Storm of controversy surrounds execution of Iowa pit bull

There is a storm of controversy surrounding the killing of a six-year-old pit bull named Diesel by the city of Des Moines, Iowa,  although a stay of execution was in place while the case was being appealed. Diesel, a service dog, was held in isolation at the Animal Rescue League of Iowa (ARL) for three years before he was killed on August 3, 2018.

It all started on September 28, 2015 when Diesel and his owner Kurt Fahrney were sitting in the backyard of their home. Five to six kids were present, petting Diesel and talking to Kurt. A four-year-old, autistic neighbor child climbed over the chain link fence that separated the two yards, so he could also pet Diesel. At some point the four-year-old, sustained a laceration to his neck, just above the collar bone. His parents assumed Diesel bit the child and called 911. The child unfortunately does not speak and could not say how he sustained the injury.

The child was taken to Lutheran Hospital where according to section B of the medical report filed, doctors did not think the injury was consistent with a dog bite.  The laceration was a completely straight, horizontal line with no puncture wounds or teeth marks. It  looked more like it was caused by being sliced by a sharp object. The child was then taken to a children’s hospital for surgery. The trauma surgeon there also stated the injury was not typical of a dog bite.

Although two medical professionals claimed the injury was not consistent with a dog bite, Diesel was seized, impounded and placed in isolation at Animal Rescue League of Iowa. In addition to the two doctors’ statements that the injury was not consistent with a dog bite, further investigation found the broken chain link fence the child crawled over to most likely have been responsible for the one inch cut by his collar bone.

An almost three-year court battle ensued where Attorney Jaysen McCleary, founder of the Bela Animal Legal Defense and Rescue fought to prove that Diesel’s seizure and impound were illegal, and the determination that Diesel was dangerous under the same city ordinance that was found to be unconstitutional in a recent Iowa Court of Appeals case regarding another pit bull named Pinky.

Furthermore, there were no witnesses that saw Diesel bite the child. According to Kurt Fahrney in his testimony, he saw a child approach the dog from behind, but neither Fahrney or anyone else saw Diesel bite anyone. Diesel had no history of aggression and had never bitten a human or an animal. The ARL defended their seizure of Diesel by stating it was not illegal, however, the district court stated the city ordinance requires the chief humane officer to order the dog’s owner to quarantine the dog for ten days in a secure facility. This did not happen.

Another twist in the case occurred during the administrative hearing which found Diesel to be dangerous under the city ordinance. The representatives of the city of Des Moines withheld the report stating the treating doctors at both hospitals did not believe the child’s injury was consistent with a dog bite.

And perhaps the most tragic part of this case is that there was no court order in place to kill Diesel. Actually, just the opposite was stated in multiple district court stay orders which prohibited the City and the ARL from “killing, euthanizing, or harming in any manner [Diesel]” and that the City and ARL were not allowed to destroy Diesel ‘without further order of the court.’

In the Iowa District Court for Polk County, Iowa, in an order from Judge Vaudt dated December 15, 2018 the following was clearly stated:

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that thterms of the court’s prior stay orders of December 30, 2015, September 8, 2016, September 14, 2016, and November 9, 2016, prohibiting Defendants from killing, euthanizing, or harming in any manner Plaintiffs’ dog are AFFIRMED and REMAIN IN FULL FORCE AND EFFECT.”

The court never ordered or authorized Diesel’s destruction. A district court order was entered on July 31,2018 denying pending motions. Attorney Jaysen McCleary had 15 days to ask for reconsideration and thirty days to file an appeal. The July order did not lift the stay or authorize Diesel’s destruction.

Less than 48 hours later, the City, ARL, and their attorneys (Jason Casini and John Haraldson) acted in blatant violation of the stay orders that remained in effect. Because of this order still being in effect when Diesel was destroyed, Fahrney and Bela Animal Legal Defense and Rescue filed an application for rule to show cause, demanding that the City, ARL, and their attorneys be held in contempt for their blatant disregard and violation for the court’s orders preventing Diesel’s destruction.

Due to the negative backlash regarding Diesel’s killing, the ARL issued their own public statement on their Facebook page on August 8, 2018.

On Sept. 28, 2015, a dog named “Diesel” was involved in a bite incident resulting in a laceration to the neck of a 4-year old deaf and autistic boy. Accusations by the plaintiffs and plaintiffs’ counsel, and some others on social media, that Diesel was an “innocent service dog” who was “illegally” seized by animal control, and that there was “no evidence of a bite,” are simply inaccurate and are directly contrary to the substantial evidence presented during the administrative hearing and district court proceedings and the decisions by the administrative law judge and the district court. You can read the full statement here: www.ARL-Iowa.org/Diesel.”

When the author of this article wrote to ARL asking why Diesel was killed when a stay of execution was in place by Judge Vaudt, their recommendation was to contact Jeff Lester, the City Attorney for Des Moines. An email was sent to Jeff Lester questioning why Diesel was killed. To date no response has been received.

Tragically, the City and ARL’s actions in ending an innocent dog’s life cannot be undone. However, they can and should, be held accountable for their blatant violation of the court’s orders preventing the destruction of Diesel.

Rest in peace Diesel.

In the news yesterday: Man accused of slitting throat of his mom’s dog – read more here.

More news: Bears held captive for decades moving to sanctuary – read more here.


Border collie gets so excited watching herself on TV – watch the adorable video here.

