Restitution sought after attack by dogs on Charlotte sheep

Proceedings continued on December 19 at 4th District Court in Calais in the case involving two huskies owned by Alan and Valerie Fenderson of Charlotte that killed several sheep. On August 5 the dogs had made their way into the pasture of Done Roving Farms owned by Paula and Stephen Farrar, where they attacked several sheep. Some were killed while others were severely injured. In the days that followed the attack, some of the injured sheep died.

It was reported that the two dogs had been running at large for weeks, and although they were up to date on their rabies shots, they were not licensed. According to court documents, the Farrars was not the only stop the dogs made on August 5. They "menaced Lisa Edgerly and her two young children, forcing them to retreat into the safety of their home." It is alleged that the town's animal control officer, Larry Colarusso, also suffered injuries from the dogs when he was bitten on both hands and left arm.

The Fendersons were issued a summons and charged with keeping unlicensed dogs and letting them run at large. On September 29 they paid the $200 fines for these charges.

On December 6 Attorney Jeffrey Davidson told the court that the Fendersons had had the two dogs euthanized. He did not, however, have a date to give the court as to when the procedure had taken place. First District Attorney Paul Cavanaugh responded by saying that the state would need proof that the dogs had been put down. Davidson also noted that the Farrars were seeking restitution and stated that under state statute restitution may not be able to be granted. Cavanaugh disagreed and pointed out the specific statute that would allow the state to go forward in this matter. Judge John Romei then set a civil hearing date for December 19. At this time the state would have to prove that the Fendersons were keeping dangerous dogs at the time of the attack.

On December 19 both parties appeared in court. As a result of prior negotiations between Davidson, his clients and the district attorney's office, Davidson, on behalf of his clients, admitted to the allegation of keeping dangerous dogs.

After the court appearance Davidson spoke with reporters on the matter. He said, "Earlier we filed a motion to conduct discovery because the biggest issue in this case was the restitution, what the damages are that are out there. The judge had ruled that he was going to hold off on that motion until after the trial. Now that there's no need for a trial we simply asked the judge to have a designated date for the Farrars to present whatever claim they may be presenting. My understanding is that there has been some discussion with the insurance and through another attorney, but nobody has any hard numbers at this time, so we still don't have any idea what the Farrars will be claiming as far as damages."

The date set by the court to have the restitution figure is January 20. When asked what would happen if he and his clients disagreed with the restitution amount, Davidson said, "Then we'll come back into court, and we'll ask the judge to allow us to conduct discovery by way of deposition, hiring experts. We'll have a full hearing on that when the time comes."

As to the issue of having the dogs euthanized Davidson stated that his clients had come to realize that they couldn't keep the dogs over the winter and had therefore decided on their own to have them euthanized. He described the dogs as pets and added, "I know that they've been characterized as these evil wolves prowling the woods, but these were pets. The Fendersons have a child, and this was their child's pet."

As to the issue of the Fendersons' insurance company, Davidson stated, "I've written to them to explain what's going on, but I have not heard back from them." Concerning restitution, he explained that the Farrars had provided a list of items but as yet no monetary amount had been forthcoming. He added that they had expected to receive that information in court.

Paula Farrar told reporters that she was satisfied with the admission that had been entered in court that day but just wished it hadn't taken so long. Her husband Stephen responded by saying, "It's far from over. It's over as far as admission of guilt of what the dogs did, but I don't know how much more of our time this is going to eat up." To the statement that the dogs were pets, Paula responded by saying, "Pets don't kill." She stated that they have 15 dead animals and one missing. She added, "We also still have five or six lambs that have some kind of chronic trauma where we can't get their digestive systems to process the food properly."

The Farrars stated that they had spent a lot of time selecting and breeding their stock. The lambs are used for their fiber as well as for meat.

Assistant District Attorney Paul Cavanaugh spoke about the case. "The only remaining issues are the fines or the amount the judge or the court should impose and whether and how much restitution the court ought to impose." He stated that the minimum fine for keeping a dangerous dog is $250 per animal and the maximum is $1000 per animal.

The law officer on the case is Lester Seeley of the Washington County Sheriff's Department. When asked if this was the worst case of animal abuse that he had seen in his over 30 years as a law enforcement officer, he replied, "Yes, it is." He commented, "I think this ought to open up some people's eyes that have animals that are running around."

The court set two dates. The first date is January 20, which is when the Farrars are to have their restitution amount ready for the court. The second date is February 20, which is when both parties will again be in court to try and settle the matter.