Posted on 09/20/2010 10:10:23 AM PDT by MissTed
A Lafayette cyclist charged by two dogs while riding along Boulder County open space on Thursday used pepper spray on both animals and their 66-year-old owner, who was then ticketed by police.
Erich Toll, a 47-year-old video producer, was riding on a trail near Indian Peak Golf Course at about 11 a.m. when Peter West's dogs -- a 98-pound boxer and a diminutive American Eskimo -- came after him. Toll said he felt threatened, so he grabbed his pepper spray.
"I carry pepper spray because of the dogs," Toll said. "I'm not going to get bit."
He said he sprayed the dogs in the face, and West came running after him. Toll said he fell on his bike and was still clipped into the pedals, so he sprayed West out of self-defense.
"He was about to start hitting me, and I had no way to defend myself," Toll said. "A lot of fear happened really quickly."
Lafayette police and Boulder County sheriff's deputies who responded to the fight determined after interviewing both men that Toll was within his right to defend himself from both the dogs and their owner.
Although a sheriff's deputy said the cyclist probably overreacted, he was not ticketed.
West was written a $55 ticket for having a dog at large.
Terri Snyder, an animal control officer for Boulder County, said West should have had his dogs within "voice control" at the time of the incident. West's property is next to Boulder County open space, so while he lives in Lafayette -- where dogs are required to be on a leash -- they can run free on the county land if they immediately obey verbal commands.
Snyder said the dogs didn't obey West when he called to them, so she gave him the ticket.West, who owns Remington West Cars in Boulder, said he saw his dogs sprayed, then called 911 and ran out to gather his pets when Toll sprayed him in the face.
"My nose is still burning," West said.
He said the dogs were no threat to Toll, and he denied physically threatening the cyclist.
"I've walked my dogs here for 35 years," West said. "My dogs are harmless and don't bite anybody and never have."
He said the smaller dog, an American Eskimo named Olivia, has a bigger bark than bite. His larger boxer, Mars, "will lick you to death" but wouldn't attack people, West said.
Toll said he isn't buying it.
"The white one wants my flesh," he said.
West acknowledged having been previously ticketed by the city of Lafayette for having his dogs off leash. Toll said he was responsible for calling authorities about that incident, too, and that the men have had an ongoing dispute over the dogs for years.
West said he's lived in the neighborhood for more than three decades, and remembers when open fields surrounded his house. Now, he said, development has brought more people to the area, increasing conflict on the surrounding trails.
West said he might fight the ticket. If he does, he'll be expected in court Nov. 4.
I really need new glasses.
Boulder cyclists are crap. They are a constant irritant to everyone else that has to put up with their arrogance. Yeah, I know, West should have had control of his dogs but unless you had to put up with these a$$holes you don’t know what an aggravation they are.
“Leash laws are for other people’s dogs.”
It’s perfectly legal to have them off the leash here if they are under your voice control. Unfortunately most of them aren’t. I’ve seen so many large dogs running loose on the trails because there owners thought they wouldn’t harm anyone.
“Yeah, I know, West should have had control of his dogs but unless you had to put up with these a$$holes you don’t know what an aggravation they are.”
We build them perfectly good cycle lanes at great expense to the taxpayer and they spread out across the damn road.
Its sort of like saying.... Yeah I pointed the gun at the officer but I didnt shoot him, so I dont know why he would have shot me...”
If you love your dogs, keep them within control. You want them to run off the leash put on a shock collar if there is potential for people to be encountered. I am not going to allow a family member to be bit before I act. If you dogs are running up to a person that person does not know if they are going to be bit or licked to death. So it is your fault for allowing your dog to be in that situation.
I'll bet 95% voted for obama,too.
Pretty much four for four.
I like the voice command proviso of their off leash law. Your dog is off leash? That is fine, so long as when you call it, it comes to you.
This guy obviously thought his dogs chasing the bike guy was A-OK until they got pepper sprayed, or they were completely out of his control. Either way he deserved the ticket, and most likely the pepper spray as well.
I love my dogs and a few of them are well trained. However, I would never let them off leash when not in a fenced area. I’ve never owned a dog that would come to me if it saw a squirrel, a cat, or someone on a bike first.
Toll said he isn't buying it. "The white one wants my flesh," he said.
Yep, sure does look like a vicious killer to me.
Your not alone. I live in west Texas and drive to town on a two lane road at 60 mph. I’ll top a hill and here are 5 or 6 of them spread across the road. One got killed not to lone ago.
Doom on 'em, especially the spandex rangers from Boulder.
This is why my hiking boots have steel toes. I cannot tell you how many times “Fluffy” has come bounding around the turn in the trail and immediately come after my dog, on a leash btw.
I have punted a couple of dogs this summer, not hard enough to do permanent damage but enough to get the dogs attention. Almost immediately, typically, the owner of “fluffy” starts to get an attitude. This usually changes when they see my dog on a leash, my two little girls, and (ahem) a 9mm on my hip.
I calmly explain to the owner that while “fluffy” may be the sweetest animal on the planet, I will keep their dog appraised of the fact that I am an Alpha of my pack and I will defend them.
I don’t care how nice it is, if I see a hundred pound dog running at me, I’m going to defend myself! I mean heck, that dog weighs as much as I do!
LOL
This is a pet (no, it is a pun) peeve of mine.
I carry a large padlock on a cable just for this reason.
I have been bitten by dogs, all of whom the owner was shocked - as “fluffy” wouldn’t hurt a fly.... so, never again.
And a pistol, just in case the owners gets pissed at thier mutt getting whacked. Or I have a run in with a black bear - they seem to like the bike paths up here.
Sorry for the pooch, but responsible owners keep thier animals on a leash...
The biker is also identified as the same person who last reported the dogs to police.
The park is in the county, no leash is required, dogs didn’t respond to vice commands AFTER being pepper sprayed.
The biker is such a putz that he fell down with his feet stuck in pedal clips.
The only part they left out is that he had pissed and crapped his pants when he was menaced by the 66 yr old owner.
The guy’s lucky he didn’t get pummelled for pepper spraying another guy while he’s locked into his bike. The dogs, that’s one thing - they’ll be fine, but the owner...he’s lucky that weasly manuever didn’t trigger some rage based payback. He could have certainly warned, talked, etc before spraying the dude - I didn’t see any indication of that written here, and honestly the owner doesn’t look like he’d have been on him in a flash - plenty of time to do some talking rather than spraying.
Quick personal experience regarding “voice control” of dogs.
Years ago, my then 4YO daughter was bit on the face by a neighbor’s German Shepherd dog in public area (alley). The guy was telling everyone that there is no way the dog could have bit her, as it was under his voice control.
An atty pointed out to me that this claim of his turns it from a random dog-bite case to one of felony assault. If the dog was 100% under control and it did what it did, then it must have been at his command. His atty must have told him same thing because he shut up about it shortly after that.
Be careful when claiming your dog is under your control. Unlike a firearm, a dog can do what it wants if there is no physical control.
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