February 13, 2000

Attorney Donald N. Perkins, Chairman of Macomb County Attorneys for Animals as well as immediate past secretary of the Animal Law Section of the State Bar of Michigan, announced today the filing of a Brief in Support of Appeals to the Washetenaw County Circuit Court on behalf of the Ikuma family of Ann Arbor. The legal brief requests the Washtenaw Circuit Court to overturn the Ann Arbor District Court’s earlier decision to destroy the Ikuma family dog after it bit a newspaper carrier. In conjunction with filing the brief, Attorney Perkins made the following statement:

"The Ann Arbor District Court’s decision to order the Ikuma family dog to be destroyed is, in the circumstances of this case, totally unwarranted. This dog is a family pet which was acting to defend its family’s home against a teenage trespasser. This trespasser actually opened the door to the Ikuma family residence and without knocking, without ringing the bell, without warning, and without permission tossed the Sunday morning newspaper five feet inside the family’s home. The newspaper carrier admitted at trial he could see there was a dog present in the home just a few feet from the door even before he opened it. This type of trespassing entry of a family’s residence is against the newspaper’s own delivery policy and was totally without justification. Members of the Ikuma were not present in the front part of the home when the newspaper carrier opened the door, and the dog reacted as family pets will defend against a stranger who suddenly opens the front door to their home. It is outrageous that any newspaper carrier would attempt to deliver a newspaper inside a family’s home. It is equally outrageous to kill a family dog that bites such a trespasser.

The District Court was completely wrong, both morally and legally, to order this innocent dog to be destroyed. Michigan law rightfully protects a dog who bites when confronted with a trespasser or when tormented, provoked, or acting to defend its family from threat of harm. The Ikuma family dog was acting to protect his human family from what he reasonably perceived as a threat.

We are appealing this misguided court order because the trespassing teenager was at fault here, not the dog. The bites were not even that serious; a grand total of thirteen (13) stitches were required.

Macomb County Attorneys for Animals will appeal to the highest judicial level we can on behalf of this innocent animal. We are confident we will win this issue.