Zeus the puppy’s owner held as suicide threat after dog seized by Elk Grove, lawyers say

The owner of Zeus, a German shepherd puppy Elk Grove officials are seeking to euthanize as a “dangerous animal,” has been hospitalized involuntarily because of fears she may attempt suicide, according to two lawyers fighting to save her dog’s life.

Elk Grove police placed Faryal Kabir on a 72-hour hold on Thursday after she said she would kill herself if her dog was killed, and she later was placed on a second hold after officials determined she still was a threat to harm herself, according to attorney Andrew Shalaby, who represents Kabir’s sister, Ghesal, who co-owns the dog.

“The police determined the presence of a threat of suicide and placed her under a 5150 hold,” Shalaby wrote in a complaint dated Monday as part of an ongoing lawsuit in Sacramento Superior Court. “However, post-hospitalization evaluation of Faryal Kabir by the hospital resulted in a determination that Faryal Kabir still presented a serious likelihood that she would commit suicide if released, and therefore are now holding her for intensive care and treatment on a ‘5250’ hold (a hold of up to 14 days).

“At this time, Faryal Kabir is on a 5250 suicide prevention hold, and her suicidal state stems from the unlawful taking of her dog Zeus by Elk Grove Animal Services on July 15, 2022, and threat to kill the dog.”

“She’s terrified,” said Jonathan Mills, Faryal Kabir’s brother-in-law. “She didn’t think that the city would lock her up over being sad about her dog.

“She cannot believe the city would do something like this. She’s terrified for her baby and she’s not sure how long they’re going to keep her there, but now they’ve taken away her ability to fight for her dog.”

Elk Grove city and police officials did not respond to email requests for comment Monday, but have said previously no decision has been made about whether to move forward with killing Zeus while legal proceedings continue over the dog’s fate.

Zeus was seized by Elk Grove officials on July 15 after officials deemed the 16-month-old dog a “dangerous animal” after it bit a passerby in May as Faryal Kabir was getting the dog out of her SUV following a trip to a dog park. City officials maintain Kabir failed to comply with requirements for keeping the dog at her home, and say that as Kabir was walking him to a city animal control van he bit a police officer standing nearby.

Shalaby contends the city has failed to comply with its own city codes, and that animal control illegally seized the dog five days before Kabir was required to show she was in compliance.

He also has filed a tort claim seeking $500,000 for injuries and losses she has suffered, and seeking $5 million “in the event that her dog is executed.”

Kabir has maintained that Zeus was provoked into both bites, saying her dog was startled by the passerby as he was getting out of the SUV and sensed a threat to her, and that the bite of the police officer came while the dog sensed her extreme emotions at the time.

“Animal Services and the Elk Grove Police Department acted negligently by giving a leash to Faryal Kabir to escort her own dog into the ‘dog hearse,’ or ‘dog Paddy Wagon,’ causing the dog to smell the death and distress of other animals that had been placed in the Elk Grove Animal Control vehicle over time, and act to save its own life and the perceived dangerous condition upon Faryal Kabir holding the leash,” Shalaby wrote. “In the process, Zeus snagged the left pant leg of one of the officers, and barely broke the skin, yet the city of Elk Grove has tried to allege that this was an unprovoked attack raising a further basis for killing the dog.

“Defendant is wrong.”

Shalaby argues that the city has been miscalculating its own deadlines for pet owners to comply with dangerous animal requirements and that Elk Grove “has killed many animals in this manner,” including 45 dogs euthanized for “aggression” in the past two years, 17 of them German shepherds.

Shalaby and attorney Christine Kelly, who represents Faryal Kabir, said they both are pursuing legal action in a fight to save the dog, and they say an animal rescue group, Rocket Dog Rescue, already has offered to take Zeus and retrain him.

“We are both trying to save the dog,” Kelly said. “It’s unbelievable now, it’s become a real ego thing for Elk Grove.

“I don’t understand. There’s an easy solution — allow this dog to go off and be retrained for three months, whatever needs to happen.”

Lawyers for the city have argued in court filings that Zeus, who has been held at the city animal shelter since July 15, “continues to display aggressive behavior, including charging at the kennel door and barking viciously at city staff.”

“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 wrote, adding that the dog poses a danger to the public and to children if he is released.

Shalaby countered that Zeus is safe, and provided a series of videos and photos to The Sacramento Bee of the dog running and playing with other dogs and people at dog parks, and sitting with children.

This story was originally published October 11, 2022 at 5:00 AM.