Janet. >> Oh, got that. >> Yes. >> Okay, >> I guess I better whisper. >> So, what was your name? >> Okay. My name is Janet Brewer. Brewer. >> Yes.
>> Thank you. I I think something changed with the system. >> With the speaker system. >> Are we all set? >> Okay. >> Is it better? >> You can proceed now. Thank you. Scared
me. Okay. Uh the only thing I can say is I have been around that dog day one. He has never when I come to her house and I visit her a lot. When I come to
her house, the first thing he does, he comes to the gate when I'm opening the gate and he's standing right there wagging his tail and he backs up so I can get in. Then I go in the house. He follows me in the house. I sit down on
the couch and he comes right over, puts his head on my lap and I let him I I pet him and then after I he gets done, he'll go outside and lay down or he'll lay down in the house someplace. I have
never seen him be vicious to anybody. And he has a little, you know, he has a friend. Fritz is his brother. >> Little dog. He's They've never had any problem. He And I've seen people that
has been attacked by a dog, so I know what it looks like. And if Milo would have attacked her, she would have more than just that little
tear up there and that scratch. Believe me, I have never seen him be mean to anybody. And he's always comes to me every time I come in. And if I don't see him, I
Brian, he let him out so I could see him yesterday. He come around the house because I miss seeing him because he's always there and he's just wagging his tail constantly. But I've never seen him do anything different. Never. >> Okay. And the only time I ever heard him
bark is the guy was I was out there in the yard and he was trimming and he was ch, you know, he was on the other side of the fence, but he was barking. That's the first time I ever heard him bark. But I I just can't see.
Um, I mean, she's got I I've seen the injury, but with him not having any jaw teeth except that one tooth up here, I can't I can't see how he could have grabbed her
face. It's impossible. So, I'd say it was an accident. He got When Fritz jumped down, he lifted his head up and she had her head down by the dog. She had her head by the dog and that would be where the tooth is. And
when he brought his head up, he had to hit her head with that tooth. But that's no bite. That's about it. Unless you want to ask me something. >> I'm writing some notes. I, you know, I'm listening, but I'm also trying to write
them. Okay. That's about all I can say. He's just a good dog and he's very gentle dog. >> Okay. >> And he stays outside most of the time. He'll come in, greet you, pet. You can pet him and he'll lay your he, like I
said, he'll lay his head on my lap and then when he gets done and he goes outside and lays down, but that's the way he greets everybody that comes in the house. >> Okay? He's the same way with everybody. even if there's a crowd of people in
there, he doesn't bother anybody. He just goes someplace and lays down. But when Donna told me about what happened, I couldn't believe it because I just couldn't see I I've never seen him be vicious. Never.
>> Okay. >> So, >> okay. We'll see. >> I just hope you know I'm I'm sorry about Sandy. She's a good friend of mine, too. But I'm sorry that happened. But um for her to saying he's vicious and he needs
to be put down, that's wrong. >> That's it. Thank you very much. You're welcome. >> Is I don't know what that noise is. Is there anyone else here? I don't see anyone, but just to make sure if there's
anyone else. Um, just a moment. Is is uh Miss Sandra Norton here, the the person who um filed the complaint?
