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Family Saves Dog from Death Row, Spurs 'Congo's Law'

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SEACAUCUS, N.J. -- Congo will live after all. A Princeton, N.J., court ruling put the German Shepherd on death row for attacking a landscaper last June. But Congo’s owners appealed the case, and a settlement has now been reached – thus, removing that ominously ticking clock from over Congo’s head.

Eds. note: Pet Pulse first began coverage of this story Nov. 14, 2007, "Congo is Slated for Euthanization After Attacking a Man", and published additional updates on Nov. 16, 2007, "Congo is Now Home Awaiting Appeal" and Dec. 5, 2007, "Congo's Law". Please see these stories for additional details.

“I think the settlement itself is a good balance between the township, the state and our family,” owner Guy James said.

The dog’s owners, Guy and Elizabeth James, had contended that Congo acted in self-defense, thinking Mrs. James was being attacked.

In the settlement, the James’ meet their goal of not having Congo labeled dangerous. In exchange, they must maintain the fence around their property, post signs saying there are dogs present, muzzle their dogs when they’re off their property, and notify the township if any of the dogs are sold.

“The day that the judge said it’s over, we kind of walked out of the courtroom like, wow,” said Mrs. James, who now can fully enjoy playing with Congo without wondering if he is going to “be here tomorrow.”

“So the night before the Judge said that, there was always that chance,” Mrs. James said of Congo’s possibility of being euthanized. “So since that day, it’s been a lot easier to breathe and to sleep.”

As a result of the lawsuit and the family’s ordeal, New Jersey Assemblyman Neil Cohen has written pending legislation called Congo’s Law.

The bill would make it tougher for dogs to be impounded during legal proceedings against them, as Congo was for about five months. And animal control officers would no longer have the authority to order death sentences for dogs, as one did in Congo’s case.

“It’ll definitely benefit a lot of people -- I think we’re in a situation where a lot of families are really unable to fight to save their dogs,” Mr. James said. “So I think it’s really important that the law is put in place, so it can protect a lot of the individuals that need to be protected.”

Now that Congo’s life has been saved, the family’s new goal is being launched next week with the Web site Congoslaw.com. Through the site the family hopes to support the pending legislation, and to raise awareness and money for dogs facing a plight similar to Congo.

While the site is waiting to be launched, Congo has his own MySpace page. During the case, the James’ received thousands of supportive e-mails from as far as Africa, India and Australia.

“It opened my eyes to how many animal lovers there are and how they network,” said Mrs. James. “And just Congo’s MySpace page alone, it’s crazy, the people that you meet.”

As for Congo, he’s reunited with his mate, Lucia, and enjoying his freedom. No worse for the wear, or the settlement.

“He’s having fun, living life, enjoying himself with his siblings, Lucia (Congo’s mate),” said Mr. James. “It’s not changing anything in his life.”

Except now, he’s known world wide as a champion for animal rights.

Tell us what you think about “Family Saves Dog from Death Row, Spurs “Congo’s Law’ ” below, and be sure to watch the video of this story at the top of your page. Share your favorite videos by clicking on the ZootooTV tab. Send us your story ideas by e-mailing us at news@zootoo.com or by calling us at 877-777-4204.

Eds. note: Because the details of the specific events leading to today's news story are a story in and of itself, below is a re-posting of the original story as reported by Matt Van Hoven.

Congo is Slated for Euthanization After Attacking a Man

November 14, 2007

NEW JERSEY – A dog named Congo is slated for euthanization after attacking a man. His owners say he was only defending his master.

At 6:40 a.m. on June 5th of this year, Guy James looked out his bedroom window and noticed the landscapers he hired had arrived – albeit an hour early.

From his window, James instructed the workers to remain in their car until he gave further notice. That's because his six German Shepherds – two adults and four puppies – were outside, and he didn't want the dogs to frighten the workers.

Fifteen minutes later, the men got out of the car to begin working. Mrs. Elizabeth James had come outside with her son to look for one of the puppies who had not shown up for the morning feeding.

She noticed the men had exited their car, contrary to her husband's instructions. As Mrs. James neared the workers, the three six month-old puppies approached one of the men, who was holding a five-foot long metal rake.

The dogs began barking at the man, who was a stranger to them, at which point he hit them with a rake. By this point, Congo and Lucia (the adult female) had taken notice of the situation – likely because their pups were yelping in pain.

Another man, Mr. Giovanni Rivera, was standing near Mrs. James and Congo. Afraid of the large male dog, he grabbed Mrs. James' shoulders. She screamed, and that's when Congo jumped at Mr. Rivera's back.

In an attempt to diffuse the situation, Mrs. James led Mr. Rivera to her car, which was nearby, intending to separate the man from the dogs.

