April 29, 2008

Sayreville, N.J. –- After being stripped from his home – twice – a New Jersey dog is back with his owner after being impounded for about six months when labeled potentially dangerous by the borough of Sayreville.

Kuma, a three-year-old mixed breed, was in a scuffle last September, during which he injured another dog and two passersby trying to intervene. Sayreville’s chief Health Department official labeled Kuma potentially dangerous, and ordered him impounded while the case was pending.

A settlement was reached, and Kuma returned home to owner Maria Papacharalambos March 17. When the incident occurred, Kuma was living with Papacharalambos’ stepfather, who was charged in the case. Under the settlement, he pled guilty and paid fines for having his dog off a leash and failing to register him.

Once before, Kuma had been taken from his home while living with Papacharalambos’ stepbrother. When he broke up with his girlfriend, his ex took the dog. Thereafter though, she changed her mind about keeping Kuma, and dropped him off, unannounced, tying him up outside Papacharalambos’ stepdad’s home.

Even the day Papacharalambos finally picked Kuma up from the pound, their adventure wasn’t over. While bringing him home, her vehicle broke down on the highway.

“This poor dog has been through so much,” Papacharalambos said. “I felt terrible. He was shaking from all the commotion with the cars and trucks. And when the tow truck came he didn’t want to get out of the car.

“But we finally got Kuma to a good home.”

Under the settlement, Kuma is not labeled dangerous, but Papacharalambos had to adopt him and take him to live with her in Denville, N.J. The settlement stipulates that Kuma be muzzled whenever he’s outside.

Even had the case gone to trial with Kuma labeled dangerous, the dog could’ve stayed in Sayreville, according to Papacharalambos’ attorney, Gina Calogero.

“So this way the neighbors got the peace of mind of knowing they didn’t have to run into him,” Calogero said.

Pet Pulse first reported on Kuma’s case last year, when Papacharalambos became teary-eyed while visiting him at the pound.

That day, Papacharalambos said, “I just break down in tears because it’s so upsetting to see that he’s just waiting behind those bars. He’s like, ‘Oh, you’re here to come get me and take me home.’

“And I’m not, and I can’t bear to leave him.”

“Even violent criminals are allowed out on bail pending trial,” Calogero said at the time, calling for new legislation to prohibit animals from being impounded while court cases involving them are pending.

“Even if this dog were convicted, the sentence for a potentially dangerous dog is to go back home with his owners, under certain restrictions,” Calogero said.

New Jersey Assemblyman Neil Cohen agrees. Last year he introduced Congo’s Law, which would enable animals to remain free while cases are pending, provided the public’s safety can be ensured. The bill would also place new restrictions on municipalities when sentencing an animal to death.

Cohen’s legislation died in committee, however.

Congo’s Law was named for Congo, a New Jersey dog that was sentenced to death in Princeton Township for biting a landscaper last year. Congo’s owners settled that case out of court, but in the meantime Congo was impounded for months.

“Dogs have already been labeled and imprisoned even before it set its paw into court,” Cohen told Pet Pulse last year.

“There’s fencing,” he added. “You can keep the dog within the house. There are a number of things that can be done without keeping a dog impounded.”

The Kuma case was made more complex, Calogero says, because a Sayreville Health Department official, and not its Animal Control Officer, labeled the dog and had him impounded.

“This case underscores the need for legislative changes,” Calogero said. “Because for one thing, there was great confusion over who had authority to impound the dog, or to bring these charges.

“And my client had to pay for six months of impound fees, when this could have, and should have been resolved a lot earlier.”

Their drama behind them, Kuma and Papacharalambos are now happily reunited.

“He was abandoned once,” she said. “I’m not going to let him be abandoned again.”

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