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Decision to Euthanize Dutch the Dog Upheld

by KREX News Room
by Taylor Kanost

Story Created: Feb 14, 2013 at 4:08 PM MDT

Story Updated: Feb 14, 2013 at 7:23 PM MDT

MONTROSE, Colo.- After over an hour of discussion, Montrose Municipal Judge Richard Brown chose to uphold an order for Dutch the dog to be euthanized.

The dog was surrendered to Animal Control immediately after this morning's hearing.

On top of that, Dutch's owner Jeremiah Aguilar was ordered to pay a $500 fine, $1000 in restitution to the victim, and spend two days in jail.

Montrose officials say Dutch attacked and injured a woman back in November.

However, many believe Dutch was provoked by the woman, and that he is, in reality, a very well-behaved dog.

Aguilar, a veteran, relies on Dutch to help him compensate for his post-traumatic stress disorder symptons.

Jared Bolhuis of Welcome Home Montrose was in attendance for the hearing, and was "heartbroken" when the ruling was upheld.

Bolhuis works with Aguilar and several veterans across Montrose by providing them with counseling, among other services.

He felt the decision to issue jail time was harsh.

"When that was announced today, it blindsided me," said Bolhuis. "The idea of Jeremiah going to jail was never present, and then all the sudden the judge said that it appears Jeremiah is not empathetic to the victim. That's his brother's fiancee."

Bolhuis believes negative comments on the internet towards the victim are not in line with what Aguilar thinks.

Bolhuis works with Aguilar and several veterans in Montrose by providing them with counseling, among other services.

"With the possibility of Dutch being out of the picture, we're here for him."

Aguilar's attorney had no comment on the matter after the hearing.

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Paul Laprad said on Thursday, Feb 14 at 4:19 PM

People like this judge are a major reason I'm starting to feel shame for fighting for this country. There are just to many holes in this story and it always changes. Given the only consistent bits of it, I agree with the dog. Hopefully "judges" (I use the term in the loosest context possible) will start retiring soon and they can be replaced by real human beings. I'd really like to know why the defendant has to spend time in jail and money? The only bit I can get about that is that he didn't show enough remorse. Were I in his shoes, I would have shown no remorse, she attacked the dog then got what she deserved. I'd still like to know how she got bit on the buttocks if she was tending to his wounds. He would have gone for her face or throat had it been as she said.

A Cop said on Thursday, Feb 14 at 5:46 PM

As usual another misinformed Judge by an animal control officer flexing his muscles. What happened to the vet report showing how beat the dog was about the head and face. It was only after that beating this dog protected itself. This ACO needs to be terminated, the case properly looked into and the so called victim charged with animal cruelty. We arrest the one who provokes a physical fight so charge her, not the dog or his owner.

Jolie said on Thursday, Feb 14 at 6:10 PM

Another miscarriage of justice from a Judge and an ego driven animal control agent. This is very tragic and to put that man in jail and fine him is just wrong! There were other options. I hope that woman is happy with herself.....

Bill said on Thursday, Feb 14 at 7:46 PM

Did this judge even look into facts? If a person was beat as bad as the dog was, this woman would be facing 10 years in prison. I never read or heard anything about the vet's report being discussed. Most local people know who this woman is or at least her name and they know who the animal control officer is. The both should move out of town. Do you job judge! Do you even know what the word Judge means?

Bill said on Thursday, Feb 14 at 7:56 PM

I just read the report from the Montrose Daily Press. In testimony today, the woman who was bit said she beat the dog with her fists then a metal pole. Judge Brown said "their was no evidence of provocation." People in Montrose need to remember Judge Brown next election.

Anonymous said on Thursday, Feb 14 at 8:13 PM

I'm so frickin' disgusted by this story, this judge, animal control, and the lady that beat this poor dog. Feel good about yourselves now? Feel all powerful about putting down a perfectly healthy and gentle dog. Horrible. So sorry for the owners. So unfair!!

kim curtice said on Thursday, Feb 14 at 8:19 PM

i hope and prayer that the governor of colorado will give dutch a stay of execution. This dog should not be put down and his owner should not be jailed or fined. The women who beat this dog should be jailed for abuse. What is wrong with this judge?

Jim Montgomery said on Thursday, Feb 14 at 9:30 PM

This is so unbelievably sad. I was in the court room today, the reason that Jeremy got jail time was because the judge didn't think he was being sympathetic enough toward the victim. He assured her that he did, and even said that he doesn't wish harm to anyone. I didn't even think you could get put in jail for how you feel towards someone anyway!! Poor guy. The saddest part is he kept getting on to him for what people on the internet said when he did not even start the site or say anything at all. This situation is just sad all around, and IMHO a huge miscarriage of justice. BTW, what happened to them saying that rehabilitation "was an option." Now, we know the city is not telling the truth!!!

