Mark Hurlbut and Danielle Costa

Pit Bulls euthanized after being ruled vicious, 19 seized

Lodi, CA                San Joaquin County

June 27, 2006

On July 31^st, 5 Pit Bulls removed by Lodi Animal Control Officers from a home at the 400 block of East Walnut Avenue, were euthanized after being deemed vicious.  On June 27^th, Animal Control Officers spent hours wrestling with 19 dogs, ultimately capturing nine puppies and 10 adult dogs so the SWAT Team could serve an unrelated warrant.  Animal Control Officers noted in their incident reports that the dogs snarled, growled and charged at them.  No arrests were made.

   (Photo courtesy of Jennifer M. Howell/News-Sentinel -Hurlbut with one of his pitbull dogs)

Mark Hurlbut, age 43, stated on Monday that his dogs were not vicious and that the raid of SWAT officers in black gear, helmets and guns traumatized them.  He further stated that his dogs do not run loose and he has never been cited for any of them running loose.  Hurlbut and his girlfriend, Danielle Costa age 23, have lived in the East Walnut Avenue home for three years.  No drugs or weapons were found, and neither Hurlbut nor his girlfriend were arrested. Court records show that Hurlbut had one drug case in 2004 but that prosecutors dismissed the case due to insufficient evidence.

Hurlbut did not appear at a July 25^th hearing before John W Stovall, a private Stockton Attorney who also serves as Lathrop’s City Attorney.  Lodi Deputy City Attorney Janice Magdich stated that in such incidents, attorneys from other cities in San Joaquin County serve as unbiased hearing officers.

Stovall heard testimony from three animal service officers and he recommended that eight dogs be destroyed.  City Manager Blair King upheld the recommendation Friday, ordering that the dogs be euthanized after 5 p.m. on Monday.

One dogs has since perished of Parvovirus and Magdich stated two others will be the subject of another hearing because Hurlbut’s girlfriend has since stated that she was the actual owner of those dogs.

   (Photo courtesy of Jennifer M. Howll/News-Sentinel - Hurlbut fights back tears as he sits outside his home and flips through photo's of his putbulls.)

Hurlbut accused police of targeting him since then, stating that he has not caused problems. He noted that he built a fence for his neighbors to the east of his residence so that they could keep a Pit Bull they acquired from him.  Hurlbut’s friend, Michael Moreno stated he was ‘deathly afraid’ of Pit Bulls after being chased up a tree in Los Angeles and held there for hours – but he loved Hurlbut’s dogs.  Hurlbut had also introduced his 92-year old neighbor, Larry Flanagan, who stated he felt safe with the dogs nearby.

Hurlbut also disputed animal services officers’ reports that the yard and home were covered with dog feces – the worst case that one officer had seen in 19 years.  Hurlbut stated he took weekly trips to the dump to dispose of dog waste and that he used his underground construction skills to install a drain pipe in his yard so he could regularly clean the kennels without flooding the area.

Magdich stated the city did its best to notify Hurlbut at every step, even posting notices at the home though only mailing was required. Hurlbut stated he never received a notice about the hearing.  Magdich contended that Costa told animal services employees that the couple ‘just decided not to go’.

Hurlbut and Costa will both soon face charges of violating city ordinances by keeping vicious dogs, failing to license dogs and failing to keep proper living conditions for the animals. Magdich and City Attorneys will also pursue a criminal complaint of failing to care for animals, a misdemeanor under California law.

Update August 12, 2006:

A Hearing Officer is expected to rule during the week of August 14^th, whether more of the 19 original Pit Bulls seized from an East Walnut Avenue home should be euthanized.  Lodi Animal Control Officers and dog owner Danielle Costa testified at a hearing on Friday, August 11^th, regarding the two grown dogs.  Deputy City Attorney Janice Magdich stated that the outside Hearing Officer would rule next week.

The city has declared the dogs vicious, and animal control officers euthanized five dogs last month after City Manager Blair King upheld the hearing officer's decision.
 
Danielle Costa, whose boyfriend, Mark Hurlbut, is the primary owner of most of the dogs, brought a witness to Friday's hearing. The witness testified she would let her 9-year-old daughter in the kennels with the dogs.

Update August 26, 2006:

2 more dogs were deemed vicious but City Manger Blair King ruled that the dogs may be returned to their owner on certain conditions.  The city ordered owner Danielle Costa to pay a lien of nearly$6,000 which includes care and medical treatment for 2 dogs and 10 puppies or the animals would be ruled abandoned and could be put up for adoption.

Costa must also have the 2 adult dogs spayed and neutered, confined in kennels that are approved by the city's Animal Services Division and muzzled if they leave her property.

Update September 6, 2006:  Jewel, the female dog was discovered stolen from the Lodi Animal Shelter on Ham Lane.  The perpetrator scaled a wall to the shelter, cut a lock on the kennel and took the dog.

All the puppies have been spayed and neutered and shelter employees are in the process of finding homes for them.  The adult male dog will be euthanized as neither Costa or Hurlbut have paid the fines.

Update October 24, 2006:

4 months have now passed since the seizure of the dogs.  Now arrest warrants have been issued for the dog owners.  The warrants relate to city code violations and misdemeanor charges including failing to renew dog licenses, exceeding the city's limit of 5 animals per household and not properly caring for the dogs.

Hurlbut and Costa did not appear in court the previous week, so Judge Robert Baysinger signed warrants totaling $35,500 for Hurlbut and $30,000 for Costa.

When the Lodi SWAT Team served a warrant at the East Walnut Street home of Costa and Hurlbut, Costa was arrested and charged with possessing stolen property.  The charge was later dropped when Costa and Hurlbut showed a receipt for the item in question.

Reference:

Lodi News-Sentinel