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  • A sign in the yard at 1025 Frye Road says “Beware of Dogs.” Two women who live there have been fined and put on probation for having pit bulldogs “at large.” Mark Millican/The Daily Citizen

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September 3, 2010

Pit bull owner pleads no contest

Mark Millican markmillican@daltoncitizen.com

Larry Powers got his day in court on Thursday and saw his neighbor — whom he had levied an “animals at large” complaint against — fined and put on probation.

But he won’t stop carrying a pistol and can of Mace when he walks to his mailbox.

“I shot into the ground one time and it scared them away,” he said in describing how as many as four of Pearl Araujo’s pit bulls have menacingly surrounded him at a time. “It’s an ongoing problem. We’ve tried to be good neighbors, but five years is enough to have to deal with vicious dogs that bark and growl and snap at you — on your own property.”

Araujo, 59, of 1025 Frye Road, was cited by the Whitfield County Sheriff’s Office in June with two counts of animals at large, a misdemeanor, after Powers told deputies the dogs were “loose and unattended” on his property. In August during a Magistrate Court arraignment, Araujo pleaded not guilty. The case was set to go to trial on Thursday.

Powers was subpoenaed to appear at the trial, but never got a chance to testify when Araujo pleaded nolo contendere, or “no contest,” to one of the counts. The other count was dismissed. Judge Chris Griffin sentenced Araujo to six months on probation and a $243 fine that also covers court costs.

“It’s not the same dog as last time,” said county prosecutor Sam Sanders when asked why Araujo was offered the “nolo” option, adding that the dog mentioned in the count did not kill another animal. He was referring to a Magistrate Court case in June that involved four pit bulls, alleged to live at the same Frye Road residence, that killed a pet in the Parker Road neighborhood in April.

Sandra Arnett pleaded guilty in June to four counts of animal at large after four of her pit bulls killed a pet dog named “Maggie” belonging to Brianna Evans. Evans’ father, Steve Bailey of Parker Road, said he had to use a shovel to keep the dogs off of him while they were attacking the pet, he told authorities.

Arnett was sentenced to a fine of $202.50, with Griffin suspending the fines on counts two, three and four. Arnett also was sentenced to pay court costs of $40.50, six months probation to be served consecutively for all the counts, and $451 restitution to Evans for her vet bill.

Larry and Sandra Powers left court before Araujo was sentenced when they learned he wouldn’t be testifying.

“That’s what she kept saying, ‘It ain’t the same dog, it ain’t the same dog,’ when we were in court,” said Sandra Powers, noting that Araujo was sitting in front of them. “Larry and I were saying it’s not the dog (authorities) killed, but these were two of the pack that were over there killing the dog. She was trying to talk us into dropping (the complaint) while we were in court.”

She contended there were five dogs in the pack that killed Maggie, because that’s the same number that were in their back yard that had their cat up a tree on the day before the pit bulls killed Evans’ dog.

Sandra Powers said Araujo has concern only for her dogs.

“It’s like she doesn’t care about the neighbors as long as she can do what she wants,” she said. “She wasn’t concerned at all about the two dogs that were killed by her dogs, only that one of her pit bulls was killed.”

Bailey said in May that the dogs who killed his daughter’s pet also killed a pet dog named “Teddy” across the street, but that the owner did not want to go public about it. One of the pit bulls was shot by authorities when Bailey could not get it to leave his yard.

“I don’t know if there’s anything we can do now unless (Araujo) lets the dogs out again,”  Sandra Powers said. “But these were the same dogs that were in that pack the day Maggie was killed.”

Araujo declined to comment after court when she was asked if she wanted to tell her side of the story.



 

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