Politics & Government

Dangerousness Hearing Called For After Fatal Dog Attack

One dog is dead, another faces an uncertain future. There are two very different versions to what happened on the night of Dec. 5.

For the first time in five years, a dangerousness hearing will be convened to determine the fate of a Tewksbury dog.

The rare action was taken by , following a fatal dog-on-dog attack last week on Lucille Drive.

The incident took place on the evening of Dec. 5 when a three-year-old American Bulldog/Pitbull mix, owned by Will Leavitt, killed a three-year old Yorkshire/Maltese mix (called a Morkie), owned by Rob and Lauren Baressi.

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However, that fact is about the only thing the owners of the dogs agree on.

Rob Baressi alleges that it was a vicious, unprovoked attack and that Leavitt failed to control a potentially dangerous animal.

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“We have had problems with that dog in the past, so I stopped walking past their house and that night we stopped at the foot of Hickory (Lane),” said Baressi. “It must have been with its owner at his driveway. I couldn’t see him coming right away because it was dark but I heard my dog yelping (as it approached). It grabbed my dog and that was it.

“Benny (the Morkie) didn’t die right away,” said Baressi. “He lasted four or five minutes. He died in my arms as we walked back to the house. The vet said his ribs were broken and his ribs pierced his organs.”

Leavitt claims that the Morkie was being allowed to walk off-leash and urinate on his family’s property at 31 Lucille Drive and that his dog reacted to a perceived invader to his territory.

 “Our property is right adjacent to Hickory Lane,” said Leavitt. “And (the Morkie) wasn’t on a leash and was a good six feet in off the road onto our lawn.

“We were only about 25 yards away. And, yeah, my dog picked it up in its mouth but it didn’t tear it apart like you’d see in a vicious attack,” said Leavitt. “There wasn’t any blood. He wasn’t trying to kill it. He just wanted to send a message.”

Leavitt said he yelled at his dog, which then dropped the Morkie and ran back to him.

Leavitt says he believes that because the incident took place on his property and because the Morkie was not leashed, he and his dog aren’t responsible.

After the incident Baressi, called the police and officers responded to the scene for a preliminary investigation. According to the report, officers talked to Baressi and attempted to talk to Leavitt but were told by his mother that he and the dog had gone to Maine but would return now that they knew the other dog had died.

The police report was forwarded to the Board of Health and Sullivan, whose first day on the job was Monday, Dec. 5, conducted his own investigation. Sullivan concluded that a dangerousness hearing was warranted.

A date for the hearing has not been set but it will be conducted by the animal hearing officer,

Baressi, who moved to his home on Phillips Avenue after he and his wife were married in October, 2010, said he isn’t looking for revenge but is hoping to create a safer environment for his family and other families in the neighborhood.

“My dog is dead, that’s not going to change,” he said. “I bought this home because it’s a forever home for my wife and me. What I’m worried about is our children and other people’s children in the future. Obviously that dog has a problem. That’s why I’m pushing forward and not letting go of this hearing.

“How can I live with myself if some child gets attacked. You can’t stick your head in the sand.”

Leavitt dismisses the notion that his dog, whose name is Houston, is a danger to neighborhood children or even to other dogs.

“He’s lived in this neighborhood his whole life. He’s a great dog,” said Leavitt. “He’s great with the other dogs in the neighborhood, great with kids. He’s great with young kids in my family.”

Health Director Louanne Clement confirmed that prior to this incident, she had not received any complaints about Houston.

That is not to say, however, that there had not been an earlier problem. In fact, both Baressi and Leavitt agree that Houston had attacked Benny back in May. On that occasion, Baressi was walking Benny on Lucille Drive and Houston jumped out of the window of Leavitt’s vehicle (while it was moving) to go after the smaller dog. Benny suffered minor injuries and Leavitt agreed to pay the vet bills.

Baressi said he also told Leavitt he needed to keep his windows rolled up a certain amount so Houston couldn’t jump out. That incident was not reported to the police.

“I admit that one was my fault,” said Leavitt, referring to the windows being down. “And if the dog had been killed that time it would have been totally on me. But not this time.”

Leavitt also admits that Houston had a problem with Benny from the time the Baressi’s moved into the neighborhood. But he blames that on Rob Baressi’s walking habits.

“I don’t know why you’d move to a neighborhood and walk your dog and let it pee and poop on other people’s laws,” said Leavitt. “The first couple of times (Houston) saw that dog, (Houston) was in my car, locked in there. And he sees this little dog peeing on his lawn.”

Baressi also blames the owner more than the dog. He feels the proper precautions are not taken to keep a dog of that size and strength under control.


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