pets

The man who shot a neighbor's dog on New Year's Eve won't be arrested, Sheriff Gary Maha said today.

Maha released the information report on the incident and in a statement the neighbor said he had started carrying his .357 Magnum that day because the dog had become increasingly aggressive toward him.

Another neighbor, a 78-year-old man, who said he saw the incident, told Deputy Bradley Mazur that he saw the dog charge across the shooter's yard and heard the dog growling and believed the dog intended to attack the man. He then heard two gun shots, but didn't see the dog get hit.

While Maha made no statement about why there will be no arrest, he shared a copy of Agriculture and Markets law, which says there is no liability when a person has a reasonable belief that he or she is being attacked by a dog and then kills that dog.

The dog's name was Pepper and she was owned by Greg Gass, a resident of Dodgeson Road, Alexander.

The Batavian first broke the news of the incident after the Gass family created a Facebook page called Justice for Pepper. 

The Gass family does not believe Pepper was an aggressive dog.

"She was the sweetest little thing," Jen Gass said. "She played with a little 5-year-old who pulled her ears and would play roughly, and Pepper never did anything about it. She played with other dogs and never had a problem. I know she's a big dog. She looks like a big dog and people can be intimidated, I guess, but she didn't have a mean bone in her body."

In his statement to police, the man who shot Pepper said the dog had been coming onto his property more frequently.

He said the day before the incident, Pepper, a bullmastiff, had been in his yard and acted aggressively toward him and his two grandchildren, ages 7 and 8. 

Once the dog saw me, it became aggressive towards me by barking and growling at me and snapped at me," the man wrote. "I was yelling and pointing at the dog to go home and I was concerned for my safety as well as my grandchildren. I then heard my neighbor, Greg, who is the dog owner, calling the dog's name. The dog did not leave right away when Greg was calling it to come home. I only yelled at the dog and I did not kick the dog or make any other physical contact. The dog ran towards the front yard and Greg was in the back yard. The dog never actually went to him. This was not the first time Greg's dog had been on my property. The dog was more aggressive with each time it was over here."

That incident convinced the man to start carrying his gun, he said.

He said he went out to his shed at about 12:34 p.m., New Year's Day, and the dog started to run directly at him and was barking and growling.

"I pulled out my gun and I yelled at the dog, 'go home, go on,' and the dog never stopped running at me," he said. "I was in fear for my own safety and took two steps backwards. The dog was about three feet from me and lunging at me and I shot the dog. I shot two rounds at the dog and I believed that the first round was in the upper chest just under the dog's neck. The second round was in the front of the dog's head."

Greg, he said, yelled over, "Did you just shoot my dog?" The man said he did.

Greg came over and asked the man, "When did you start carrying?" The man told him, "since yesterday when your dog did the same thing."

Mazur reviewed a surveillance video of the incident and wrote in his report that he consulted with Assistant District Attorney Melissa Cianfrini and provided his interpretation of what the video showed and shared what he had been told by the shooter and the witness. Mazur said Cianfrini advised him there was no crime committed and that the neighbor had a right to protect himself.

Via The Batavian's news partner, WBTA:

A man walking a dog on East Main Street sometime two weeks ago reportedly stomped a cat to death and Volunteers for Animals is offering a $750 reward for information leading to the arrest and conviction of the culprit.

"The owner of the dog sent the dog after the cat and the cat was being thrown up in the air," said Wendy Castleman, with the volunteers. "Then the man stomped on the cat, and according to the examination by a local veterinarian, the cat had numerous injuries caused by the dog as well as a broken spine and a crushed skull caused by the stomping."

The incident occurred around 6:30 p.m., Dec. 3, Castleman said, in the area of 600 E. Main St., Batavia.

"We see a lot of neglect at the shelter but this is different in that it is a very violent act," Castleman said. "We all found it extremely disturbing that someone would do this."

The volunteers initially offered a $500 reward, but through a donation this morning were able to up the reward to $750.

Batavia Police encourages anyone with information to call their confidential tipline at 345-6370.

Phoenix is missing somewhere in the Brookville and Hunn roads area of Alexander. She was last seen at home about 5:30 p.m. but got out of the house somehow.

