Rottweilers at center of legal battle after 2019 attack get a second chance

By Alan Mauldin

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    ALBANY, Georgia (Albany Herald) — After nearly three years, the fate of two Rottweilers that viciously attacked an Albany man in the fall of 2019 and were the subject of an extended legal battle while they remained held in custody has been decided.

But instead of the euthanasia envisioned by the Albany City Commission for the two dogs, Chloe and King will be allowed to “live out their natural lives” in South Carolina, according to the consent order signed on Tuesday by Dougherty County Superior Court Judge Denise Marshall.

The city and the Rottweilers’ owners, Charlee James Dailey and Sharaless Richardson, arrived at the agreement that will send the dogs to South Carolina to the care of a foster home selected by the Spartanburg Humane Society.

Marshall’s order calls for the dogs to be transported out of state by a specified animal transport company within 10 days of its issuance.

The legal case, which drew significant community interest at commission meetings, encountered delays as the court system was shut down during the height of the initial waves of the COVID-19 pandemic.

After being frustrated in attempts to put the dogs down, the city toughened its ordinances relating to dangerous and vicious animals.

After the 2019 attack that nearly killed the east Albany victim, the city imposed conditions on securing the animals that are contained in state law and the previous animal control ordinance.

After those conditions were not met within the specified time, which was blamed by owners on a lengthy run of rainy weather that made the work impossible within that time frame, the dogs were sent to the Albany Humane Society, where they have remained ever since.

The owners appealed and the dogs remained in limbo.

After an Atlanta law firm that specializes in animal rights cases became involved, it became clear it was necessary to adopt the consent order, Albany City Attorney Nathan Davis said.

The agreement was not ideal, but it does protect Albany residents, at least, Commissioner Chad Warbington, who was among the most vocal advocate for euthanizing the two animals, said.

“I’m probably a little disappointed,” he said of the conclusion of the saga. “I’ve asked the city attorney to make sure that the agreement is iron-clad. Those two dogs should never set foot in Dougherty County again. The citizens of Albany should be assured those dogs are never in Dougherty County again.”

For its part, the Humane Society, which houses animals for the city that are picked up by animal control, said its role was as a “jail” for the two Rottweilers and could not legally euthanize them without a court order.

The changes in the city’s ordinance should prevent a similar occurrence in the future, the commissioner said. It allows the city to quickly provide for euthanasia in the event the owner of a dangerous dog fails to comply with confinement requirements.

“Our ordinance was loose before,” Warbington said. “This was the case that was the catalyst to change our ordinance. They hired a high-powered animal rights law firm out of Atlanta. We were hoping the Superior Court judge would see it the way we saw it. We were at the mercy of the Humane Society in terms of providing safety to our citizens.

“I’m an animal lover … but when they show aggression towards humans or attack, that’s where I draw the line. And we’re drawing that line.”

The ordinance adopted in late 2021 does not specify any breeds as inherently dangerous, but does allow for quicker action to protect the public, Warbington said.

“I would never single out any breed over another,” he said. “Our ordinance is independent of breed. It could be a 10-pound small dog or a big dog.

“Those two dogs have proven to be dangerous and they were in confinement for, really, two years. The judge made the order and we’re going to abide by it.”

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