Judge decides the fate of dog that killed 1-year-old
Las Vegas, NV (KTNV) -- A Clark County District Court judge has cleared the way for Henderson to euthanize a Mastiff-Rhodesian Ridgeback mix that killed a 1-year-old boy.
Judge Joanna Kishner lifted a restraining order that kept Onion from being put down on Tuesday.
Kishner said the New York-based rescue group, the Lexus Project, had no right to challenge municipal codes in Henderson, Nevada that deemed the dog vicious, and could not circumvent those codes by setting up a trust fund to place him in a Colorado sanctuary.
The fatal attack has become an emotional issue in Southern Nevada. Many wonder why an out-of-state rescue organization took an interest.
According to Lexus Project attorney Chandan Manansingh, it was a test case. After court he said, "It's novel issue, we would admit that, but it's been litigated in 16 other states. Nevada is one of the first states to our knowledge to deny this type of standing to someone that's established a trust."
Judge Kishner said, "A third party cannot just come in and state, on their own, they just wish they could be part of a case."
Kishner sided with Henderson city attorneys who argued Onion's owner voluntarily surrendered the dog to animal control after his fatal attack on one year old Jeremiah Eskew-Shahan on April 27th and agreed to have him put down.
Local animal rights activists insist, Onion is being unfairly punished.
Stacia Newman of Nevada Political Action for Animals said, "It's a very sad day when an animal is viewed, and this is a family pet, family member, that they're treated the same way we would discard a refrigerator or a stove."
But one protester at a rally held before the hearing, echoed the sentiments of many.
Brad Keith said, "I think most of the people feel the same as me. That, I mean, if this dog killed a one year old baby, he's a human being. He should be put down."
The judge's ruling isn't official until it's filed with the court. That could take a couple of weeks. The Lexus Project attorneys say they plan to appeal.
Meanwhile, Henderson has the legal right to euthanize Onion.