She is sick. She has breast cancer and it is spreading to her lungs. She needs medication daily.

Phoenix is 9 years old, an English setter that is black and white. She is very friendly.

If found, contact Edna at (585) 813-2997.

"Louie" is on the lam, and his owner Brendalee longs for his special feline friendship. The nearly 2 year old brindle "tiger" cat somehow got out of the house Thursday evening and hasn't been seen since.

Brendalee lives on Ellicott Street by St. Joseph's Cemetery in Batavia and runs B's Pet Grooming service. She said this afternoon that Louie never leaves the house. Not only is he not accustomed to the ways of the world, his front claws have been removed.

He's neutered, doesn't have a collar, and weighs about 10 pounds.

Louie could probably be lured into captivity with treats. He's a real sucker for snacks.

If you see this little scamp, let Brendalee know. She'll be waiting by the phone -- (585) 300-7027.

UPDATE Wednesday 9:24 a.m.: Brendalee just sent us a text message saying Louie was found and is home now. She added that he is "grounded for life." Happy Thanksgiving!

"Luckson" -- a "very large" green-eyed all-black cat from Water Street, Attica -- has been missing for several nights now and the owners are hoping someone took him in during the severe weather conditions.

They would love, of course, for their dear, four-legged friend to be returned. They are just worried sick about their shelter adoptee and hope Luckson's luck has not run out.

If you know of his whereabouts, please contact Brittany Boyce at 585-813-2772.

UPDATE: Luckson has been found.

UPDATE: Pre-sale tickets can be purchased at the shelter during hours today from 1-3 and tomorrow from 11-1.

The 11th annual Fur Ball will be held this Saturday, Oct. 25, at the Days Inn in Batavia. The fun begins at 6 p.m. and there will be lots of food, surprises and auctions.

This year's theme is "Shelter Pets are Pawsitively Purrfect."

Tickets are $25. ($50 if purchased the day of the event). Children 12 and under are $15. A table for 10 is $225.

Proceeds benefit the Volunteers for Animals Spay and Neuter Program.

Make checks out to:  Volunteers for Animals - Spay/Neuter Program.

The Days Inn is located at 200 Oak St.

To contact Volunteers for Animals:

info@vol4animals.org

www.vol4animals.org

(585) 813-3839

P.O. Box 1621, Batavia, NY 14021

Bobbie Jo M. Klycek found this beagle wandering in her backyard this morning. She lives on Lymon Road, Byron. She left a message with the animal shelter, but took the dog to work with her this morning (she works in Batavia). If this is your beagle, call her at (585) 507-5656.

UPDATE: It appears the owner has been located.

Fox'r is ready to go home. Whose home, we don't know yet, but it won't be the home of Nina Kelso.

In City Court today, Kelso finally surrendered ownership of the boxer, who has been living at the Animal Shelter since being found on death's doorstep at Kelso's former residence on Hutchins Street more than nine months ago.

He can now be adopted into a forever home by a local resident.

While Fox'r has put on weight -- he's up to 84 pounds -- and regained his strength, he's also been fidgety and nervous while confined most hours of the day to a cage at the shelter. He likes people and wants to be around people, volunteers say.

The volunteers at the shelter have taken to calling him "Skully" and "Boyfriend" and they've been eager to see Kelso's court case completed so he could find a new home.

Concern for the dog is one reason the District Attorney's Office agreed to a plea bargain in the case, ADA Robert Zickl told Judge Robert Balbick in City Court today.

"There's no reason for the animal to continue being confined to the shelter," Zickl said. "It should be adopted out and that is what we prefer to do because it's in the best interest of the dog." 

Kelso entered a guilty plea on an Alford basis to one count of torturing an animal.

An Alford plea means she concedes she would likely be found guilty by a jury, but does not admit to the facts of the prosecution's case against her.

Today's proceedings started with Kelso's attorney, Fares Rumi, laying out his understanding of the plea agreement offered by the people.

The agreement was a guilty plea to torturing an animal, no fees for his care up at the shelter and no jail time.

Balbick shot back that he wouldn't necessarily agree to the terms at sentencing.

"I would have to look at her background, a pre-sentence investigation, the facts of the situation and decided if no jail would serve appropriate justice," Balbick said. "I can't do that blindly. I know nothing about your client except that she is charged with torturing an animal."

