Max, a 9-Year-Old Shih Tzu, Is Saved from Exile After Biting Girl
Ankeny City Council members voted against "vicious" label for pet who bit a 5-year-old girl
Photos
Five-year-old Josie Babcock was a few doors away from home when she spotted Max.
The nine-year-old shih tzu was a familiar sight to the kindergartner as she made her way home from a nearby friend’s house.
Josie had petted the dog before. But on April 13, something went wrong when she leaned in for a hug.
Max, who was unattended, unleashed and was handling his business on his unfenced front lawn, bit Josie on her upper lip. She suffered nine stitches.
“My biggest fear is Max now has the taste for human blood, knows my daughter’s scent and may cause another incident in the future,” said Melanie Babcock, as she stood before Ankeny City Council members Monday who were deciding the dog's fate.
Did the council make the right call in granting Max a reprieve? Tell us your thoughts in comments below.
She told the council that Josie knew Max. She said her daughter has been
taught about safety around animals.
“I’d like to think we live in a community that values our children more than our pets," she said.
“Not Aggressive”
Lynn and Ted Deal have lived in the same house for 43 years. Max has been their “family dog” for nine years. Lynn Deal said her husband had just stepped back into the house for a moment before the child was bitten.
Deal said she immediately went inside to pray for Josie.
After Josie Babcock’s mother, Melanie, filed a report with city officials that night, Max was put on 10-day quarantine. According to city ordinances, he met the definition of “a vicious animal” at the time because the bite was above the child’s shoulders, said Ankeny Police Department Lt. Ed Hamilton.
The Deals were served with a city notice for “vicious animal’ on April 24. On April 25 they appealed that determination. Hamilton said they found no previous bite history with Max.
On Monday, Josie’s father, Troy, told the council that he wants the dog removed from the neighborhood near the 300 block of North Oak Drive. He said his daughter had just been trying to “give it love.” He said he fears for the safety of other children in the “high kid traffic” area where Max was left unattended.
“Whether or not this dog is given a second chance to harm another child depends solely on the council’s decision,” he said. “Whether or not my daughter’s scars will heal properly is yet to be determined.”
Mindy Carratt, the Deals' daughter, apologized to the Babcocks and stressed that Max is a good dog. She said children must be taught how to act around animals.
“He is and always has been a very loving dog,” Carratt said.
Josie’s grandmother, Marlene Babcock, told the council about Josie’s facial scars and showed them her picture.
“I’m afraid the emotional scars will take a lot longer to heal,” she said.
“We love kids. We do not wish harm to any child or any adult,” Ted Deal told the council.
City officials Monday decided that Max’s actions did not meet the criteria of “vicious.” City officials said for Max to be considered as such he would have had to be out of his yard and have had “violent propensities” in the past.
“The dog was not considered at large,” said Hamilton.
Emotional Decision
The council decision reversed an order that could have called for the removal of Max from Ankeny city limits or possibly his destruction, Lynn Deal said.
That decision saddened Melanie Babcock.
“I’m not happy,” she said. “I would just like a guarantee that this isn’t going to happen again and no one can give me that.”
Ted Deal said he felt “good” about the decision that spared the “little fella” who stands 12 inches tall. He said his grandchildren and others interact well with Max, who has since been licensed.
“I am convinced that Max felt threatened when Josie got down to his level face to face and tried to pull him in for a hug,” he told the council.
Lynn Deal looked pained when she considered what would have happened if the council had voted to require Max removed from the city of Ankeny – or worse – destroyed.
Her daughter-in-law, Lynnette Deal, described Max as “calm.” She said her children have spent time around Max since he was a puppy.
“This was what I believe to be an isolated incident,” Lynnette Deal said.
Now, Max is on a leash any time he is outside.
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Deb Belt
9:10 am on Tuesday, May 1, 2012
Did the council make the right call? The dog knew the girl he bit, but the pooch was in his own yard.
Kay Smith
8:15 pm on Tuesday, May 1, 2012
How very sad that a gentle little girl who loves dogs and has a small dog for a pet (whose parents obey the city leash law) would be bitten in the face by the neighbors dog that she considered her friend. How sad that so little concern is for her by Lynn and Ted and that no effort was made by them after the attack in showing concern--just to go into the house to pray. It is difficult to understand how the City Council ruled in the manner that they did ... when authorities had recommended that the dog be removed from the city limits. While it is very concerning for Josie's future emotional and medical procedures and expenses...we should all join Ted & Lynn in continuing to pray for Josie and that no other children are attacked by this "calm" dog.