Before they got there, Mr. Rivera fell to the ground. In doing so, he grabbed Mrs. James, bringing her down with him.

And that's where it gets cloudy. The dogs began scratching and biting Mr. Rivera, in what the James' call defense of their master. Rivera's lawyer claims it was a mauling.

But neither Mr. Rivera nor Mrs. James could identify which dog inflicted the wounds – wounds that won Mr. Rivera $250,000. Mr. Rivera testified that his hands were covering his face during the attack. Mrs. James was also unable to identify the landscaper's attackers.



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J O.
J O. (cloudy18)
9 months ago
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Hmmm, if he attacked a family member as well I am inclined to think this dog had some issues, quite possibly because his owners were not up to owning a dog of this breed.
 
Carolyn C.
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I guess everyone knows by now that this dog attacked a family member and has been euthanized.
 
Jennifer
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I agree with kathy, im happy they didnt euthinize him.
 
kathy c.
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I am so glad that Congo the German Shepard was saved. This Judge was right when he made this decision. When someone else is on your property your dog may want to defend it.
 
wanda f.
wanda f. (foochy)
9 months ago
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was he or was he not euthanized?
 
kelaltieri
kelaltieri
9 months ago
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he was euthanized in june for a 2nd incident, attacking a 72 year old visiting family member. :(

the sad thing is, this kind of aggression and protectiveness can be b prevented and controlled with proper training. it's a bit disconcerting that these people were breeding this dog, given his history of aggressiveness. very irresponsible people.
 
Sylvia C.
Sylvia C. (SylviaCM)
9 months ago
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How sad. He was euthanized after all- they really need to update this story.
 
Renee  M.
Renee M. (rap7176)
9 months ago
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Well, I guess I'm a little confused about what happened to Congo, and I have mixed feelings about this case. If a dog is indeed dangerous to others, the owners need to have much better management practices than what it seems this family did. Also, although I do see the value of a good guard dog, I wonder if this family is experienced enough to be breeding litters of them.
 
Shelley B.
Shelley B. (Beeya)
9 months ago
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According to zootooers there is a need to provide follow up stories on articles like these. The good news is that animals have gained more rights. Unfortunately they are judged as we judge people not as animals. The dog reacted as any loyal dog would and was killed for it. Too bad the owner hadn't done more training that included a command for stop attack.
 
Sandy  M.
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Follow up comment. I just read the previous comments that Congo was euthanized. So now I'm confused. How old is this news report and was there another incident that followed?
 
Sandy  M.
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I'm glad to see a happy ending here and to see that a politician became involved in a positive way. This should be a lesson for all dog owners as well as any workers that need to come onto a property where there are dogs present. The responsibility to prevent potentially dangerous situations is upon the humans involved at any particular time. Congo looks very happy to be home again!
 
Liann L.
Liann L. (Liann)
9 months ago
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It's unfortunate that Congo and others were euthanized. I wonder what the story was regarding the grandmother, referred to in DDRau's comment.
 
sbdts
sbdts
9 months ago
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I heard Congo was euthanized 6 months ago. WTF?
 
Megan  O.
Megan O. (MLO2007)
10 months ago
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I swear people amaze me at times at how tunnel visioned they are
 
DDRau
DDRau
10 months ago
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Congo and three other shepherds were euthanized in June 2008 after they attacked the family's 75 year old grandmother. Zootoo should update this story.
 
Geoff L.
Geoff L. (glcats)
10 months ago
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Sounds like the landscaper's fault.
 
frank g.
frank g. (knarf74)
9 months ago
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really? owners need to realize dogs are still animals and even with training you should always be prepared...no telling what a dog might perceive as threatening. if they were outside and the dog was not leashed, how are you blaming the landscaper? owners had nothing to do with it?
 
Bonnie L.
Bonnie L. (swimmomkt)
10 months ago
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It was a sad story, these kinds of things do happen. It was good of the reporter to make the story known. I had a similar thing happen, only it was a child that was attacked because he was attacking my small son with a toy crane. He was swinging the crane at my son(who was devoted to the dog) and the dog jumped him. He barely had his skin broken but we had to get rid of the dog. I feel the families pain for sure. The German Shepard is a very protective breed. They were bred to watch over animals. That's what my dog was too. To this day my son has always owned this same breed of dog. It impacted his life, as it has mine. I am glad this reported made aware of this story.
 
Rusty  K.
Rusty K. (RustyK)
10 months ago
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Great legislation. Way to go.
 
Amy H.
Amy H. (catlover85)
10 months ago
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The landscarper should have stayed in the car like he was told to do. Congo was only trying to protect his family. Im happy that the outcome was a good one.
 
Gerard  M.
Gerard M. (polo)
10 months ago
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Well, a protective fence around the property is a good idea anyway, or a comfortable, fenced in area where the dog can enjoy the outdoors.
 
