Elk Grove asks judge to allow city to kill Zeus, saying dog is dangerous to the public

Elk Grove officials asked a federal judge Monday to lift his order stopping them from killing Zeus, a 15-month-old German shepherd who has bitten two people, arguing that the dog is too dangerous to the public and has been aggressive while being held at the city’s animal shelter.

The argument, made in a 22-page filing in federal court, asks U.S. District Judge Troy L. Nunley to lift the stay he ordered Thursday, a day ahead of when Zeus was expected to be killed.

The city argues that both people Zeus bit suffered serious injuries, despite claims by Zeus’ owner, Faryal Kabir, that the bites were minor and that Zeus was provoked.

The first incident came May 16 as an area resident was walking down the street and Kabir was bringing Zeus home from a dog park. Zeus jumped from Kabir’s SUV and bit the man’s leg, something Kabir blamed on the puppy going into “protection mode” as the man stood behind her vehicle.

That bite led to the city declaring Zeus a “dangerous animal” and requiring Kabir to place the dog in obedience training and follow other requirements.

The city says that when officials showed up at her home for a follow-up inspection on July 15 Kabir was unable to provide proof that the dog was enrolled in obedience class, had no proof of insurance and did not show she had a 3-foot leash and muzzle for Zeus.

“As (Kabir) was placing the dog in the Animal Services vehicle, she was unable to control her dog, and the unmuzzled dog, without provocation, attacked and bit an Elk Grove police officer standing by in the public street, causing injury to the officer,” Elk Grove’s filing says.

“As the body worn camera video demonstrates, the attack on the officer was sudden, violent and unprovoked,” the city added. “But for the fact that the victim of the dog’s attack was a well-trained, professional peace officer, the result of the attack could have been catastrophic.”

The city also rejected a finding by James Crosby, a retired Jacksonville, Florida, police lieutenant who has managed dangerous animal cases and declared that Zeus is adoptable.

Elk Grove’s filing says Crosby lives in Florida and “provides no testimony that he has ever actually examined or even met the dog.”

“Rather, his testimony is based on his review of the case file of exhibits and videos,” the city argued.

Elk Grove also argued that on the day animal services and police showed up at Kabir’s home she was “hostile, highly emotional, uncooperative, argumentative, and confrontational,” and that she made a “patently false” claim that Zeus “has never bitten anybody.”

Elk Grove also noted that before the case ended up in federal court, Kabir and her attorney, Christine Kelly, sought relief in Sacramento Superior Court without success.

Kelly then filed in federal court last week, and Nunley agreed to halt Elk Grove’s attempts to kill Zeus at least through Wednesday.

The city called the move to federal court improper “forum shopping.”

Nunley’s order gives Kabir and her attorney until noon Tuesday to reply to Elk Grove’s filing, which asks Nunley to lift his stay and allow officials to euthanize Zeus, who is in custody at the city animal shelter.

The dog “continues to display aggressive behavior, including charging at the kennel door and barking viciously at city staff,” Elk Grove said in its filing.

“I have personally observed Zeus at the city’s animal shelter since his impound on July 15, 2022,” animal services manager Sarah Humlie wrote in a declaration filed Monday that included photos of the wounds sustained by the first person Zeus bit. “He continues to show aggressive behavior.

“For instance, he charges at the kennel door, jumps up on his hind legs, and barks viciously and aggressively at animal shelter staff.”

The city maintains Zeus simply cannot be released.

“Given the plaintiff’s proven inability to control the dog, the risk of harm to the public, including children, if the dog were released is simply too great,” City Attorney Jonathan Hobbs argued.

This story was originally published September 26, 2022 at 12:30 PM.