The Herald, Sharon, PA Published Friday, April 19, 2002

SHARPSVILLE

Slain pit bulls' owner has his day in court
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Case of dogs shot by police ends with guilty verdict

By Erin Remai
Herald Staff Writer

A Sharpsville man whose pit bull terriers were shot March 29 by police was found guilty of disorderly conduct Thursday at the conclusion of a 90-minute, emotional summary trial before District Justice James E. McMahon of Sharon.

Eugene "Geno" Blair, 23, of 352 Walnut St., was charged after Sharpsville Police Chief Bruce Rosa shot two of his three pit bulls, which were running loose in the neighborhood.

Mercer County District Attorney James P. Epstein, the prosecutor on the case, said several witness testimonies indicated Blair was out of control at the time of his arrest, including a neighbor who lived five houses away.

McMahon said Blair has 30 days to appeal the conviction. He was fined $60, reduced by $40 because he was credited for one day in a jail, a clerk said.

Blair said today he doesn't plan to appeal because he thought McMahon's decision was fair, but he plans to file a civil suit against the police department to pay a $464 vet bill for his female dog.

Blair, who defended himself, broke down as he gave his closing statement.

"For three years those dogs were in my life ... when I came home that day and heard those dogs were shot, I felt like someone had told me, you know what, kid? No matter what you do we're going to put a label on you. They're pit bulls. So what?" Blair said.

Blair also pleaded not guilty for failing to confine his dogs, a charge that McMahon dropped because he said there was not enough evidence to prove Blair let the dogs out of their kennel. Blair pleaded guilty to not having the dogs' rabies shots and licenses up-to-date and was fined $100 and $150, respectively. Blair said he forgot to get the dogs' shots and licenses.

Charges of disorderly conduct against Blair's sister, Emily Kettering, 19, of 271 Spruce Ave., Sharon, were dropped.

Blair said he just wants answers.

During the trial, when Blair asked Rosa why he did not go to Blair's mother's nearby house for assistance with the dogs, Rosa said he did not know the dogs were Blair's.

When Blair asked Rosa why he didn't use Mace, Rosa said the goal was to contain the dogs, and spraying Mace on them would have caused them to run away.

Police received a report on March 29 that the dogs were running loose in the neighborhood and had confronted a pregnant woman, Rebekah Patton, and her 2-year-old son.

Mrs. Patton, of 428 S. Walnut St., testified that she and her son were running errands that day and when they returned home, she saw a large black dog in the neighbor's side yard. She said the dog ran at them and, frightened, she picked up her son. Her neighbors tried to distract the dog. By this time the second dog was in the neighbor's yard.

Neighbors distracted the dogs by throwing bricks and Mrs. Patton and her son were able to get back into their sport-utility vehicle, she said. They stayed in the SUV until neighbors said the dogs were gone. Mrs. Patton then went into her house and called her husband, Timothy Patton.

The dogs later confronted her Labrador retriever, which was tied outside, and she called 911, she said.

Patton testified after his wife called him, "very upset," he called 911. He then went home and arrived at the same time as Rosa. Patton put his dog in the house.

Rosa testified that at 1:45 p.m. that day a woman came into the police station and said there were two pit bulls running loose at Walnut Street and Mercer Avenue. When Rosa got to the intersection, he said, traffic was backed up in both directions and he saw two pit bulls, neither wearing collars or tags, walking between cars.

Rosa said he thought the dogs belonged to Bethany Phillips, who also lives at 352 Walnut St. He knocked on the door to get her help in catching the dogs, but no one was home. So Rosa went to Ms. Phillips' grandparents' house on Milliken Avenue. Her grandmother, Denise Harshman, agreed to accompany him, he said.

While en route from the Harshman residence, Rosa received the call that the dogs confronted Mrs. Patton. When he arrived at the Patton house, Rosa saw the pit bulls confronting the Lab. He left the cruiser with his shotgun, which he said is standard equipment in a police cruiser.

Rosa said his goal was to confine the dogs until animal control staff arrived. The male dog crossed in front of him, getting closer, then stopped and ran toward him with its paws off the ground. Rosa shot the male dog, and the female ran through the back yards toward Blair's home, he said.

Rosa said that he and South Pymatuning Township Patrolman Jeff Dillinger tried to keep the female dog contained in Blair's yard but it ran back and forth between them and Mrs. Harshman tried unsuccessfully to get it inside.

When the dog came at Rosa with its teeth bared, Rosa shot at it twice. The second shot glanced off the dog's shoulder, and it ran. Rosa and Dillinger located the dog 15 to 20 minutes later on Mercer Avenue, he said. Blair's mother removed the dog from the scene.

Rosa said when Blair arrived he was yelling, screaming, swearing and sobbing and despite repeated warnings, Blair failed to calm down and had to be arrested.

Blair said the reason he did not calm down was because Rosa would not answer him when he asked where his dogs were. Rosa said he told Blair that his dogs were running loose and had to be put down.


You can e-mail Herald Staff Writer Erin Remai at

eremai@sharon-herald.com



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