As New Jersey attorneys who represent victims of dog bites and owners of dogs accused of biting, we feel it is incumbent upon us to comment on the case involving Congo, the Princeton Township German Shepherd that was recently euthanized by its owner and which garnered international attention last year when a Princeton Municipal Court judge ordered Congo to be euthanized, only to be reversed by a settlement with the local prosecutor after massive public outcry. At the outset, I want to emphasize that I am not directly involved in this case. I have not seen any documents or interviewed any witnesses, so my knowledge of the case is based entirely on facts and allegations reported by various news outlets.
Background:
This case involves a German Shepherd named Congo, who was the alpha male leader of a pack of several dogs owned by Princeton Township resident Guy James and his wife. Congo's pack of three other German Shepherds included Congo's mate and two offspring, each of which was euthanized this past week. Although I never personally observed the dogs' behavior, the media coverage seems to indicate that Congo ran the house. That is, Congo appears to have assumed the Alpha Dog role for the human family, as well as his dog family at least in Congo's mind. Anyone who is familiar with Cesar Millan's show, the Dog Whisperer, knows that nothing good happens when a dog, especially a powerful working breed, assumes a dominant position over its owners.
In June 2007, a team of landscapers entered the James' property, or rather, Congo's property. While the details of what happened are in sharp dispute, we know that the dogs attacked the landscapers and caused serious bite injuries to one of them. According to the injured landscapers, the attack was unprovoked. According to the Jameses, however, the landscapers entered the property against the owner's orders and actually pulled Mrs. James to the ground when the dogs approached, triggering the dogs' defensive and protective instincts. In other words, the Jameses argued that the landscapers provoked Congo to attack, although inadvertently. This argument is very important from a litigation standpoint because New Jersey dog bite law expressly states that dogs cannot be deemed vicious or potentially dangerous if the attack at issue was provoked. Unfortunately, however, the law as currently written does not specifically define what 'provoked' means. In any event, it appears undisputed that Congo was the leader of the pack and led the dogs' reaction to the landscapers - whether one wants to characterize that reaction as an 'attack' or 'act of self-defense.' After a hearing, a municipal court judge applied the law to the facts and determined that Congo was vicious. That finding, under existing New Jersey law, required Congo's destruction.
Ultimately, through litigation and public support, the Jameses were able to convince the Mercer County prosecutor to determine that Congo was not vicious under the law. Instead, the dog was deemed potentially dangerous, which meant that the Jameses could keep the dog, so long as they adhered to a rigid plan designed to protect the public from Congo and his pack, such as erecting a fence that the dogs could not jump over or dig under, muzzling the dogs during walks, and similar precautions. Certainly, this was a victory for the Jameses, Congo's pack, and supporters. The Jameses followed the plan and secured the dogs.
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