Dog owner admits responsibility in fatal attack on city senior

Article content

City dog owner Denis Bagaric signed a death warrant Wednesday for one of his canines in connection with a fatal attack on a Calgary senior.

Defence counsel Rabie Ahmed told court that Bagaric had been in agreement from the outset to have the American Staffordshire named Smoki euthanized, but City of Calgary counsel Ben Leung noted a consent to put the dog down had never been signed.

Article content

Bagaric then signed an order provided by Leung allowing for the city to euthanize the animal.

“It certainly was difficult for him, he’s very emotional, he’s extremely remorseful for what happened,” Ahmed said outside court, shortly after he and Leung made sentencing submissions before Justice Gord Wong.

Both lawyers agreed a total fine of $15,000, including the maximum $10,000 for allowing an animal to attack a person causing severe injury in connection with the June 5, 2022, attack on Betty Ann (Rusty) Williams.

Williams, 86, died after being attacked in an alley behind 1516 21st Ave. N.W. after Bagaric’s three dogs escaped his fenced and gated backyard.

But one issue the lawyers argued before Wong was whether just Smoki was responsible, or the other two dogs — Cinnamon and Bossii — committed the deadly attack with him.

Leung argued it would be an aggravating factor justifying a harsher punishment if the Calgary Court of Justice judge found the three canines were responsible for Williams’ fatal injuries.

The prosecutor suggested a prohibition from owning animals for up to 15 years on top of the hefty fine would be justified in the case.

Article content

But Ahmed said a prohibition would unjustly punish Bagaric for something he didn’t intentionally cause.

“Certainly disentitling him (to pet ownership) would have a much more punitive effect,” the lawyer said.

Ahmed noted Bagaric, 35, was already conceding the maximum fine on the charge of allowing an animal attack.

The Calgary man also pleaded guilty to allowing his dogs to run at large, for which Leung suggested an additional $5,000 fine.

Leung argued photographs taken of the dogs after the attack in which each had smeared blood on their chests and dried blood on their muzzles established all three mauled Williams.

But Ahmed suggested blood could have been transferred among the animals after the attack, and that his client, who did not testify, witnessed Smoki injure Williams.

Nicola Opsal, a neighbour who saw part of the attack and heard the victim yell for help, testified she witnessed all three of the dogs surrounding the victim, but did not see any of them bite Williams.

Wong asked for further submissions from counsel on whether a prohibition amounts to simply a further punishment or whether it can be a deterrent to other dog owners.

A date for those submissions will be set Thursday.

After Bagaric’s guilty plea, Leung withdrew similar charges against his partner, Talyn Calkins.

KMartin@postmedia.com

X: @KMartinCourts

Share this article in your social network