BARRHEAD - A former County of Barrhead man received $1,300 in fines for an incident in the spring in when a pit bull bit a smaller dog, resulting in its death.
Justice Carrie-Ann Downey handed down her sentence to Damion Dwayne Boysis-Dusza, 29, during a Nov. 14 Morinville Court of Justice session, finding him guilty of violating two clauses in the County of Barrhead's Animal Control Bylaw, specifically 10.1 (dog bite a person) and 10.4 (dog causing damage to another animal).
The minimum fine for violating the bylaw is $75, a maximum of $2,000.
Downey sentenced Boysis-Dusza to $350 for a dog biting a person and $750 for a dog causing damage to another animal.
The county had sought $500 and $1,000, while the accused asked for the minimum penalty.
Downey gave Boysis-Dusza until Dec. 19, 2025, to pay the fine. If he does not pay the fine by that deadline, he potentially risks eight days in jail.
Initially, Justice Downey was to give her ruling the day before, following the conclusion of a 45-minute trial in the Barrhead Court of Justice, but she delayed her ruling to familiarize herself with the bylaw.
She stated that the Crown had proven its case beyond any reasonable doubt.
"Even accepting Mr. Boysis-Dusza's evidence and believing it to be true, it does not conflict with the Crown's evidence on the essential elements of the charges," she said.
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The Crown, represented by County of Barrhead community peace officer Shae Guy, called two witnesses, the married couple who owned the small dog.
The wife testified that she was outside in front of her home with her dog when she heard a commotion from the other side of the residence.
She went to investigate, and when she rounded the corner, she saw her little five-pound chihuahua in the mouth of a large pit bull.
"I began to scream and cry, and I put my hands in the dog's mouth trying to get my dog out," the wife said. "All the while, I was being yelled at and told to shut up by Boysis-Dusza."
It was then that her husband arrived and attempted to rescue their dog.
Guy asked her who the pit bull belonged to and where the dog was in relation to the prospective property lines.
She replied that she did not know who owned the pit bull, but Boysis-Dusza had it on a leash. She added that the dog was roughly a foot from the back corner of her home, well within the 11-foot property line that borders the accused's property.
Boysis-Dusza, who represented himself, asked his former neighbour if her dog was on a leash or controlled in some other manner to ensure it stayed on its property.
She said no, the dog was free, and their home was not fenced.
"Because we were on our property, and [their chihuahua] is usually no more than five or 10 feet away from me at all times."
Guy then called her husband to the stand, asking for his recollection of the incident.
He said he was inside their home at the start of the incident and came out when he heard his wife screaming.
"When I got there, [my wife] was standing over the accused's dog, trying to free our dog from [the pit bull's] mouth," he said. "I then jumped into action, and the [pit bull] did loosen its mouth a bit."
He added it was at this time that the pit bull bit him on the finger, an injury which he would later need to seek medical attention for.
Boysis-Dusza then testified he was at the back of his residence talking with his father, who was visiting with his dog at his side on a leash, when his neighbour's chihuahua came out from underneath their home and started "nipping" at his dog, Rex's" rear heels.
"My dog wouldn't hurt any other dog. It's been around other dogs in the park, and there have never been any problems," he said, adding his dog acted defensively. "Being much quicker and stronger, when he nipped at the little dog, unfortunately, that was it."
Boysis-Dusza also testified that the incident began on his property and in all kerfuffle, which included him trying to wrestle or work over Rex to get him to release the chihuahua; they did cross over the property line.
He also took issue with his neighbours' testimony that he was verbally abusive to them, saying he was trying to get them to stop putting their hands in his dog's mouth, as it was potentially dangerous and they were making things worse as pit bulls have "lock jaws".
Boysis-Dusza would later call his father to the stand, who repeated much of what his son said.
His father also testified that before the incident, he witnessed the chihuahua "nipping and barking" and wandering off the neighbour's property, specifically stating it "piddled" on one of his truck's tires.
In his closing, Boysis-Dusza said that although he admitted his fault in the incident, he felt his neighbours shared the blame.
He noted that he believed the chihuahua should have been on a leash in the absence of a fence, saying that it was a requirement under the trailer park's rules.
Barry Kerton, TownandCountryToday.com