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Updated Mar 25, 2014 - 9:06 pm

Phoenix judge spares dog that attacked boy

PHOENIX — A Phoenix judge on Tuesday spared the life of a pit bull that
mauled a 4-year-old boy last month and touched off a polarizing Internet debate
on mercy, blame and animal violence.

Municipal Court Judge Deborah Griffin ruled that the dog named Mickey must be
neutered, defanged and microchipped. She declared the dog vicious earlier in the
day and could have ordered euthanasia.

“There would be absolutely no possibility of the animal ever doing this to
someone again,” Griffin said, saying the dog must remain in a facility for the
rest of its life and can’t be adopted.

An animal rights group is the trustee for the dog and has 30 days to find a
rehabilitation center or shelter to take Mickey. An animal advocate in court
started to cry when hearing the dog would live.

The Feb. 20 attack left Kevin Vicente with a broken eye socket and jaw, and the
boy has months, if not years, of reconstructive surgery ahead of him.

The question of whether the pit bull should live or die attracted a team of top
death penalty lawyers, led to candlelight vigils and riled up thousands of
animal lovers on social media who placed blame with the dog’s owners and child’s
baby sitter.

Meanwhile, donations and gifts from around the world have flowed in for Kevin
since the dog bit the boy in the face. An account has also been made via the Maricopa Health Foundation to help the Vicentes with medical bills.

Floridalma Vicente, the boy’s mother, said she is grateful for the outpouring
of public support, but can’t understand the support that emerged for the dog.

“It disturbed me at first that they placed more value on an animal than on a
child, and that made me feel very bad,” Vicente told The Arizona Republic
through a Spanish interpreter. “If they don’t care about (Kevin), well, I do.”

Neither Vicente nor the man who owned the dog attended the court hearing.

Guadalupe Villa, whose boyfriend’s mother was baby-sitting Kevin the day of the
attack, filed the vicious-dog court petition that started the case. In her
petition, she describes Mickey as a dog that has a history of acting without
provocation and that killed one of her dogs.

Animal advocates hit back, saying both the dog and boy are victims and the baby
sitter watching the child was negligent in letting him play near the animal.
They also argued the owner was fostering aggression by keeping the dog chained

On Tuesday, Griffin said several adults shared some responsibility for the
attack. The judge pointed out that there was a “Beware of Dog” sign on the
property’s fence but the gate was left open and children were allowed to play
near the dog.

“This whole case has been very, very distressing to me,” Griffin said, adding
that Kevin will pay the price for the rest of his life.

A half dozen animal rights advocates attended the hearing in T-shirts that bore
a paw mark and a slogan, “Save Mickey.”

One of them, Veronica Lee, said the hearing showed that the baby sitter wasn’t
watching closely and that Mickey was kept chained.

“We were not here to put a dog above Kevin,” Lee said. “We were just here to
make sure justice was served.”

Luis Acosta, who said he’s not related to anyone involved in the case,
disagreed with the judge’s decision and questioned whether the government would
really ensure the dog was never adopted.

“Who is going to see to it five years from now that this dog still hasn’t been
adopted out?” Acosta said.

Pit bulls are viewed by some as a dangerous breed, a reputation their fans

Those hoping to rescue Mickey have taken their cause to Facebook, where a
“Save Mickey” page has garnered more than 59,000 likes. The dog’s supporters
recently used social media to organize a candlelight vigil and even a YouTube
video plea.

“This is not Kevin versus Mickey,” attorney John Schill, one of three
attorneys representing the dog, has said. “Having Mickey killed is not going to
take away Kevin’s pain or injuries. The only thing this is going to do is kill a
poor, innocent dog.”

Schill was working pro bono at the request of the Lexus Project, a New
York-based nonprofit that raised money for the dog’s legal defense fund and is
its trustee.

The same group fought earlier this year for the life of a dog that fatally
mauled a toddler in Nevada. In that case, the mastiff-Rhodesian mix was turned
over to an animal rescue after the city of Henderson gave up the court fight to
euthanize the dog.

Mickey has been living in a cage away from other animals and from public view
at the Maricopa County Animal Control and Care Center.

KTAR contributed to this report.


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