Looks of shock and horror passed over Kelso's face, who sat at the defense table in a black blouse fiddling with a long silver chain draped around her neck. She appeared close to tears.

After some whispers between her and Rumi, some more back and forth between Rumi and Balbick, Balbick suggested the attorneys proceed with the planned suppression hearing.

Rumi had made a motion to get thrown out any statements Kelso made to Officer Jamie Givens the day she responded to an animal cruelty complaint at 142 Hutchins St. on Feb. 4.

Givens found Fox'r at the top of a common stairwell (shared by two apartments). Food was strewn everywhere, there was no water, and it didn't appear that Fox'r even had the strength to raise his head, Givens testified.

He was so emaciated his ribs were showing.

Minutes after Givens arrived on scene, Kelso came up and walked up the stairs and spoke with Givens.

Rumi argued that Kelso should have been read her rights before speaking with Givens. An argument Balbick would later reject saying that Kelso wasn't in custody at the time and her statements were voluntary. 

Kelso told Givens, Givens said, that Fox'r had eaten either cigarettes or some chemical that made him sick and cause sudden weight loss. Kelso reportedly said she knew Fox'r was close to death and that her brother-in-law was supposed to pick him up the next day and take him some place and shoot him to death.

Through the entirety of Givens testimony, Kelso sat silently shaking her head "no."

After the testimony, both attorneys met with Balbick privately.

When they came back into the courtroom, Rumi met with Kelso privately. They all then approached the bench and Rumi said Kelso had agreed to the terms.

Balbick again emphasized that he retains the option to reject her guilty plea when she comes in for sentencing Jan. 6.

Through tears, Kelso said she understood.

As the details of her guilty plea and the process were discussed, Kelso stood next to her attorney nearly sobbing, but mostly holding it together.

When Balbick asked her if she was ready to surrender the dog, Kelso could barely form the word "yes" with her mouth, started to sob briefly and looked straight up at the ceiling.

Seconds passed, and she managed to sob, "yes."

An animal control officer at the back of the courtroom began preparing the paperwork.

The animal shelter is located at 3841 W. Main Street Road, Batavia. Phone: (585) 343-6410. Applications for adoption are being accepted immediately.  

Around the time of Kelso's arrest, another Batavia woman, Lauren K. Pellegrino, also also arrested for allegedly mistreating her dog, Nessa. Pellegrino was scheduled to appear on her case at 1:30 p.m., and as of 4 p.m., she had yet to show up in City Court. She missed a previous court appearance, as well, and eventually turned herself in on a warrant, according to court officials. The court was attempting to contact her attorney this afternoon. Nessa remains confined to the shelter.

CORRECTION: we originally wrote "no fine." Kelso could be fined up to $1,000. The plea relieves her of responsibility for shelter fees. However when Balbick informed her she could be fined Kelso said she had been willing to pay for Fox'r's care.

Deb Hill's chocolate lab Maggie has been missing since yesterday.

Deb said Maggie may have been scared of yesterday morning's weather and tried to follow her husband to work.

In the Indian Falls, Route 77, Phelps Road area.

She has a silver chin.

UPDATE: A reader has helped reunite Deb and Maggie.

When Baxter speaks he doesn't just say "woof." He says, "I love you." That made him Genesee County's Top Dog in the first-ever video dog trick contest sponsored by The Batavian and WBTA.

Baxter is owned by Joyce Zaremski

Here's Baxter's winning video.

Stefanie and Kevin are hoping you can help them find Zoe. She's been missing for a week now. This is an older picture. She's put on a little weight since it was taken. Her home is in the Byron area. If you've seen Zoe or have Zoe, call (585) 548-9961.

UPDATE Aug. 15: Zoe is home safe and sound, according to her very happy owners, Stefanie and Kevin!

Vixie is missing and owner Alli Crawford is looking for her. She's a red pomeranian and was groomed recently. When she took off, she still had her leash attached. Alli has only had her about a week or so and she's very timid, Alli said. Vixie went missing in the area of Shepard Road about 2 p.m. yesterday. Alli can be contacted at (940) 368-3899.

