Judge Rules Dog A Nuisance

— Mellie the Pitbull isn’t a vicious animal, but a nuisance, according to ruling by District Judge Ray Bunch on Wednesday.

“A person in Bella Vista has the right to walk down the street without a dog hopping or jumping on them,” Bunch said after listening to testimony in a trial to determine whether Mellie was a vicious dog.

The story began in September when a Bella Vista police officer wrote Mellie’s owner — Katie Moore — a citation for having a vicious dog.

Mellie’s plight reached Facebook where a “Help Mellie” page was created to support the 5-year-old white pitbull. The page had 3,732 “likes” and 1,678 people talked about Mellie’s case. Some people feared Mellie could be put to death if she was determined to be vicious.

Tyler Rhinehart testified he was walking at about 8 p.m. Sept. 10, 2012, to the Walmart in Jane, Mo. He lives at McManigal Lane and reached a neighbor’s home at 2 McManigal Lane when he noticed a dog on the porch. The door to the home opened and two other dogs came outside.

Rhinehart said Mellie charged him as he stood in the road. Rhinehart said he turned and felt a tug on his back. He later found the dog ripped his shirt.

Bryan Vernetti, attorney for Bella Vista, wanted to know if Rhinehart was scared at that moment.

“Growling, barking and it getting closer,” Rhinehart replied. “Who wouldn't be scared?’’

Rhinehart said he continued to Walmart, but on the return trip began asking people in the neighborhood for a ride home so he wouldn’t have to venture by Mellie’s home.

Bella Vista police began to receive suspicious person calls concerning a man knocking on doors and asking for rides. The police ended up contacting Rhinehart.

Rhinehart admitted when questioned by Moore’s attorney Clint Lancaster he had been to Moore’s home after the incident with Mellie.

Darren McCoy, a Bella Vista police officer, testified the department received calls concerning a suspicious person.

Rhinehart told McCoy about the incident with the dog and the house where it happened. One officer gave Rhinehart a ride home and McCoy went to the scene.

McCoy said he talked with Moore and she told him about her dogs getting loose. McCoy said he wrote a vicious dog citation to Moore. Rhinehart said he did nothing to provoke Mellie. The citation was also based on Rhinehart’s shirt being ripped and Moore saying her dogs got loose, McCoy said.

Moore said Mellie was adopted four years ago and she spends her days sleeping, playing and cuddling with Moore and her son.

Moore said her boyfriend's American Bulldog — Baby — was barking on the porch and when he opened the door to let his dog inside Mellie ran outside.

“She went out fast,” Moore said. “She did a couple of bunny hops around him and jumped up with her paws on his (Rhinehart’s) jacket.”

Mellie’s owner claimed the dog “bunny hops” when she is happy and excited to see people.

Moore daid Rhinehart had been to her home before the incident and once petted Mellie. Moore said Rhinehart also had been to her home after the incident with Mellie.

“Has Tyler Rhinehart ever seemed to be afraid of your dog?” Lancaster asked.

“No,” Moore replied.

Lancaster submitted a photograph of Mellie with a one-month-old baby and a photograph of Mellie at a softball game.

Moore’s boyfriend Donnie Orck said he saw Mellie jumping around Rhinehart, but never saw Mellie’s mouth make contact with Rhinehart.

Bunch allowed Donna Miles, manager of the Bella Vista Animal Shelter, to testify as an expert concerning temperament and animal behavior.

“Do you think this is a vicious dog?” Lancaster asked Miles.

“Absolutely not,” Miles responded.

Miles claimed she observed and interacted with Mellie at Moore’s home and Mellie didn’t show any signs of aggressive behavior.

Vernetti called Rhinehart to the stand again where Rhinehart said he didn’t take Mellie’s actions toward him as being playful.

Vernetti asked Bunch to deem Mellie as vicious under the city’s ordinance. Vernetti reiterated Rhinehart didn’t consider Mellie’s actions as friendly and he was scared of the dog. “Friendly dogs don’t rip shirts,” Vernetti said while holding a photograph of Rhinehart’s shirt.

Lancaster said Mellie’s actions could have been a sign of friendship instead of an attack and it hadn’t been proven Mellie charged Rhinehart in an aggressive manner.

Bunch said he couldn’t say whether Mellie on Sept. 10 met the requirements of a vicious dog during the incident with Rhinehart. Bunch said Rhinehart’s shirt could have been damaged by Mellie’s claws or paws.

Bunch declined to deem the dog as vicious, but found Mellie was a nuisance on Sept. 10. Bunch ordered Moore to pay a $25 fine and $105 in court costs.

Vernetti argued during the hearing there was never an intention to put Mellie to death as referenced on Facebook.

“Your honor, the nuisance ordinance requires the destruction of the animal,” Vernetti stood and said after Bunch issued his ruling.

Lancaster immediately interrupted Vernetti.

“I’m joking,” Vernetti responded.

More than a dozen people came to the court to support Mellie. They applauded after Bunch announced his decision.

“I’m overcome with emotion,” Moore said. “This is a victory for a member of my family.”

Moore believes the incident was blown out of proportion because Mellie is a pitbull.

“She was excited to see Tyler,” Moore said. “That’s how she greets people.”

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