Deerfield Select Board deems dog dangerous, will decide conditions later

By CHRIS LARABEE

Staff Writer

Published: 06-20-2023 11:14 AM

DEERFIELD — After two separate incidents in which a dog bit people on the property where it resides, the Select Board has deemed the dog dangerous, but will determine conditions of its ownership at a later date to ensure safety.

Theo, a 7-year-old great pyrenees, escaped from his fenced-in area on the Greenfield Road property of owner Kate Clayton-Jones on April 7 and May 10, and attacked and injured people who were on the property. Clayton-Jones, who was out of the country at the time, said the dog, which is 130 pounds and bred for protecting livestock, saw the two people as a threat to the animals on her property.

Since that time, Clayton-Jones said she and her partner have installed new fencing and reinforced the existing portions. Select Board members, noting the dog’s instincts are to protect the home and animals, designated Theo as dangerous last week due to his history of biting people and because a dangerous situation could arise if he escapes again in his neighborhood on Routes 5 and 10, where there are several businesses with lots of visitors, such as Richardson’s Candy Kitchen.

“My goal is that Theo continues to live with you and does not ever again bite a human,” said Select Board member Tim Hilchey. “I recognize that this is a working animal. … I think in the context of what happened, dangerous dog is the appropriate finding. It doesn’t mean the dog itself is intentionally dangerous.”

The first attack happened on April 7, when Deerfield Police Sgt. Jennifer Bartak was called to the neighborhood for a report of a loose dog, which turned out to be Theo. Upon arriving, Bartak said she knocked on the door of the residence and Theo rounded the corner. She said talked calmly to him, but Theo began growling. As she was retreating to her cruiser, Theo bit her left calf and then “more aggressively” on her inner thigh. The wounds warranted a trip to the emergency room because of the depth of the bites and an anti-bacterial cleanse.

“I understand he’s a working dog,” Bartak said. “I’m concerned when he’s out of his enclosure.”

The second incident occurred on May 10, when James King, an employee of Patriot Properties, which provides assessing work for the town, approached the house to check on a permit. King said Theo seemed friendly, but bit his leg when he went around the back side of the house to knock on another door.

Clayton-Jones apologized several times to the victims and said it was “human error” that Theo was able to escape the enclosure. She added that Theo was injured in mid-March and was put on a steroid regiment, which may have contributed to his aggression. Deerfield Police Chief John Paciorek Jr., however, said he was “very concerned to just pass this off as steroid treatment.”

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“I feel like I failed him,” Clayton-Jones said of Theo. “We have worked really hard over the last couple of weeks to put in more fencing. … Our goal is to keep Theo safe and people safe.”

She noted that she had not registered Theo in Deerfield until recently because her family was living in Conway until they were displaced by a house fire in 2022. Clayton-Jones said the family plans to move back to Conway once the house is rebuilt.

Select Board Chair Carolyn Shores Ness expressed concern over Theo escaping and the danger he could pose to people in the area. At a minimum, she recommended the board impose conditions requiring that Theo be contained and securely confined to the home, and that the homeowners provide proof of insurance not less than $100,000 protecting themselves against claims of injury.

Hilchey, however, said he’d feel more comfortable going over the testimony before making a discussion. Shores Ness agreed and the Select Board voted last week — 2-0, as Trevor McDaniel was absent — to designate Theo as “dangerous” and continue the discussion of conditions to the board’s next meeting.

Chris Larabee can be reached at clarabee@recorder.com or 413-930-4081.]]>