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Date: 1/18/2023
MONSON – After a nearly two-hour discussion, the dog owned by Melissa and Bill Kierkla at 218 Cedar Swamp Rd. was determined to be dangerous by the Monson Select Board.
On Nov. 29, 2022, a written complaint was submitted by Dimitri Krutov, alleging a “nuisance and/or dangerous dog” kept by the occupants of the property abutting his residence.
Krutov began the Jan. 10 hearing by sharing a video with the board. The video depicts his daughter, Elizabeth, rollerblading in their driveway before an animal appears. He then passed around photos of the Kierkla’s dog, Asha, and asked the board to memorize the color of its paws. Krutov replayed the video several times, pausing it and putting the clip in slow motion so members could receive a good look.
According to Krutov, there are no other dogs in the area that look like Asha. He said they are familiar with the dog’s bark and have been for the past seven years.
He went on to share a statement. “On Nov. 12, 2022, it was a regular day in our neighborhood. Asha was barking most of the day. The renters of 218 Cedar Swamp Rd. didn’t get home until late that night. My 14-year-old daughter went rollerblading on my driveway at the end of the day as she has been doing for months. Just a few minutes into rollerblading, she ran back into the house, out of breath screaming ‘Asha is chasing me.’”
After examining the driveway and not seeing anything, Krutov said he checked the security camera and saw Asha chasing his daughter. He shared that he called Monson police and about 30 minutes later, spoke with an officer who said the animal control officer (ACO) would be contacting them the next day. Krutov said his family did not hear from anyone until a month later.
In 2019, Krutov said he was bit by the same dog. A few years ago, he alleged that Asha also attacked his oldest son, leaving 13 scars. Another one of his daughters was also chased on rollerblades by the dog and injured her knee. “Four family members in my household have lifelong injuries due to Asha being loose,” he said.
Following the 2019 attack, Krutov reported the incident and went to a hearing. He said the Kierkla’s never saw any of the attacks and denied it was their dog and continue to do so.
Krutov noted that the other dogs in the neighborhood are friendly, do not look or bark like Asha, or chase children. “It is just a matter of time until another incident will occur,” he said.
The ACO went before the board to share their perspective on the case. The members included ACO Supervisor Chrissy Florence, Sydney Plante, one of the ACOs for Palmer Regional; and Cassie Florence, another ACO for Palmer Regional.
Chrissy Florence said there were two reports that were handed in to the town of Monson following the incident. One was a detailed report that Plante had done as she started the investigation into the video clip. Halfway through the investigation, Plante was asked to step down by Krutov because he felt that she had a conflict of interest with the Kierkla’s. Florence noted that everything Plante had done was under her supervision, in her office.
Florence said it is true that an animal did run after Elizabeth that night – the video shows that – but based on the information they have, the ACO cannot say for certain what that animal was.
According to information provided by Town Clerk Mary Watson, Chairperson Pat Oney said there are at least five registered German shepherds that live on that street that look like Asha.
Shirley Lamb, the other abutter to the Cedar Swamp Road residence, alleged that Asha went after her husband, Chris, when they moved to the neighborhood in 2018. She said Asha’s teeth scraped his back. At the time, Lamb shared they did not report it because they thought the dog was getting used to them. However, now, it seems to be a problem, she said.
Sgt. Adam Szymanski was the responding officer on the night of Nov. 29, 2022. He shared that he spoke to Krutov who was “very concerned” and showed him the video. Szymanski said he then went to the Kierkla’s residence, where he briefly spoke to Melissa Kierkla and asked if all her dogs were accounted for. After she told him they were, Szymanski informed Melissa Kierkla that he would be passing the complaint onto the ACO. He noted that he did not see the dog.
After these statements were made, the Kierkla’s had the opportunity to speak.
“It wasn’t Asha. There are clearly other dogs in the neighborhood that fit that description,” said Kierkla. After viewing her own security camera, she said there was nothing to forward to the ACO or Select Board because there was “nothing” and Asha never left the driveway.
Kierkla said she was home the night the incident occurred, and the dog was in the garage. Further, she noted that the dog in Krutov’s video ran headfirst into the license plate of a parked car. If that was Asha, they would have brought her to the vet to receive care, which they did not.
Kierkla reiterated repeatedly that it was not Asha and there is no proof to show otherwise.
The board deliberated two questions: whether the dog is Asha or if the dog is dangerous or a nuisance.
Vice Chair Mary Hull said, “Watching that video [of] that 14-year-old child, hearing her with such certainty and fear – she knew who that animal was, and I am convinced of it and I would trust that more than any adult saying what they’re saying.”
Select Board Clerk John Morrell said, “I’m pretty much convinced it was that dog too.” After looking at the video, photos and based on common sense, he believes Asha was the dog there at that time.
Hull went on to say she thinks the dog is dangerous, rather than a nuisance.
“The little girl is more important than the poor dog,” said Morrell. To stay on the safe side, he agreed and said the dog is dangerous.
A motion was made and seconded as one – that the dog is Asha and is considered dangerous. Hull and Morrell voted yes, Oney voted no, because she is uncertain if it was Asha for several issues raised.
Based on their vote, the board had a few options to consider and orders to put in place for the Kierkla’s to follow.
Town Administrator Jennifer Wolowicz noted that there needs to be an enforcing party to make sure the Kierklas are following the board’s orders. The Select Board decided to be the enforcing authority so they can create their own timeline.
The first order was for humane restraint with a dog runner, with the endpoint of the dog’s run to be 50 feet from the neighbor’s property. A motion was made, seconded and unanimously approved. The runner must be in place within 14 days.
The second order was for muzzling or restraint when the dog is off premises. Another motion was made, seconded and approved. The Select Board provided the Kierkla’s a 48-hour window to purchase the necessary items. After the run, muzzle and three-foot-long leash that can withhold up to 300 pounds is purchased, they must submit a picture of the items and receipt to the Select Board.