No. Okay. Um I see Mr. Maggie, would would you like to come forward? Yes, >> your honor, once you've closed testimony, I'd just like to give a brief
closing legal argument on behalf of the city. So, >> okay. >> If I'm premature, I'll sit back down. I just want >> Well, let Yeah, just one moment. Let me make sure. Um, does any Miss Toy or No,
Miss Donna Toy or Mr. Ryan, uh, Toy, would either of you like to make any other statements before I do close the the testimony? >> Um, I have I have a couple questions. Um,
no, for for your son. >> Can you come forward? >> Yes. Um, were you the owner when you know you undertook you talked about his surgeries, Milo surgeries? >> No, no, no. So, when I was when I went
through my surgeries, I was at home trying to get better and he was on Channel 4 News and he was a rescue dog and I saw him on there and I reached out to Fur and I became an urgent rescue. So
I took care of him. I nursed him back to health for like six months, almost a year. And then from after that then I just say, you know, that's I've had him since. >> And could you tell me just a little bit more about his jaw and his teeth because
um I'm hearing several people say that, you know, and including you that um he's missing some teeth. >> So he's missing half his jaw from ear back. It's on I believe it's the left side. Yeah, he's
missing all the jaw from the backhand side. It doesn't even connect. Matter of fact, he's missing his mandular whatever it is. So, his jaw does not align, right? His jaw is almost >> it's almost an inch and a half out. So, it's like this. So, the where the bullet came in through his snout, it came out
through his side of his neck and then it shattered all that. this dog ran around they they think they think possibly for almost a month um because after whoever shot him I get he came from Palaca I think and then he was brought to Jacksonville to have
surgeries here through urgent rescues um the video is phenomenal if you check out the video it's Milo on YouTube shot in the face it's it's there and uh anyways so he had surgery to fix that but in in the process when they found him he was
he was in the woods And >> so they did the surgery right away. >> Well, no, it was like a month after because they said that when they found this dog, his his jaw or his roof of his mouth had actually healed up. So this dog was running around in the woods for a month and a half or a month, whatever
with nothing for Yeah. with his jaw all messed up and a hole out of his neck and his through his nose. So, I mean, it was So, he had two surgeries, I guess, prior to me getting him, and then I got the dog, and then
he had he had the wound on his neck that I had to take and bring him back to the doctors back and forth um after that for like three months, I think, is what that was. >> Okay. >> And then, yeah, but he's missing. So,
he's got he's probably got four or five teeth in his mouth that are actually intact. The rest of them are all either broken or chipped. And that's why his teeth will can catch you because majority of his teeth are chipped.
So, I mean, it's a matter of fact, I don't feed this dog. You can't to put a ball in his mouth, he can't even do that. You give this dog a chew bone, he has a hard time. He can't chew the thing up. So, that's this whole thing. That's kind of why I feel the way that I do
because it's just this dog's. >> Okay, that's helpful. >> Yeah. >> Thank you very much. I appreciate it. >> Um, I saw one other person walk in just now. Um, and I'm about to close testimony. Uh, sir, did you want to
speak today? >> No, thank you very much. >> Okay, thank you. Um, then I'm going to close testimony and um, if the city attorney would like to approach, that's fine.
>> Just for the record, if you'll state your name. Sure. Obviously, you're not going to be sworn in, but >> Thank you, your honor. David Migot, city attorney for the city of Jacksonville Beach. I'm providing legal arguments, not not testimony. Um, we are here under
the dangerous dog ordinance and that is the criteria that that governs this hearing. You know, personally, I I think Mr. and Miss uh the toy family, it's it's great that they've rescued these dogs. I I've always rescued dogs as
well. I personally I immaterial to this hearing, I I think they're to be commended for rescuing dogs. However, the city has a duty to protect the health, safety, and welfare of its residents under its police powers. And under this ordinance, the definition of
dangerous dog, which is contained in section 5-2 of the city code, there's three different uh potential definitions. is the first one. Letter A is the one applicable in this case I believe and that says dangerous dog
means any dog that according to the records of the appropriate authority a has aggressively bitten, attacked or endangered or has inflicted severe injury on a human being on public or private property. Uh your honor, I'd
like to focus on that language after the or has inflicted severe injury. Severe injury is also defined in that same section of the code. I'm going to read it for you. Severe injury or severely injured means any physical injury that