Puppy reunited with mom – watch the heartwarming video here.

 

19 replies
  1. Donna L Hawkins says:

    This wrong on so many levels!! That poor dog was punished for years for absolutely nothing! And then killed for nothing! All involved should be fired and fined for contempt of the court, the public, of Diesel and his family! Disgusting!

    Reply
  2. Kat says:

    All the assholes involved in the killing of Diesel should be fired! They blatantly disregarded a judge’s order and a stay of execution! There was no reason to kill an innocent dog! There was no proof that he bit anybody and the injury was consistent with a broken link in the fence! The killed him because of his breed!

    Reply
  3. Barkley's Mom says:

    This is unbelievable, that they would kill a dog on such flimsy evidence is atrocious! If I were Diesel’s owners, I would be suing for loss of my service dog! This is disgusting, and I hope they are able to get some justice for Diesel. Rest in peace sweet Diesel, I can’t imagine the heartbreak your owner is suffering.

    Reply
  4. Adrienne says:

    Diesel deserves justice and I hope those who allowed this killing to happen loose their jobs because of this blatant refusal to read the orders and not execute Diesel. Please keep us informed as to what will be done next for Diesel’s family. Bad enough they had him locked away for 3 years, but to kill him like this without any reason for suddenly doing what they did needs answers now. RIP Diesel, you deserved life not death.

    Reply
  5. Vicki says:

    Liars. The lot of them. Sounds like there’s something rotten in Des Moines. The ARL (what a joke) and their city government connections is a good place to start. Someone’s getting paid off somewhere. I hope that heads rolls and some of these crooks get the shit sued out of their sorry asses. RIP Diesel. You didn’t deserve this

    Reply
  6. Red says:

    This is horrible that a beloved family pet could be locked away indefinitely then MURDERED when there was a LEGAL ORDER IN EFFECT to NOT hurt his animal. The owners need to go after the City and ARL…….DO NOT LET THESE WORTHLESS PEOPLE think this was OK….hold them responsible and SUE THEM LEGALLY and with a civil suit!

    Reply
  7. JEANETTE says:

    I am so sick of politicians, judges, animal control and people In general. that poor dog was locked up then killed for no reason. what a bunch of lowlifes to do such an evil deed.

    Reply
  8. Pamela Garlisch says:

    Hopefully the people will be fired that did this and the attorney will be brought up before the Iowa Bar Association and not be allowed to practice law anymore. We are not a country of vigilanties that can kill animals willy nilly. RIP Diesel!

    Reply
  9. Jan Barnes says:

    I HOPE AND PRAY THESE HEARTLESS SAVAGE MURDERERS ROT IN THEIR “SUPER SPECIAL PLACE” IN HELL! WITH LUCK–THEY WILL BE THROWN TO THE WOLVES FIRST!

    Reply
  10. Gizmos Mommy says:

    Isn’t our legal system just incredible??? Murderers rapists thieves and maggots of the same ilk get treated with better respect than victims. And this dog was a victim. Fuck the US legal system and fuck the lawyers who defend it and fuck the ACLU and other entities who defend or otherwise justify the maggot criminals whom they say have rights.

    Reply
  11. vicki Hood says:

    An angel is waiting at the bridge. Poor Diesel did nothing to deserve any jail time or euthanasia. As usual, government interference killed an innocent being. Those involved need to get out of their office. Fire them.

    Reply
  12. Bunny Peters says:

    Unreal……. absolutely disgusting. I hope the family sues the city into financial oblivion……. totally illegal for this furbaby to have been murdered…….

    OMG: I am absolutely sick over this poor precious treasure being murdered…..
    Precious Diesel, your life mattered and you deserve justice!!! RIP precious treasure……. Your life was stolen from you….. You didn’t deserve to be murdered…… You should have grown older (loved and been loved) and continued to be a beloved family member……. please look for MacKitty in Heaven….. you will be welcome to join his group of snuggle buddies…….. so sorry that you were failed so horribly by humans……..

    Find, prosecute & lock up the useless POS’s who murdered this precious treasure and lose the keys……… They should only leave prison in a pine box……..

    The POS’s who murdered this precious treasure will burn in Hell forever for their cruelty…… here’s hoping that they get there ASAP (after dying a horrible death alone, afraid, in agony & (worst of all) unloved)……

    Reply
  13. Bev Woodburn says:

    RIP Diesel. You are now in beautifil Animal Heaven. No more hate and accusations against you from the sadistic and callous human species. You are in a better place. Bless you Diesel. I pray Karma punishes all the vile and evil bastards that allowed this sadism and evilness that was committed against you. Fly High beautiful boy.

    Reply
  14. Betty says:

    They should be accountable for the death of Diesel.
    Shame on you people that kill a family pet
    I take that city down BASTARDS
    Rest In Peace Diesel
    I’m sure it was because you were a pitbull

    Reply
  15. rosiekat says:

    The dog was in HIS YARD, which was fenced. The child entered without permission. How is this the dog or owner’s fault? Even if the dog had bit the child, which he didn’t, an owner can’t forsee every event! It was sad the child was hurt, but it seems the owners were acting responsibly. No justice!

    Reply
  16. Ashley says:

    Idiots who think they can just play with life and kill innocent animals. Bite or no bite, who are you to decide to commit such an action on a beautiful animal. Someone should kill you. See how it feels.

    Reply

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