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<br />1 ClllHUAHUA attacked his face; that only then, did the disinterested and passive BEAR came to <br />2 his rescue. <br />3 NORA SERGENT: With tears and great Pathos(?), Bear is the bully of the neighborhood <br />4 Everyone fears the aggressive vicious Rottweiler, particularly this little old Hispanic lady and her <br />5 now dead 100b pet; that she was out on her deck at 7 :30 AM experiencing the morning while <br />6 Cookie did "his business" on the flowers at the second story level; that Bear broke free (he was <br />7 on a red leash, not the indestructible cable leash) rushed up the stairs and broke the back of her <br />8 little dog with one bite returning down the stairs with the victim in his mouth. <br />9 <br />10 Daniel Miller submits approximately 30 written letters attesting to the Rottweiler having <br />11 gentle and loving disposition and not being a danger to anyone or anything. <br />12 Nora Sergent submits some 75 signatures on a petition calling for the removal of Bear the <br />13 Rottweiler as a vicious attack dog and killer (and a community nuisance). <br />14 Discussion: <br />15 Daniel Miller testifies that the CHIIDJAHUA bit him on hands, arm, and face. Santa <br />16 Ana Police Officers testifY that wounds were from a bigger dog. Miller rebuts that a Rottweiler <br />17 would leave a tearing wound not a puncture wound and these were puncture wounds. <br />18 Each party had their respective conflicting theories as to why blood stains occurred in <br />19 various places. Conflicting testimony as to the leash used that morning. <br />20 Testimony conflicted as to whether the attack took place in carport or up the stairs toward <br />21 Sergent's second floor condo. Also testimony conflicted as to which dog attacked first. <br />22 Decision: <br />23 Based upon Santa Ana Municipal Code ~5-72(b) "The burden of proof shall be on the <br />24 animal control officer to show by a preponderance of evidence that the dog should be declared <br />25 vicious." <br />26 Based on all the facts, Mrs. Sergent's version is the more believable account as to what <br />27 transpired, and thus the preponderance of evidence is with the City of Santa Ana. <br />28 <br /> <br />3 <br /> <br />18A-5 <br />