UPDATE Thursday, Aug. 7, 6:13 p.m.: Vixie has been found and reunited with her family!

Jeff Allen's daughter found this dog wandering on Albion Road, Oakfield, last night. Jeff said he checked with neighbors and nobody had seen the dog before. It appears to have been at large for some time. The dog has a collar but no tags. If it's your dog, contact Jeff at (585) 356-9705. The owner should be able to describe the collar or present proof of ownership.

UPDATE: All spiffed up:

This dog was found this evening wandering on Mechanic Street in Elba. It has tags, but the village hall is closed until Monday. If it's your dog, call Carol at (585) 757-6856.

This dog was found in Attica near Dollar General and Thompson Motors. It wandered into Lisa Gautieri's backyard.

"She's super well behaved and great with our two dogs," says Lisa. "I know she has a family that is missing her and worried."

Lisa can be reached at (585) 750-1480.

UPDATE 8:35 p.m.: The dog has been reunited with its family and all is well.

Some of the shelter volunteers call him "Boyfriend," which tells you something about how "Foxer" has won the hearts of the people who care for him every day.

The white and brown pit bull is sweet, kind and gentle and gets along well with the other dogs and people he meets.

The only serious issue for Foxer these days seems to be a question of how much longer he's going to be confined at the Genesee County Animal Shelter.

Officially, he's "evidence." 

Foxer, also known around the shelter as "Skully," is caught in a legal battle between his owner, Nina Kelso, and the government that is prosecuting her for allegedly mistreating him.

Kelso's case has been pending in Batavia City Court since Feb. 4 when she was charged with torturing or injuring an animal; failure to provide sustenance; and owning/harboring an unlicensed dog. 

The 29-year-old Batavia resident had another court appearance scheduled last week, but as with her previous court appearances, her case was continued, so Foxer's fate remains unresolved.

According to Batavia's Animal Control Officer James Sheflin, Kelso won't sign Foxer over to the shelter so he can be adopted, and since Kelso's case is still pending, the shelter has no choice but to keep him confined.

He can't even go to a foster home because he's considered evidence. Until his status changes he has to remain in the supervision and custody of the shelter.

And he's getting a little stir crazy.

During those hours he's confined to his cage, Foxer doesn't do much other than spin in circles. 

"In the kennel I think he gets a little bit of anxiety, but as you can see, as soon as he gets around humans he's happy and ready to go," Sheflin said. "I can't speak to how he was before we got him, whether he had a lot of human contact before, so I don't know if it's a separation-anxiety type thing."

Volunteer Brenda Cromwell said Foxer is walked daily and even gets a car ride from time to time, but still he spends about 23 hours a day in his cage.

Healthwise, he's doing much better. When he first came into the shelter (see picture below), he weighed 49 pounds. Today, he weighs 75 pounds.

He was treated by a vet for gastroenteritis. 

"He is food-obsessed and looks forward, anxiously, to his next meal," Cromwell said.

Another dog brought to the shelter a couple of weeks before Foxer was Nessa, owned by Lauren K. Pellegrino. Pellegrino's case, like Kelso's, is still pending, so Nessa remains confined to the shelter, but has adjusted to shelter life better than Foxer. Nessa displays no anxiety issues, but is as comfortable and happy around people as Foxer.

Photo of Foxer taken Feb. 4.

Nessa, above, today, and below, when she was first brought to the shelter.

With a bachelor's degree in psychology from the State University of New York at Brockport, Tori Ganino understands the benefits of positive reinforcement in the development of children.

Conversely, this understanding has traversed into her developing business, Calling All Dogs.

She, along with husband Rich Ganino, opened the training and obedience "school" in February, this year. Both hold the belief that positive reinforcement is essential when training dogs with fear and aggression issues. 

“Positive training teaches a dog that something is a good thing,” the Elba resident said. “Punishment techniques only reaffirms fearful behavior.”

Using techniques referred to as "luring," "shaping" and "capturing," Ganino is able to assist dog owners with reshaping their animal’s negative behavior. These training methods use dog treats as a reward system for positive behavior. For example in luring, the owner holds a treat in front of the dog’s nose, brings it back over the top of the dog’s head, the animal then follows the treat and has no alternative but to “fall” into a sitting position; that is when the dog gets the reward. Shaping, though similar to luring, breaks down a command into small steps using treats for the “jackpot” reward. 

