Fate of Zeus the puppy in limbo as judge denies restraining order against Elk Grove

The fate of Zeus, the German shepherd puppy seized by Elk Grove officials after he bit two people, remained unclear after a federal judge Wednesday in Sacramento denied a restraining order to keep the city from euthanizing him.

U.S. District Judge Troy L. Nunley issued his 18-page order after temporarily halting Zeus from being euthanized last week. The latest order stays proceedings in the federal case “until the court orders otherwise.”

Nunley ordered lawyers for both sides to file a status report within 30 days of the completion of a pending suit in Sacramento Superior Court. Christine Kelly, an attorney for Zeus’ owner, Faryal Kabir, originally filed that action seeking to save Zeus, but Nunley’s order does not specifically state that the dog must be kept alive during that period.

The city was noncommittal about what the order meant for Zeus.

“The court’s order today denied the plaintiff’s request for an additional stay from euthanasia for the dog,” Elk Grove spokeswoman Kristyn Laurence wrote in an email statement. “The city respects and accepts the court’s order.”

Asked if the city would proceed with euthanizing the dog or wait for the outcome of the state court matter, Laurence replied, “That has not yet been determined.”

The 15-month-old dog had been deemed a “dangerous animal” after it bit two people in recent months.

One was a man walking at lunchtime who was bitten when Zeus jumped from Kabir’s SUV after returning from a dog park. The other was an Elk Grove police officer bitten as Kabir was escorting Zeus into an animal services van to be taken from her for allegedly not complying with city orders requiring she have insurance, a muzzle, a 3-foot leash and other items.

Kabir has said both bites were provoked.

Kelly said Wednesday that she was preparing a state court filing in an effort to keep Zeus from being euthanized, and said Kabir was in compliance with city orders when the dog was taken, noting that she had purchased a large kennel that Zeus could be kept in, and had the other required items.

She also noted that an Oakland-based group, Rocket Dog Rescue, had made it plain to Elk Grove officials that they were willing to take Zeus rather than have him killed.

“We have transportation ready to go,” Kelly said. “We have a rescue that works with rehabilitation, that’s all they do.

“They take the toughest dogs, rehabilitate them and send them onto other homes.”

In a declaration filed in court Tuesday, Rocket Dog President Pali Boucher wrote that the group has rescued more than 17,000 animals over 20 years. He said in court papers that he had texted and emailed Elk Grove officials “to see how Rocket Dog Rescue might be able to help rescue this dog Zeus from euthanasia.”

Boucher wrote that the only response was that the city is “currently in litigation with this case, so we are unable to discuss anything further at this time.”

“I felt it was important for me to share Rocket Dog Rescue’s willingness to help this dog, so that the court is aware that there is an alternative to euthanasia,” Boucher wrote.

“Over my 20 years of experience in the rescue community, I have encountered many dogs who were thought to be aggressive, but came to flourish in a different setting and with appropriate training,” Boucher added. “As far as I am aware, there is no reason why Zeus could not live an uneventful and happy life if given the right training and environment.

“Rocket Dog Rescue is here to support that possibility.”

Since Zeus was taken by animal service officials in July, the dog has been kept in a kennel at the city’s shelter.

Kabir says she has not been able to see her dog, which she got as an 8-week-old puppy, but has been taking toys to the shelter every few days in hopes that someone will give them to Zeus and he will recognize her scent on them.

“My baby’s in there in isolation,” Kabir said. “It’s not only that I can’t see him, they don’t even allow him to interact with other dogs.”

She added that a volunteer at the shelter has been able to play with Zeus without difficulty.

“They’ve made him look like a killer,” she said. “You know, my baby’s not a killer.”

This story was originally published September 29, 2022 at 5:30 AM.