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