“This method rewards the dog for trying, so the dog doesn’t think 'Why am I not winning? This isn’t fun.' It’s a way to make a dog think,” Ganino said.

Capturing on the other hand, rewards a dog when it’s “caught” in an acceptable behavior like lying down. The animal is rewarded with a dog treat or other positive motivation, like petting or playing catch with its favorite ball.

Tori developed an interest in positive dog training methods when she adopted a dog from a shelter who had a negative experience with a person. Furthermore, she had a negative experience when she took her dog to a basic training course, then a second negative experience with a different trainer. 

“I knew that my dog had outward aggression and the techniques used by the other trainers were not helping me or my dog,” she said. “I needed to be an advocate for my dog and find training strategies that use positive reinforcement as a method for obedience.”

To develop her ensuing passion as an advocate for dogs with fear or aggression issues, Tori went to Animal Behavior College via an online course. In addition to classwork and tests, she had to also volunteer at a local shelter or training facility as well as intern with a certified trainer for seven sessions.

“The course taught me the basics, but I wanted to learn more,” the certified trainer said. “It was a great start though.” 

Tori interned with a trainer near Irondequoit for one-and-a-half years. During that time, she continued reading, watching videos and asking “lots of questions,” but she credits the hands-on experience for her enthusiasm to help other dogs and their owners. 

“I am constantly learning and updating my knowledge with books, seminars and other trainers,” Tori said.

Calling All Dogs can also prepare a dog to earn the Canine Good Citizen Certificate. Upon completion of this “rigorous” training, owners can have their dogs test through AKC.org to receive a certificate assuring that the dog is a “really good dog."

“However, emergencies happen and I am here to help,” Tori said. “One client adopted a dog from a shelter, brought the dog home and the dog bit her husband. This happened later at night, I was there the next day to work with the dog.”

Behavior adjustment helps a dog change its thought process, kind of like Pavlov’s Law. Another method is called "Clicker Training" -- work first, then rewarded for work.

“With fear, anxiety and aggression, we take the behavior out of the dog and make it excited that that person or object is really okay,” she said. “It also works with anxiety or fear of sounds such as thunder.”

Ganino also volunteers at the Genesee County Animal Shelter with Volunteers 4 Animals. There she teaches group classes with the volunteers to work with dogs to help them become more adoptable.

“We recently worked with one dog with barrier problems,” Ganino said. “He had a fear with people coming near his crate. We helped make him excited for people to be there.”

Currently, Calling All Dogs holds private lessons in both Genesee and Monroe counties. However, group classes will be starting in the near future at the Tractor Supply on East Main Street, Batavia. While their “ultimate goal” is to open their own building to foster, train and socialize dogs, the business does host Moderate Day Care sessions. 

“It’s like taking your dog on a play date with 10 to 15 other dogs,” Ganino said. “They need to socialize. It’s good for them mentally as well as physically.

“We encourage our clients to do the research,” Ganino said. “Communication is the key between me and our clients; call, text, e-mail; anything to keep the lines of communication open.”

Ganino stresses that her training techniques are based on positive methods, using tools that physically and mentally exercise the animal. She also emphasized that dogs want to learn and owners need to make it fun and get dogs excited about training. According to the dog trainer, oftentimes owners become impressed with what their dogs can do.

“Our business motto is ’Training for all breeds!’ There are always breeds being discriminated against for aggressive personalities,” Ganino said. “For this reason some major training chains do not allow them in their play group or training classes.

”Right now the breed being targeted the most is the pit bull,” Ganino continued. ”We accept all breeds. Every dog can learn and deserves the chance to.”

For more information visit CallingAllDogsNY.com or to volunteer at the Genesee County Animal Shelter visit www.vol4animals.org.

Maria Yefremenko says she is desperate to find her orange tabby, which has been missing since the night of May 20. The cat has green eyes and was last seen on Walnut Street in Batavia. He has a small tear in his left ear and small black spot on his right paw. Contact Maria Yefremenko either by e-mail at myefrem@gmail.com or call/text (585) 479-5229.