MPD Case# MP24-005126, (King Kong A537129)

Since March 11, 2024, a dog named King Kong has been held by Stanislaus County Animal Control Services Agency (SASA) because he was classified as a “dangerous/vicious” bite dog under (section 5-4.204) of the City of Modesto. King Kong is considered an “evidence” dog and is ordered to remain in the custody of SASA until his euthanasia date of July 18, 2024. Per the public records, the bite was to an unanticipated visitor who was viewing King Kong’s home while he was tethered outside. While in the process of eating, he broke free, resulting in lacerations to the stranger. Tethering dogs is illegal for good reason and can result in frustration and territorial behavior that often combine to incidents such as the one King Kong found himself party to. 

State Law/Background

“Bite” dogs that are classified as “dangerous/vicious” dogs (City of Modesto, Section 5-4.204) must remain in the custody of the Stanislaus Animal Services Agency (SASA) until the deadline to appeal passes in approximately 90-120 days. This requirement is mandated by California Code of Civil Procedure Sections 1094.5 and 1094.6 that refer to the 90-day appeal period to appeal an administrative order. The current rules don’t consider the fact that the dogs are living/breathing creatures. We know dogs don’t fare well being confined 24/7 to a small kennel without undue suffering and their mental state deteriorating. Regardless of specific circumstances that result in the above referenced classification, prolonged isolation and inhumane treatment of sentinel beings aren’t justified. The established timelines to appeal an administrative order are unreasonable.

Since the incident on March 11, 2024, King Kong has been housed in a small, concrete kennel, in complete ISOLATION. This means he has no human contact except for his mealtimes. He isn’t allowed any yard time for mental stimulation, a blanket for comfort, and he must remain imprisoned to wait out his life sentence to be executed on July 18, 2024. Not only is this prolonged isolation brutal and inhumane towards the animals, but it also is extremely impractical and wasteful.  SASA is at full capacity; and weekly euthanasia lists are a new reality. Average dog-stay at SASA is twenty days. Average bite dog hearing proceedings for Modesto Police Department (MPD) lasts 4 months. For every dog held for MPD bite court hearing, 5 additional dogs could have been housed/saved.  Lastly, it’s extremely traumatic for staff to witness how some of the “evidence” dogs deteriorate in the stressful/inhumane conditions. King Kong isn’t an exception.

Professional Trainer Assessment

On 4/14/2024, King Kong was evaluated by a professional dog trainer. Per the trainers observation and notes, the following was documented.

1.     Initial Kennel Interaction

King Kong was a little hesitant but warmed up beautifully with some treats. He leashed up nicely and was happy to go outside. King Kong was non-reactive to the other barking dogs on his way out to the play yard.

2.     Leash Observations

King Kong walked okay on leash with only occasional pulling. He mostly would stop or start out of hesitation/mild fear. Once out in the play yard, King Kong was visibly shaking for the first few minutes. He was fearful and stressed but absorbing the environment to the best of his ability given these emotions.

3.     Eye Contact

King Kong mostly averted his gaze politely, but would maintain soft eye contact when encouraged

4.     Touch

King Kong allowed us to touch all down his body. He was hesitant but grew more comfortable and leaned in a bit more to the touch. He enjoyed some head scratches. When we first started evaluating touch, King Kong was a bit unsure and closed his mouth to signal this. After jogging him a little to shake off some of his stress he did much better with touch.

5.     Touch in Sensitive Areas

King Kong allowed us to touch his paws without too much issue. He was unsure and closed his mouth whenever the handler touched his paws but did not react beyond that.

6.     Play Interaction

King Kong engaged in a light jog through the play yard and loosened up a little in the process.

7.     Resource Guarding

King Kong was tested for resource guarding and did not show any signs guarding during this evaluation. He was very interested in the food but did not assume a protective posture over it. His reaction to a slight movement of the food bowl was to follow it with some gusto but no aggression.

8.     Toy Behavior

King Kong has no interest in toys at this time

9.     Dog-to-Dog

King Kong was tested with both a male and female dog. He also met a male dog through the fence line, and they interacted nicely with each other. King Kong was interested in the other dogs but gave space nicely. He allowed the other dogs to sniff his butt and also sniffed theirs. He was polite and sniffed around while in the presence of other dogs. When meeting through the fence line he wagged his tail politely and sniffed without any issues.

10.   Other

King Kong is currently being held for a bite case for the Modesto Police Department. According to staff, the bite was to an uninvited visitor who was viewing King Kong’s home while he was tethered and resulted in lacerations. Given King Kong’s evaluation, King Kong is a good candidate for rescue. With a responsible owner and training. King Kong will be a great dog who likely won’t have further issues. Tethering dogs is illegal for good reason and can result in frustration and territorial behavior that often combine to incidents such as the one King Kong found himself party to. King Kong has great promise with some basic training.

Per staff, King Kong remains calm in his kennel, observing his environment and taking treats gently. Given King Kong evaluation by a professional trainer, “King Kong may be a good candidate for a reputable 501c3 rescue organization.”

It’s a very unfortunate situation for everyone, as we never want anyone harmed, but we do not know the full extent of the bite circumstances. This could have been anyone’s dog who felt threatened, intimidated, or unsure of a stranger at their home. Dogs can’t speak to us and tell us they don’t like something we are doing or feel scared or threatened. They have limited ways to communicate and that’s our job to understand that. Furthermore, it wasn’t King Kong’s fault that his owner failed to manage the situation properly. Per the owner, “King Kong is a lap dog” King Kong’s owner has not come forward and his license and rabies expired at the time of the incident on March 11, 2024.

Petition

This petition was created in hopes of (1) increasing the awareness about California Code of Civil Procedure Sections 1094.5 and 1094.6 that refer to the 90-day appeal period to appeal an administrative order. The current appeal period does not consider the fact that the dogs are living/breathing creatures. A shorter appeal period (30 days) is more reasonable. (2) Sparing King Kong’s life and giving him the opportunity for further assessment with a 501c3 rescue at their discretion and expertise.

Please consider speaking up for King Kong. If you have a minute, please sign this petition, and email the following request to the listed contacts: MPD Animal Control Supervisor, Chris Haubrich (HaubrichC@modestopd.com) Chief of Police Brandon Gillespie, (MPDChief@modestogov.com)  Mayor, Sue Zwahlen (mayor@modestogov.com ) City Manager, Joseph P. Lopez, (Joelopez@modestogov.com) Jessica Flores, Paralegal with City Attorney, (jnunes@modestogov.com)

Request

To Whom it May Concern,

I am sending this email on (ADD DATE) to oppose euthanasia of King Kong, MPD case MP24-005126, and consider releasing King Kong to a reputable 501c3 rescue organization at their discretion and expertise. King Kong has no prior history of documented bites. He has been recognized as well behaved and NOT aggressive by a professional dog trainer, his owner, and staff at Stanislaus Animal Shelter Agency (SASA). Shelter staff have said he takes treats gently and he remains calm in his kennel. Please reconsider the heartbreaking mistake made by King Kong while he was mismanaged by his owner as he has not demonstrated any behavioral issues since his confiscation. One tragic mistake is not undone or made better by ending another life. Thank you for your consideration.

Respectfully,

Your Name