An issue of jurisdiction

Out of town animal bite incident frustrates Oskaloosa man

By ANDY GOODELL

OSKALOOSA — It all depends on where it happened.

On July 18, Ryan Hunick and his daughter, Lily, both of Oskaloosa, were relaxing at Belva Deer Recreation Area near Sigourney. What happened after that found its way into a Keokuk County Board of Health animal bite report.

Keokuk County Sheriff’s Deputy Eric Kephart gave his account of the incident in the bite report.

According to Kephart’s statement, at 11:36 a.m. July 18, he was dispatched to the Keokuk County Emergency room for a dog bite report. His statement goes on to confirm that Lily Hunick, 6, had been bitten by a dog at Belva Deer Recreation Area.

Kephart discussed the incident with Ryan upon arrival at the hospital.

“Hunick stated that his daughter, Lily Hunick, had been bit on her left cheek, her neck, and her left index finger,” said Kephart in his statement. “At this time I informed Mr. Hunick that I would gather the information I needed from the dog owner and if he had any further questions, he could reach me through the sheriff’s office. I was informed by medical personnel that Lily would need stitches and the appropriate shots.”

After gathering the information on the dog in question, Kephart said he instructed the dog owners to keep the animal confined until they were served with a notice on what to do with the dog. Kephart’s statement concludes by saying the dog owners agreed to transport the dog to their home and keep it “locked up.”

A confinement notice was sent to the dog owners stating the animal in question was to be confined to the owners’ home for a 10-day period through July 28.

What makes this incident a little different is the fact that the dog and its owners do not live in Keokuk County. Rather, they reside in Mahaska County.

Gabby Evans, director of Stephen Memorial Animal Shelter in Oskaloosa, said this unique case has run into jurisdictional difficulties. She said issues of jurisdiction are what has prevented the dog in question from being deemed vicious under a vicious dog ordinance for three weeks after the incident.

Evans added, a temperament evaluation is part of the requirements for deeming a dog vicious. As of Wednesday afternoon, such an evaluation had been conducted on the dog in question, said Evans.

On Wednesday, Ryan said he wanted the temperament evaluation but was frustrated that it hadn’t happened earlier.

“It should have been taken care of a long time ago,” said Hunick Wednesday afternoon. “I’m pretty upset about it.”

On Thursday afternoon, Evans said the videotaped temperament evaluation at her facility on the dog in question made her conclude it was not vicious. She went on to explain that the temperament evaluation could not be held until the 10 confinement days were up and that scheduling the evaluation is not as easy as it sounds.

Evans said the Oskaloosa Police Department, as well as members of her staff need to be assembled for the evaluation.

An ongoing investigation into the incident is now in the hands of the Oskaloosa Police Department, according to Oskaloosa Police Chief John “Jake” McGee.

——————Herald City Editor Andy Goodell can be reached at news2@oskyherald.com

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