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Home My WebLink AboutCOM 0642.076 2020-2022 Ni COUNTYCLERK Cheryl Vos COUNTY OF HAM PO Box 6126 RECEIVED 92-812 Maikai Blvd '5,2a° ' A,— Ocean View,Hawaii 96737 ° I IAN—lal These documentshavebeen sent to the Prosecuting Attorney Office in Hilo &Kau also. Report: 20-070835 Date: - -2020 Officer: E.Haskell Type of Incident: Dog Bite UNLEASHED Dogs Attack On September 16,2020,at 545AM woke, 555AM started walk out of my driveway onto Maikai Blvd and headed up to Tapa Drive with our small dog Wrigley (I was so happy Griffon,our blind dog,was not with me).When I got to the intersection of Tapa and Maikai,I saw the two larger white dogs. They were on Tapa, west of Kahili Blvd, so I turned east on Tapa toward Alii. I immediately called police to report the dogs running free. When I got to Alii Drive on Tapa,I turned around and walked back toward Tapa and Maikai. I saw the two large white dogs were now half way between Kahili and Tapa about 613am. Wrigley spotted the dogs and started yiping. I yelled go away several times and they turned around and headed toward Kahili. Wrigley and I started down Maikai.The larger of the two dogs was in front,the dog turned toward the ocean and started walking into the lava. I turned and hurried down Maikai to our driveway,Wrigley still yipping. Watching the dogs out of the corner of my eye,I saw that went into the lava come at us. He attacked Wrigley several times while I was holding him close on his leash.As I was pulling Wrigley toward me, I began yelling for help. At this point I got Wrigley close to me,then the dog attacked my right lower leg pulling me down to the ground. This entire time,I was yelling for help because my phone fell out of my hand. As I sit on the ground,I was now looking at the side of the dog in my face.I saw Wrigley in the dog's mouth. Still yelling help,I grabbed a 4 inch rock and through it at the same time my husband,Mike came up the hill in our car. I don't know if it hit the dog but it saw the car coming and ran off.As I sat on the ground,I put a belt around my leg to stop the blood from spraying everywhere. Mike grabbed Wrigley and put him in the car and I slowly climbed in the car with Mike's help. I immediately called the police again, this time telling them I was attacked.They wanted to send and ambulance but I refused as we were already headed to the hospital. At the Kau hospital,I had 3 very large holes in my leg stitched from inside to outside and one not so deep hole stitched. Officer E Haskel came and took my report.Then he took my husband's report and told Mike, I would get a subpoena to appear in court. Many stitches later and a traumatized dog,I was good and began warning our neighbors to be aware these dogs are dangerous. The Dogs: Our neighbor below us Damian heard me yelling also. He came out in his golf cart. I yelled the dogs attacked me,he then went and followed the dogs to their home. Damian then returned to the intersection of Tapa and Maikai to wait for the police to arrive.The police arrived and Damian took them to the home of the dogs. Officer Haskel,obtained information from the other officers who went to the home of the dogs. Report: 20-070835 Date: 9-16-2020 Officer: E.Haskell Type of Incident: Dog Bite Comm, N, . €t -- -- Conversation with Officer E Haskel Ret ate On September 18th,Mike and I spoke with Officer E Haskel regarding the dogs being taking away. Officer Haskel said the dogs were tied up on 16th at their home 92-854 PRINCE KUHIO BLVD. The mom told the police that went to their home,the son has a hard time keeping them tied up. The officer also told me I will get a subpoena to appear in court with the owner address: Dog Attacks in Ocean View Ranchos On September 16,1 posted on Ocean View Community Facebook page and on Rancho Facebook page,the news of the attack of the dog so everyone would be safe.As a result of the postings,many came forward to let me know of the dogs attacking their dog or chickens. • Michele Petersen `I think that's ones that killed our son'dog.Tapa street Kona end." • Deborah Ushiroda "I think they are stray dogs they've been in my neighbors yard attacking her dogs also" • Crystal Leonards "93-845 Prince Kuhio is owner address. Has the white tires near entrance.These dogs have killed multiple dogs over the years" • Melissa Ann Swinson "Think these dogs killed my sisters dog on Tapa a few months back" • Anna Arratia "These dogs killed my 41b chihuahua in March. I called the humane society. I'm still upset and my other chihuahua is so lonely.These dogs also attacked my neighbors dog and they had$800 in vet bills.I will do what I can to help you." • Audrey {lives on Kahili above Tapa} reported the dogs to Officer Iscac Michaels She was pinned in her home by the two dogs at Sam on 911612020, same day as Cheryl's attack" Dog's address: 92-854 PRINCE KUHIO BLVD Owners mailing address: REPLOGLE,JOHN ROY JR PO BOX 296 HONAUNAU HI 96726-0296 Subpoena to appear in court-August 2022 Bills See Attached • 9116 • 9123 • Ka'u Hospital $3846 • Ka'u Hospital $875 • HEPA$491.10 . HEPA$142.41 • 9119 9/28 • Ka'u Hospital $878 • Ka'u Hospital $878 • HEPA$491.10 • HEPA$142.41 • Hawaii Police Department Records Report $2.35 • Longs Drugs for Amoxicillin $19.96 Total BINS to Date — !