilty of cruelty. The family was set to put the dog down as it should be.
The Lexus project said previously that it wants to send the dog to the Blue Lion Sanctuary. Go to this woman's website. She is insane. There is no assurance of safety for the public but for the location.
It is insane that anyone wants to keep this dog alive. As far as provocation - if the child provoked the dog by climing on it, there is still a wide degree of responses to that, killing a child when provoked=death. go ahead lexus, make this dog suffer before death.
This decision must be so painful for the family. If the dog will be removed to the Lexus Project who is willing to take care of him, what is the problem? Stupid, because the dog is being kept and fed by Henderson and for what? After all this, it should be moot. Give the dog to them and let it live without coming in contact with small children. The dog is being kept on Death Row, not knowing that what he did was terrible. He is a DOG, not a human being!
It seems to me that it is insane to keep a killer dog alive. The dog would not be malingering in a cage if the Lexus project had not intervened. To what end? For what purpose? So he can sit in a cage instead of going peacefully to sleep? The dog has no unfulfilled hopes, desires or dreams and it killed a child. The end for him is the same peaceful end I am proud to have given all my pets at the ends of their lives.
Check out the crazy woman running the Blue Lion Rescue the Lexus project has picked out for Onion. The animals she feels are a appropriate to adopt out are dangerously aggressive. She appeals to the worst in people, trying to entice people to adopt a large, untrained mastiff puppy by saying take him to petco and scare the crap out of people.
Some adults to take charge a put the dog down.
Animals are being put to sleep daily that haven't hurt anyone.
Why is this killer Dog still alive it's a waste of the taxpayers hard earned dollars Nevada needs to make a law if animal kills a human being it will be put to sleep within 24 hours period!