Nevada Supreme court spares Onion, for now
Onion, the dog that killed a one-year-old boy in Nevada, has gotten another reprieve — this time from the state Supreme Court.
The Nevada Supreme Court on Friday approved an emergency petition filed by the Lexus Project, a non-profit group representing the dog, prohibiting the city of Henderson from euthanizing the dog today.
The Lexus Project asked the court Friday to give it time to file a full-scale appeal or to allow at least two weeks to study a 24-page decision of Clark County District Court Judge Joanna Kishner, who refused Thursday to further delay the euthanizing of Onion.
The Supreme Court’s order stated: “We conclude that a temporary stay is warranted pending receipt and consideration of any opposition to the stay motion.” The order, according to the Las Vegas Sun, enjoins ”respondents (City of Henderson) from taking any action against the dog at issue until further order of this court.”
Favoring the stay were Chief Justice Michael Cherry and Justice Mark Gibbons. Justice Nancy Saitta dissented, saying the Lexus Project had not met the criteria for granting a stay.
The victim, Jeremiah Eskew-Skahan, was celebrating his first birthday on April 27 at the home of his grandmother Elizabeth Keller when Onion, a 130-pound Mastiff-Rhodesian ridgeback mix, grabbed the boy by the head and started to shake him. The boy died in the hospital, and the family surrendered Onion to the city.
The Lexus Project initially filed suit and sought a stay to prevent the dog from being euthanized. Judge Kishner ruled against the organization, which then first appealed to the Nevada Supreme Court.
The Supreme Court issued a stay at that time and ordered Kishner to take another look at the case, which resulted in her ruling Thursday that the city be allowed to go ahead with plans to destroy the dog.
Kathy McCarthy, an attorney representing the Lexus Project, said Kishner never notified the Lexus Project of that decision.
Posted by jwoestendiek June 4th, 2012 under Muttsblog.
Tags: animals, appeal, boy, clark county, court, destroy, district court, dogs, euthanasia, euthanize, henderson, jeremiah, Jeremiah Eskew-Skahan, joanna kishner, judge, killed, mastiff, mix, nevada, onion, order, pets, put down, spare, stay, supreme court, the lexus project