JoAnn C.
JoAnn C. (jcass43)
10 months ago
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I'm so glad it worked out in Congo's favor. It does sound like he was only protecting his family. Had the workers waited like Mr. James asked there would have been no issue. Mr James sounds like a reponsible dog owner.
 
Elyshia5
Elyshia5
10 months ago
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Wow, it seems like the court was able to work out a compromise that allowed the family to keep their dog and that promotes dog-owner responsibility.
 
John S.
John S. (JohnDavid)
10 months ago
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Disgusting.
 
Amanda D.
Amanda D. (Doglovers4)
10 months ago
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At first I was glad to hear about the dog being saved, but now after reading the other comments on here I'm a little upset to hear about what really happened. how sad!
 
Stacy  R.
Stacy R. (StacyLR)
10 months ago
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Congo and 3 other family dogs were put down? Did something happen after the news report or was the verdict overturned?
I couldn't imagine loosing 4 of my family members. No matter what the case is, it doesn't sound positive for anyone.
 
DDRau
DDRau
10 months ago
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Had nothing to do with the landscaper. Congo and the 3 other dogs were involved on an attack on the family's 75 year old grandmother.
 
Peg L.
Peg L. (sjcmom)
10 months ago
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Why were the dogs put down if the case was settled? Was there another incident? I agree that the landscapers should be held somewhat accountable for this as they did not follow instructions. But did Mr James tell them why to wait (the dogs were out), or just to wait?
 
DDRau
DDRau
10 months ago
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Because they attacked a 75 year old family member in June 2008.
 
Robyn
Robyn (robyn101)
10 months ago
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I looked it up & yes Congo & 3 other dogs from that family were put to sleep June 20, 08.
 
Robyn
Robyn (robyn101)
10 months ago
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Was Congo & the other dogs put to sleep in June like some say?
 
jedder k.
jedder k. (jedder)
10 months ago
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It's important for all to find out the laws in their communities.
I had a similar battle with my dog Ebby. After 3 court visits, case dropped. I educated myself on the laws of our town and made sure the outcome followed those laws, archaic though they were.
The ordinance has since been passed which is what I was using to fight for my
Ebby.
 
Bandana
Bandana
10 months ago
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So glad of the positive outcome of this situation. It's unfortunate that Mr. Rivera was injured, but if he and his co-worker had stayed in their vehicle as Mr. James asked, none of this would have happened. To me, it was trespassing when the two workers came on the private property before being given the go-ahead by the owner. And they threatened and abused the puppies with the rake. Mr. Rivera and his co-worker should have been held responsible for the entire incident since they initiated it. That's a moot point, though, because the case is settled, he got his medical costs plus more and Congo got to come home.
 
Kristin C.
Kristin C. (kallee02)
10 months ago
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The landscapers hit the puppies (how scary are 6 month old puppies?) and the parents were defending them as much as their owner. Little dogs would have done the same thing, if not attacked faster, they just don't do as much damage. The only reason the big "vicious" breeds get the bad rap is that they are big enough and have powerful enough jaws to do the damage. I would say most all dog attacks are the fault of humans - whether triggering it or not raising the dog properly in the first place (respect, lower hierarchy in the family "pack", etc) Some vicious dogs SHOULD be PTS (more related to the owners but to protect the public) but in this case it was clear that is not the case.. Glad he was cleared.
 
Annie H.
Annie H. (AnnieHudson)
10 months ago
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This is unfortunate. Yes, the dogs should have been put up beforehand, but they did arrive an hour early and did you see what time it was?! I'm not going to get up any earlier than I have to at an hour like that. And they didn't listen to the owner. If someone instructs me to stay where I am because of dogs then I am GOING to listen! And this sounds like a breed discrimination to me. Anyone can read this story and see that they were defending their master. I'd expect this from any breed. My friend was once playing like he was going to hit me in the head with a hammer and my lab mix went all crazy. And I was glad for it too!
 
cindy b.
cindy b. (CindyB1965)
10 months ago
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First of I think that they should never have been allotted any money for damages! They got bit by a dog that was protecting it's property and it's masters. Thats what dogs are suppose to do! They shouldn't have shown up an hour early. The owners didn't have time to feed the dogs or secure them before the workers arrived. And they should have never gotten out of their car when told not to. That was just stupid. If I were to go to someones house with a bunch of big dogs and they told me to wait in the car until they told me, then thats what I would do! Same at my house. I have very well behaved dogs that are not aggressive but don't come in the fenced yard uninvited if they don't know you or you will get bitten! I shouldn't have to hang tacky signs saying beware of dog. People need to learn to have respect for other peoples property.
My dogs don't come in the house or get on furniture or go outside the fenced yard unless invited to do so. Thats sad that they are more well mannered than some humans
 
Alison W.
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I think that the authorities sometime jump to conclusions whenever a dog bites. I was bitten by a dog many years ago, but I never sought damages because I felt that I frightened the dog and he reacted. If I was a malicious person I could have tried to get money out of the owner.
 