Dana Fedman, CPDT-KA
12:39 pm on Tuesday, May 22, 2012
The dog very well could have been perfect with the little girl if not for her hugging him. It's pretty hard to communicate to a child of that age not to hug dogs. This is why dog trainers annoyingly insist that children be supervised around dogs. Unfortunately many adults don't know basic safety around dogs and this would have gotten by them. Safety-wise, it's best to assume dogs don't like to be hugged. Maybe your own does but, well, this is what happens when they don't.
Fran Scott
10:15 am on Tuesday, May 1, 2012
The owners of the dog appear to be the problem. They were in violation of city ordinances regarding leash laws and were allowing their dog to run outside without supervision in an uncontrolled area. Maybe instead of running inside to 'pray' they should have tended to the girl's medical and emotional scars that sound like have resulted from this incident. Did the Deal's receive a citation for failure to control their dog?
Donna Bruns
11:32 am on Tuesday, May 1, 2012
I don't get it. Doesn't anyone involved have a heart. How would Deals feel if that had been their granddaughter. That dog is a danger. Lovable and in an instance attacks. The blame does belong on Josie. She is a typical little girl. I wonder how long before the dog is left unattended again. He wasn't even licensed so I see no responsibility in that household. Personally if an animal I owned had torn open a child's face leaving permanent scars I would have no choice but to remove the animal. But then people with no conscience don't feel compassion. I pray little Josie is OK and I pray that Max's family do the right thing. Regardless of the cities decision.
Donna Bruns
11:42 am on Tuesday, May 1, 2012
Let me stand corrected in my previous statement. "The blame DOESN'T belong on Josie."
Dave Bennett
11:43 am on Tuesday, May 1, 2012
This is rediculous. An unlicensed, undocumented animal bit a little girl. The unlicensed animal should have been destroyed immediately and the owners arrested! There is no remorse from the animal's negligent owners. Rather than go inside and pray, why didn't they call an ambulance...or do everything they could to help the girl, rather than their vicious little animal? Since the Council decided to not label the animal as vicious, a judge will have a MUCH easier time ruling in favor of the Babcock's complaint during the lawsuit. Lifetime disfigurement. Pain and suffering. A new fear of dogs. This is serious. The vicious little animal was unlicensed, unattended and in an area that was accessible to children. This is negligence. The fact that the animal's owner is the owner of the property does not matter. It's no different than being in a dog park.
Micki Rehard
12:41 pm on Tuesday, May 1, 2012
The City Council should be ashamed of themselves! Why is their compassion for the dog and not the little girl.... who is probably going to have physical and emotional scars from the incident. What if this had been their child or grandchild? The Deal's have been totally irresponsible when it comes to obeying our city ordinance of having dogs licensed, leashed and under control at all times. The rest of us have to obey this law...why don't they?
Jennifer Walker Stejskal
12:51 pm on Tuesday, May 1, 2012
If this had been a pit bull the outcome would have been different. It doesn't matter that the dog is only 12 inches tall. It was unlicensed, unleashed and unattended. Sad that society places the blame on a child when the adults involved don't feel the need to follow the laws.
Angela Eddinger
2:30 pm on Tuesday, May 1, 2012
If the dog bit one child it WILL bite another. It is that simple. Everyone should have to obey the law. This poor child needed stiches for crying out loud. Just what is the Council's definition of vicious?
Traci Grant
2:42 pm on Tuesday, May 1, 2012
I agree whole-heartedly with Jennifer. The size and breed of this vicious animal should not give reason "save" it! Unattended, unleashed and unlicensed equals an irresponsible pet owner! I am a believer, however rushing into your home to pray for Josie will not heal her physical and emotional scars. Were you praying for Josie or were you praying your "family pet" would not be destroyed, or perhaps that Melanie and Troy would not take legal action against you for being negligent and irresponsible pet owners?
Mollie
3:31 pm on Tuesday, May 1, 2012
I have an 8 year old Shih Tzu. I have a 6,5 and 4 year old and she is wonderful to my kids. She, however, does not like to be picked up and my kids and any other child/adult is made aware. She has a sensitive area on her that if caused pain will make her snap. Therefore, don't pick her up. I teach my kids the same with ANY animal. This isn't a vicious dog but perhaps had a sore spot that was unintentionally hurt when this little girl tried to pick him up for a hug. Was an adult present with Josie? Had this dog been leashed, would that outcome be different? we won't know that answer. It's an unfortunate and horrible situtaion for everyone. The owners are not bad people, they are like any of us who have children, grand children and own a pet. It's our responsibility to watch our animals, as well as our children. I don't let my kids even go down the street with out me having an eye on them. I don't allow them in the neighbors yard, especially without an adult present. I have neighbors and see houses close to schools with pets wandering freely, on their property. I am sure they don't feel their dog would harm anyone. Awareness will hopefully come out of this tragedy for everyone. Physical and emotional scars...possibly. There could be emotional scars to Josie when she's old enough to understand a dog was "put down" for an unfortunate accident had that happened too. It's horrible for everyone involved and I will be preaching to my kids tonight!