$7,763.78 Ocean View Ranchos Road Maintenance On November 9th,I attended the HRRMC Board of Directors requesting Hawaii Leash Law signs for the Ranchos Community. The BOD approved signs and are adding Leash Law information to the webpage and to the road maintenance letters mailed to all of the Ranchos Community. The following is now posted on the webpage: - Hawaii has LEASH LAWS that apply to our subdivision. Road maintenance is posting signs per member request to better inform our community.We all live in this community,we all have the right to walk in our subdivision with out fear of getting attacked,chased or fearing for our pets. If you see dogs loose,call the our police department at 808-935-3311.The police department asks that you follow the dogs to the residence they return to and call the police,do not confront,owners. Hawaii dog bite statute The dog bite statute of this state is HRS section 663-9: Section 663-9 (Liability of animal owners) (a) The owner or harborer of an animal,if the animal proximately causes either personal or property damage to any person, shall be liable in damages to the person injured regardless of the animal owner's or harborer's lack of scienter of the vicious or dangerous propensities of the animal. (b) The owner or harborer of an animal which is known by its species or nature to be dangerous,wild, or vicious,if the animal proximately causes either personal or property damage to any person, shall be absolutely liable for such damage. [L 1980,c 218, §2] Section 663-9.1 (Exception of animal owners to civil liability) (a)As used in this section: (1) "Premises" includes any building or portion thereof or any real property owned,leased,or occupied by the owner or harborer of an animal. (2) "Enter or remain unlawfully" means to be in or upon premises when the person is not licensed, invited,or otherwise privileged to be upon the premises.A person is not licensed or privileged to enter or remain in or upon a premises if a warning or warnings have been posted reasonably adequate to warn other persons that an animal is present on the premises.A person who,regardless of the person's intent, enters or remains in or upon premises which are at the time open to the public does so with license and privilege unless the person defies a lawful order not to enter or remain,personally communicated to the person by the owner of the premises or some other authorized person.A license or privilege to enter or remain in a building which is only partly open to the public is not a license or privilege to enter or remain in that part of the building which is not open to the public.A person who enters or remains upon unimproved and apparently unused land,which is neither fenced nor otherwise enclosed in a manner designed to exclude intruders,does so with license and privilege unless notice against trespass is personally communicated to the person by the owner of the land or some other authorized person,or unless notice is given by posting in a conspicuous manner. (3) The definitions of "intentionally" and "knowingly" as contained in sections 702-206(1) and 702-206(2) shall apply. (b) Notwithstanding sections 663-1 and 663-9,any owner or harborer of an animal shall not be liable for any civil damages resulting from actions of the animal occurring in or upon the premises of the owner or harborer where the person suffering either personal or property damage as a proximate result of the actions of the animal is found by the trier of fact intentionally or knowingly to have entered or remained in or upon such premises unlawfully. (c) Notwithstanding sections 663-1 and 663-9,any owner or harborer of an animal shall not be liable for any civil damages resulting from actions of the animal where the trier of fact finds that: (1) The animal caused such damage as a proximate result of being teased,tormented,or otherwise abused without the negligence,direction,or involvement of the owner or harborer; or (2) The use of the animal to cause damage to person or property was justified under chapter 703. [L 1980,c 218, §3; gen ch 1985] Thank you for your time. I look forward to hearing updates on my case. Cheryl Vos,Phone#859.609.4624 Email vosmaikai@gmail.com i�M �Iylx li I hs FSI# 4 J t 4 4 «9r i M� ."+pn ryf f f H m y� n ,s rf 4k al'>^34 L r / / Yd d 1 l One photo of Wrigley but he was bitten and dragged around also by the neck / '. t � f 4 Y� ✓,.� �4�,j�rti Y l�V �i ' ��'��t��, = 3� Ns' � �'�+a Ar ��j r /.�f ,R e ri Uig•, Y k;�� a 3 y September 16,2020 Dogs coming toward'TAPA November 30th 2020 Photos of dogs not on leashes &February 1, 2021 dogs walking without leashes. '�� '� I'�',V Iii i�'ru� ��,� ��j��q �,g�-� N �^C•. i t '4 N r