results in one or more broken bones, multiple bites, or one or more lacerations requiring sutures, or an injury requiring reconstructive or plastic cosmetic surgery. Now, the
injury requiring excuse me, um resulting in one or more lacerations requiring sutures, I think is what's applicable here. Uh the testimony of officer Fur indicated that the the victim uh required five sutures uh due to the the
bite on her face. So, I think we have a severe injury. Uh and going back to the definition of dangerous dog, if you know if a dog has inflicted severe injury on a human being, they
meet the definition of a dangerous dog. Uh that's the language of the of the of the code. I think any sort of nuances are immaterial. It comes down to was there a dog bite that inflicted severe injury. Uh there was testimony about the
dog's teeth being different, its jaw being different. None of that is legally relevant uh in this case because the definition is severe injury and testimony indicates a severe injury was inflicted upon the victim. So again,
while I while I this is a tough case, admittedly I've we've seen much worse cases. I think we have evidence that shows that this dog is a dangerous dog based upon what happened. Um, as you know, but I just want to point it out,
you know, under our dangerous dog ordinance, this does not mean the dog will be put down. I I heard someone testify or speak during their testimony that the dog should not be put down. The the dog, if you find a dangerous dog finding today, it doesn't mean the dog is euthanized. There's there's some
steps in 5-30 parenthesy 5 that the owner will have to um comply with, but we're not talking about anything like that. So, we have a duty to follow the code. Um some cases are slam dunks, some are compassionate cases. I recognize
some of the unique situations uh that that can cause some compassion in this case, some concern. However, the plain language of the ordinance states what determines a dangerous dog and the evidence in this case has met that threshold. I I think that based upon the
testimony, the city has met its burden and that this dog should be classified as a dangerous dog. Thank you. >> Thank you very much. I agree with the with the um statement that from the city attorney
that uh this is a difficult case. Um, I think this is probably the fifth or sixth dangerous dog uh hearing I've I've uh held. Um,
and I understand about the definition. I I certainly understand what the code says. Um, I think that there are uh words in the code. Um,
I I was surprised that Mrs. Nort, Miss Norton was not here to testify. Um, we have just the animal control officer's testimony that's based on uh her testimony. But today I've heard from
four people who have known Milo for five years who has never ever ever according to the testimony exhibited any kind of aggression towards other people. I understand the city's duty to bring
this case to me. Um that's that is understandable and it is your duty to when you have a situation like this and evidence by pictures and a
sworn statement um that uh that um Miss Norton did have to have stitches. But we've also heard testimony today about Milo's
jaw and his mouth and his teeth and um and I I disagree with the city attorney. I do believe that that's relevant to show whether or not um was this a purposeful
um attack? Was this truly aggression? um or as one person stated was when Miss Norton's head was going down, his head was coming up when the other
dog jumped on Milo. And that would certainly I've owned dogs and cats and when they something jumps on them, they're going to respond. Um,
I'm so you know I can think of all kinds of ways to maybe say you know um uh you know should we come back in a
year or if there is another uh event of any tight. I understand wanting to make sure that our citizens are safe and protected, but I don't believe that all the
evidence taken together uh is enough to to declare Milo dangerous. Um, it'll take me a couple of days to uh draft up the order and of course
that can be appealed by somebody if they want to by anybody can even be appealed by the city actually. Um, but uh I'm going to not declare I guess that's the way I can say it. I'm
not going to declare Milo to be a dangerous dog. Um I hope that um you know you'll be extra careful to make sure you know that uh you know that um
you know Fritz and uh Fritz doesn't jump on Milo or you know just to make sure that you know Milo is not in a situation not put in a situation where he gets
scared or could jerk his head because he does have apparently teeth that are more outside his mouth than based on the testimony that I heard. So,
um I think um is there anything from anybody? No, seeing nothing. Okay, I'm going to rule. That's my ruling today. And um uh I appreciate I want you all to
know each of you especially well all of you for being here and taking the time out of your schedules and I also appreciate uh Mr. Migot coming today and I certainly understand the D city's
duty. Um, but it's my role, part of the process is to bring that here and to let me hear it all, hear all the evidence and to make a reason decision. And um, I appreciate um, the patience of everyone.
Um, and that's all we have for