Jenny
3:40 pm on Tuesday, May 1, 2012
It's not the little girl's fault. It's not the dog's fault. It's the dog owners fault. Some of you are saying the dog ripped open her face. She has 9 stitches. She will have a scar and maybe be leery of dogs for a while. The Deals should have to deal w/the medical bills of the girl and whatever citations from the city. The girl's parents also should have/or should make sure she understands that you don't go up to a animal that is not yours without the owner being present. I would understand the outrage more if this was something the dog has done before or had other aggressive behavior reports, but I do not see that mentioned in the news article anywhere. People settle down now.
Jenny
4:03 pm on Tuesday, May 1, 2012
...by the way where was the adult supervision for the child?
Troy Babcock
7:04 pm on Tuesday, May 1, 2012
Yes, and she had played with the dog earlier that day and felt safe with it.
Jacquie Holm-Smith
8:18 am on Friday, May 4, 2012
Jenny - totally agree with you that how the adults react to this situation will have a greater impact on her emotional "scars" than the physical injury ... she could have fallen off a swing and gotten 9 stitches. Hate to see an anti-dog hysteria, when having dogs or any pet is shown to have many physical & emotional benefits!!
Kelly Hines
3:53 pm on Tuesday, May 1, 2012
Where's the justice for Josie? A little girl gets bitten by a dog, she is left not only with emotional scars but physical scars as well. These scars she will carry with her forever! She doesn't get a second chance, unlike the dog she will be scarred for life! Not only will she be reminded of this incident everytime she passes the dog outside, while she's playing, riding her bike, going to and from school, but she will also be reminded EVERYTIME she looks in the mirror! Do these people not have a conscious? What if it were their child? By no means is this Josie's fault! If you own a dog, it must be licensed! If you own a dog, it must be supervised or leashed! Obviously the Owners are in the wrong here! Are they receiving any penalties for their part? How dare you go inside and pray for the child, how about assisting in making sure she is ok first, pray second.... After all it is your fault this happened to her!!! Morale of the story a vicious dog who bites small children gets a second chance, and the innocent victim shall remain scarred only to re-live the incident everytime she sees the animal! City council is definitely NOT for the people!!! I will pray for Josie, because I, unlike city council care about the well-being of this child!
Marie F
12:21 am on Thursday, May 3, 2012
Of course, this incident is by no means the little girl's fault, since she is only a kindergartener. But, how the adults handle it will lessen any scars she may carry for life, especially emotionally, and especially after seeing the comments here. With the advances in suturing our Drs. have now, this physical scar hopefully will fade into the fabric of what her face will become, and never be an issue for her. Emotionally...Not so sure.
Marie F
12:40 am on Thursday, May 3, 2012
Good for the parents to go before the city council since this never would've happened if this dog was- inside a fence? Maybe, maybe not- but good to raise awareness since this city is very dog-friendly. But, saying this dog will now have the taste of human blood is too much, as well as knowing a human's scent to attack in the future? Was this dog a pit bull, a wolf-hybrid, etc, that would seem to be able to kill and maim? No, just a little doggie. It seems these parents have a small dog, and this could've happened with their dog, right? They taught their child about dogs, as any responsible parent would do, whether they have one or not. Such overplay- to raise an issue that needs to be addressed here. Many of us have been bitten by small dogs in our lives, and for me, I'm just grateful that dog was not much larger!
Heather
5:39 pm on Tuesday, May 1, 2012
Thank you to the Ankeny City Council for using common sense in this situation and not defining a dog that was in its own yard as being vicious. As unfortunate as this situation is, the main problem that I see here is the fact that an unsupervised 5 year old is allowed to wander in a neighborhood alone. I am a pet owner of two dogs and though my dogs are contained in their own fenced back yard, I am amazed by how many children walk up to the fence to taunt them or grab them through the fence. I constantly have to supervise a situation that should be taken care of by their parents. Yes, my pets are my responsibility and I take care of that on my end but where is the parent’s doing their due diligence? I feel bad for what happened to Josie but this was situation was preventable as she should have never have been in their yard in the first place.