BN said on Thursday, Feb 14 at 9:59 PM

Lets report half the story. KUDOS to the Judge for a correct ruling. If the victim has 25k worth of medical why does he only half to pay 1k.

Justice for Dutch said on Thursday, Feb 14 at 10:04 PM

This evil woman, identified in the Sentinel as Rachel Daake, apparently was Dutch's former owner. Why did she give him up in the first place? Maybe because she beat him and Aguilar rescued him from her? She should never have been around this dog again and should never ever own a dog or be around dogs again. She's a dog beater and has no soul to allow this happen to her own former dog. Hater and beater. The poor dog suffered under this woman's "care". Even the vet tech who documented the beating this dog went through said he wasn't dangerous, but instead, was sweet and a gentle giant. Rachel Daake is an evil woman!

Sandra Ray said on Thursday, Feb 14 at 11:16 PM

I have just listened to the News account of the case for Dutch the Dog. It appears that the judge is more concerned about the fact that public opinion is contrary to his ruling. And, that is the reason he is now going after both dog and owner. It appears that the Judge is trying to make Dutch pay the price because the judge doesn't think his owner has acted as the judge believes he should have. That people have put out false info is not Dutch's owner's fault. And, that the owner of Dutch, didn't fall through himself to try and correct all the mis-information is not reason to kill Dutch!! The dog, nor, his owner are responsible for negative feelings for the woman Dutch bit. And, they can not control how others react to the situation. And, any judge that would try to make them pay for these actions should reconsider his reasoning for HIS ACTIONS.

Justice said on Thursday, Feb 14 at 11:48 PM

Hey you people in the lynch mob, you also need to get the victim's fiance's friend- the man who beat Dutch AFTER Dutch attacked the other dog AGAIN when they got there after the so called dog beater called for help...he had to use a board to hit Dutch over & over- that is probably where Dutch's swollen face came from & well deserved it was, this dog went fool and tore up the house too, go hang the furniture & the bedroom door lynch mob because the furniture provoked Dutch!!!!!!

Disgusted said on Friday, Feb 15 at 6:33 AM

This is tragic, but so is the fact that the democrat party is putting down America. What ever will it take to get folks to WAKE UP?!

Bill said on Friday, Feb 15 at 10:53 AM

Send you SANE comments to courtmail@ci.montrose.co.us Keep your comments clean and legal, you are emailing the Montrose court system.

Concerned Animal Advocate said on Friday, Feb 15 at 12:05 PM

Part 2 ... I would like to ask - was a bite comparison done? Were the bite marks left on the victim consistent with the size and tooth alignment of Dutch, or Artex. A 107 pound dog will have a bigger/wider bite than a 50-60 pound pit - just something else to consider in weighing ALL of the evidence... And if it was Dutch, then I still have to wonder WHAT "set him off", WHY were the two dogs allowed to be in the back yard together since it seems to be known that they had not gotten along previously, which dog initially attacked first, in that yard. Did she see the beginning of he fight? It seems that she heard the commotion and ran out to break them up, so she does not know which dog instigated it. And when the boyfriend came into the house and Dutch was calm - until Artex came into the room, then Dutch was set off again. Maybe it was that feral fend for myself instinct setting in. Maybe since he had already been attacked by that dog once, he was not going to again..... See Part 3

Concerned Animal Rescuer said on Friday, Feb 15 at 12:06 PM

Part 3..... or maybe the victim is trying to protect her own dog....I don't know...I was not there either...I am just throwing out a bunch of "maybes" that should be considered and looked at if not done so already... However, according to the reasoning of the Animal Control Supervisor...Dutch has used his 1% chance of "something setting him off"....so he should be free and clear for that other 99% of the time that he will be, and has been, a good citizen dog and service dog in training... Let him go home with Jeremy....lessons were learned on all sides...and if need be...make him wear a muzzle when out in public...biting problem solved and everyone happy....

Christina said on Friday, Feb 15 at 1:30 PM

This is an atrocity, this dog does NOT deserve to have his life ended. There is such a thing as "self-defense", if humans have the right to protect themselves, so should animals. How long does it take to kill someone on death row? Shouldn't this dog have the same rights? I think you should follow through on death sentences for humans, if you want to kill a dog, 2 death row inmates should join them, after all, taxpayers are paying to warehouse them. Let this animal go home to his owner, the judge IS NOT GOD!!!! Or, better yet, give this animal a REAL trial, complete with jury!!!!!

p o,d said on Friday, Feb 15 at 1:45 PM

another judge and animal control officer playing GOD,

Susan Roby said on Saturday, Feb 16 at 5:13 PM

This is unbelievable. Dutch was defending himself from an evil, disgusting "woman" that was abusing him. She even admitted it. She should be put down.

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