Maegan D.
Maegan D. (maegandallis)
10 months ago
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Poor Congo's life had to hang in the balance for five months just because some gardeners couldn't follow instructions to make their work day go smoothly.
 
Sylvia C.
Sylvia C. (SylviaCM)
10 months ago
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I hate when certain breeds get labeled- all dogs have the capacity to be vicious when provoked and people need to learn more about what a provoked dog looks like- all dogs give warning- most people just can't tell what those warnings are.
 
Delores R.
Delores R. (Draines22)
10 months ago
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The sweetest natured dog can turn into a protector. They react to what they feel is a threat to their pack. They should have been locked up ahead of time, but the landscapers should have called ahead if they were going to arrive early.
Somebody failed to explain that there were dogs that would act protective. I always tell people who don't know us that we have a large dog - so they won't be startled. They are always amazed, because they think Shepard or the like.
We have a 220# Mastiff - alot of people aren't aware dogs get this big, or bigger.
 
Suzi B.
Suzi B. (slalom21)
10 months ago
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These guys should not have exited the car like the husband said. However, if they are expecting someone to come over the dogs should be locked away. Any breed can be mean..it is not just PIT BULLS and GERMAN SHEPHERDS!!!!
 
Jessica T.
Jessica T. (jwaltri)
10 months ago
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Our apartments stopped allowing german sheperds and any pit mix. We also can't have dobermans or chows. I still stand by the idea that most, if not all of dog attacks are provoked by humans.
 
Fran B.
Fran B. (keywestnorth)
10 months ago
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How sad!!
 
Jodi S.
Jodi S. (jodiscaife)
10 months ago
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I am definitely a dog lover, and I hate the homeowner's insurance will discriminate against specific breeds, but this whole story is pretty messed up. While the landscapers definitely should not have hit the puppies with the rake, I'm not certain why the dogs were loose while strangers were working on the property. The dogs' reaction to Mrs. James falling was also over the top, and while I feel my dogs would protect me, I would hope that they wouldn't bite someone immediately after they felt I had been hurt. The whole situation is really messy, and I don't think that either side can be absolved of blame.
 
Kelly K.
Kelly K. (forsythia69)
10 months ago
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Why would you hit puppies with a rake. I know a 6 month old german shepherd is probably huge though. How stupid are you to get out of the car when there are 6 dogs barking at you. The dog was doing his job protecting his family. If it was some guy trying to break into the house this story would be about the Heroic Congo.
 
chitown
chitown
10 months ago
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I have mixed feelings about this story. There's a reason homeowner's insurance policies ask what breed of dog(s) you have, because actuarial tables show a propensity for German shepherds and several other breeds to be a greater potential liability than others. This is a good example.
 
Bobby D.
Bobby D. (dallisbo)
10 months ago
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Good story to read!
 
Marla G.
Marla G. (marla1970)
10 months ago
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sad all the way around. It seems extreme to me that the landscaper was awarded $250K for not listening to the owner who I'm sure was paying him and then hitting the dogs with the rake. If he had arrived on time or stayed in the car the whole thing would have been avoided so why give him a settlement? Our justice system is severly screwed up!
 
Sarah H.
Sarah H. (shansenxray)
10 months ago
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It never really says if the landscaper was provoking the dog or not when he was attacked?
I am concerned that they put all 4 dogs down- that seems a bit drastic. I do feel bad for the grandma that fell and broke her pelvis because that has to hurt but an old person falling (for any reason) and breaking a pelvis or hip really isn't that uncommon.
 
marie s.
marie s. (marieandgirls)
10 months ago
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nevermind, I went to the website that had the story. I guess it's true when they say that once a dog has tasted human blood they are never the same. It's sad, but necessary.
 
marie s.
marie s. (marieandgirls)
10 months ago
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the below comment was for HSBarron
 
marie s.
marie s. (marieandgirls)
10 months ago
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how do you know that?
 
megan7389
megan7389
10 months ago
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Wow my comment would have been entirely different before I read the ABC story. That's depressing. I wonder if the dog was ever okay in the head or was just trained poorly and attacked two people. I can't believe all four of their dogs attacked someone.
 
Meg S.
Meg S. (drambuie)
10 months ago
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You bring up a very good point....not having the dogs impounded prior to teh court hearing is a mistake. I am surprised that the courst did not mandate their impoundment in order to protect the public from the potential for mor injuries.
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