Troy Babcock
7:02 pm on Tuesday, May 1, 2012
The child was not unsupervised. She was walking home with her friend and her friend's mother. thought I would clarify
Jacquie Holm-Smith
8:12 am on Friday, May 4, 2012
Agree!!! Totally preventable ... sounds like everyone involved has learned a lesson. Lucky it wasn't worse!
Steve and Sandy
6:05 pm on Tuesday, May 1, 2012
Wait a minute was the girl walking by herself? Maybe this is a good wakeup call for the parents. Be thankful is was a dog bite and not a kidnapping you had to report. Not that the Deal's should be allowed to keep this dog within city limits but where is the parenting or supervision of the 5 year old? Maybe this needs to be reinvestigated on both sides. 1 - the pet owners, they should not be allowed to keep this biting dog withing city limits plain and simple. 2- the parents of the girl; what kind of supervision are they providing for this 5 year old? Shame on the city for letting this slide, shame on the Deal's for not supervising their dog and same on the Babcock's for not supervising their daughter. Now everyone be thankful it could have been so much worse.
Melanie Babcock
6:49 pm on Tuesday, May 1, 2012
NO, Josie was not by herself!!! She was walking home with her friend's mother!!!
Jacquie Holm-Smith
4:59 pm on Wednesday, May 2, 2012
This is an unfortunate situation, but an isolated incident with these circumstances does not make the dog "vicious" nor will he likely crave the "taste of human blood." Human expressions of affection often have the opposite "canine" translation - "hugging" being one of the most common. It threatens a dog's space. Not all dogs find it as offensive, and some may readily accept it with family members; but Max's reaction is not surprising with someone less familiar, esp. in the absence of his owner. Now the dog is labeled, the child is traumatized and it all could have been prevented. :( This is a good reminder for anyone with children & pets to ALWAYS supervise interactions between dogs & kids and read up on what constitutes appropriate behavior. Otherwise, adults may inadvertantly contribute to a bad encounter! There are a lot of mistaken assumptions and unfair expectations placed upon dogs. It is our responsibility as parents & pet owners/guardians to be informed and protect BOTH. National Bite Prevention Week is later this month: http://www.avma.org/public_health/dogbite/ Help spread the word to ensure dogs & kids have safe, positive experiences together!
Marie F
1:22 am on Thursday, May 3, 2012
Jacquie, you are right in your explanation of what a "vicious" dog is after one unfortunate incident. But, a much larger dog-much more meaning to that term because of what we know can happen. A little dog, who is labeled as a "biter"? More leeway, maybe, but even little dogs can still bite off a human's nose, for example.
You spear-headed the campaign here for the dog park, and dog-lovers thank you for that. I don't know how long you have lived here, but the Deals are obviously long-timers, and Mrs. Deal was/is much beloved and well-known as part of Sparkle and Lollipop, and for the Deal's former ice cream shop.No excuse for them for not fencing/leashing their little doggie, but also in forgetting their dog was-a dog.
Marie F
1:46 am on Thursday, May 3, 2012
Ok, Jacquie, I was not in favor of the dog park idea, since it seemed it was an extravagance when other priorities should occupy our city leaders' agendas. But, I love dogs, too, and went along with it. I doubt the Deals took their little dog to the dog park, since he/she was not licensed. Btw, I would never pay to license my kittiy with the city, like they say cat owners should also do. Responsible cat owners don't let their cats roam outside-don't see the need to pay that fee!
So, be the voice for why Ankeny is such a dog-friendly city, and how we deal with this. Why the city needs to re-examine their ordinances in this issue in keeping up with growth. Oh, the noise ordinance needs to be updated, too. Barking dogs left out all day. Not all of us work normal daytime hours, and barking dogs are almost as bad as lawn-mowers, and motorcycles and loud car mufflers...Need better ear plugs, I guess, and considerate dog-owning neighbors, maybe.
Jacquie Holm-Smith
7:58 am on Friday, May 4, 2012
Hi Marie! Just getting your message today (wish we'd get an email when someone replies!) Anyhow, like people, all dogs are different and breed/size alone does not determine "vicious" potential. What City ordinance would address this? I totally agree with you on nuisance barking - often the result of neglected dogs who are desperately bored & lonely :( Not ok! ... at one time I had approached the City re: its Animal Welfare guidelines. Not sure what all you had in mind, but for one thing dogs should not be tethered or chained as a primary means of containment for several reasons; I would recommend a time limit on that practice. Also, I know a lot of neigborhood covenents are anti-fence, but it is the most effective way to keep kids, other dogs, etc., off your property. Even if the Deals had had an invisible fence, Josie would still have been able to approach the dog. Public safety vs private interest is a delicate balance ...
