The Waitsfield Select Board fined the owner of a dog that recently killed three goats and banned that dog from the town forever after an Aug. 24 public hearing and subsequent executive session. The board issued two $25 tickets to the owner.
At the meeting, the board heard testimony about an Aug. 8 incident in which an Alaskan husky named Shadow escaped from a car, crossed the Mad River and attacked a herd of goats eating knotweed on town property.
The goats belonged to Mary Beth Herbert, who was under contract with the town to use the animals to control Japanese knotweed on the floodplain portion of the former fairgrounds. Three goats died as a result of the attack.
Board chair Brian Shupe said the board's role was limited to determining whether the incident violated the town's domestic animal control ordinance and, if so, what action the ordinance allows.
FRED MESSER'S REPORT
Animal control officer and select board member Fred Messer presented a report reconstructing the events. At about 6:15 p.m., Deidra Darr was carrying laundry from the laundromat at Fiddler's Green to her car, where Shadow was waiting. The dog's lead rope, which had been secured to a seat headrest, had been chewed through.
Shadow bolted from the car and ran through Fiddler's Green, crossed the Mad River and jumped a 4-foot fence enclosing 28 goats. Darr called for help and pursued the dog, along with her boyfriend and two friends, but they were unable to stop the attack.
Herbert arrived about 20 to 30 minutes later for her evening check and broke up the attack by throwing stones at Shadow. A second dog was present but did not participate, according to Messer's report.
Herbert’s veterinarian arrived and determined that two goats had to be euthanized. The remaining goats escaped their enclosure while the incident was being handled, and volunteers did not return the herd to the pasture until early the following morning. A third goat was then euthanized because of its injuries.
Messer concluded that Darr had taken reasonable precautions by keeping Shadow inside the closed vehicle and attaching him to a lead. He characterized the incident as an unfortunate accident, while also finding that Shadow met the town ordinance's definition of a “vicious dog,” a term Messer later clarified referred to what the ordinance now describes as aggressive behavior.
DARR AND MORRIS RESPOND
Darr told the board she had known Shadow for some time and had walked him in Burlington, but this was her first time serving as his dog sitter on her own. Before Keith Morris, Shadows owner, left the dog with her, she said, they visited dog parks together so he could demonstrate how Shadow was handled.
Darr said she knew Shadow was an “escape artist” but did not know he had a history of killing livestock. She acknowledged responsibility for what happened but said she immediately sought help and stayed at the scene to assist the goats.
Morris told the board that he takes full responsibility for Shadow and described the husky as friendly toward people and dogs but possessing a strong prey drive. He said Shadow cannot be trusted around chickens, rabbits, cats or goats.
“I take full responsibility for my dog,” Morris said, adding that he wanted to do what he could to make amends for the loss.
Morris also acknowledged that Shadow had gotten loose numerous times over the years. He said the dog had been off leash in several communities, although most incidents ended without harm. He said he has stopped allowing Shadow to run freely because of the risk that he will chase something or refuse to be caught.
PAST INCIDENTS
Anna Church, a friend of Herbert, presented the board with information obtained through public records requests about previous incidents involving Shadow.
Church said records showed multiple instances dating to 2022 in which Shadow was reported at large in Burlington. She also described a May incident in Jeffersonville in which Shadow allegedly killed a goat and another incident days later in which the dog again escaped.
Morris acknowledged the history but said some reports referred to the same incidents or involved other people caring for Shadow. He said there were two formal tickets but acknowledged the dog had been loose “more times than I can count.”
LIVESTOCK GUARDIAN DOGS
Board member David Babbott-Klein questioned what would prevent Shadow from escaping again. Morris said he would use a metal leash because Shadow had demonstrated that he could chew through a heavy rope leash.
Herbert said she had effectively ended her town grazing contract following the attack and was turning the work over to another grazing operation that uses livestock guardian dogs.
The board discussed possible enforcement, including restricting Shadow's presence in Waitsfield. Shupe said the incident was particularly significant because it occurred on public property where the town had not authorized an unleashed dog.
Select Board member Chach Curtis noted that the town could impose fines or restrict the dog's activity under its ordinance, but could no longer order compensation for the goats; that would be a civil matter between Morris and Herbert.