Jacquie Holm-Smith
8:06 am on Friday, May 4, 2012
... and I'm sorry to hear you don't agree that the Dog Park was a valuable investment and asset to our community, Marie. Today more household have dogs than kids. Some of us don't have kids, yet we all pay taxes, which in turn funds our public schools and 40+ parks we are so proud of here in Ankeny. Building the Dog Park was a FRACTION of the cost of people parks with playground equipment, etc.; more than half paid by private funds, and it's enjoyed as much by the dog owners and lovers as their dogs! Not only that, but the revenue from pass sales more than covers the cost of its maintenance ... how many other parks can say the same?? I have lived here for more than 12 years and witnessed the tremendous growth in Ankeny. In my opinion, having a Dog Park is another amenity that contributes to the high quality of life we enjoy. If neighbors with barking dogs would interact with them, train them, socialize them and exercise them at the Dog Park, the barking problem would likely take care of itself! ;0) But I appreciate your opinion, Marie, and happy to share mine too!! =) Thank you, Jacquie
Responsible
5:37 pm on Wednesday, May 2, 2012
"taste for blood" just shows how completely ignore the mother is. Watch less vampire movies and teach your kid to stay on the sidewalk where they belong.
Melanie Babcock
9:17 am on Thursday, May 3, 2012
Maybe if it was YOUR little girl you'd have the same fear. AND state your name. This mother is not "ignore", unlike "Responsible".
Amy Fowlkes
12:08 am on Monday, May 7, 2012
I'm sorry, how can anyone put any kind of blame on an innocent child walking home with a neighbor? Like my daughter, she has a love of animals, and when she feels comfortable with a dog, she gives affection. The parents did no wrong here. The dog owners most certainly did. If the little dog has some kind of aversion to being picked up, or handled, it should have not been wandering around unsupervised in the front yard. I understand the incident happened near the sidewalk, which is not private property. Additionally, when a dog nips at a child to get them to back off, it does not usually require a trip to the ER and 9 stitches! The Deal family has a lot to consider... such as the medical bills for Josie. I do not agree with the City Council and believe at the very least, the dog should not be living next door to Josie. Out of respect to a 5 year old, have a relative take the dog to live somewhere else. I hope the Deals consider removing the dog, and offering to help with medical expenses.
Jacquie Holm-Smith
4:26 pm on Monday, May 7, 2012
I'm really trying to see all sides here, but the Deals and their dog seem to be unfairly villified. They stepped away; the dog was in its own yard, and the child invaded the dog's space. Should the the dog have been supervised? Yes. Should the child been allowed to enter the yard and approach the dog without the owner's consent? No. But it happened - probably in a split second, as accidents do. We humans tend to put human expectations on dogs ... A hug is not a welcome advance from a casual aquaintance, esp. for an older dog. Since a 5-yr-old's skin is rather delicate, 9 stitches isn't that surprising. Also, a child "giving affection" when he/she feels comfortable regardless of how the DOG feels about it is asking for trouble. Usually there is a progression of signals leading up to a growl and bite. Unfortunately they are often unrecognized and/or unheeded. Children and dogs should always be closely supervised, for the dog's protection as much as the kids'!
Susan Russell
12:11 pm on Monday, May 7, 2012
Agreed Amy! And what was the City Council's reasoning for voting against their own city ordinance? Doesn't this put the City of Ankeny in a position for being sued if in fact "Max" does bite again? The City really needs to step forward and explain this to the Babcocks and the others in the negihborhood. If my dog bites someone in the City of Ankeny will I receive the same vote? Actually, if my dog bit someone, as much as I love her, I would have her go live elsewhere. I would be sickened that someone was injured, and make sure that this child never needed to see the dog again. I would think that the health insurance company would insist that the Deals pay the medical bill. I wonder if the Deals sleep well at night?
Dana Fedman, CPDT-KA
10:44 pm on Monday, May 21, 2012
May 20-26 is National Dog Bite Prevention Week. For tips on how to keep dogs and people safe, see http://www.doggonesafe.com/dog_bite_prevention. Take the dog body language test and see how much you know about this! Even more information can be found on the American Veterinary Medical Association's website here: http://www.avmamedia.org/display.asp?sid=358&NAME=Victoria_Stilwell_Shares_Tips_to_Stop_Dogs_From_Biting. Victoria Stillwell shares tips on how YOU can prevent dog bites.