Select Board declares dog ‘dangerous’ and votes for euthanasia Hearing was scheduled after an incident on Hargrave Avenue
By Theresa Knapp
At a dangerous dog hearing on Oct. 11, as part of the Holliston Select Board meeting, Ashland and Holliston Animal Control Officer Donna Walsh recalled an incident near regarding a dog bite in late September. The incident took place near the intersection of Hargrave Ave and Kathryn Lane.
“On Thursday, Sept. 29, 2022, at approximately 8:45 [p.m.], I got a call that there was a dog bite on Hargrave Ave involving a dog that lives at 30 Hargrave. The dog that was bitten, was injured in the attack, and already left the scene for the veterinary hospital. The police were on scene, got all of the information on both parties, and they sent it to me by email.
“On Friday, Sept. 30, I spoke with Louis Tibaldi about the incident. He stated his dog was attacked by another dog living at 30 Hargrave, #4, owned by Daniel Darienzo, dog named Jax, a male dog called a lab-mix. The dog got loose from the house supposedly when Mr. Darienzo was letting the dog out on a tether cable attached inside the house. It is a small cable and appears not to be strong enough to hold a dog the size of Jax. Dog is estimated to be about 70 pounds, he’s a large dog. Dog grabbed the little Yorkshire terrier [Fauci] around the middle while it was being walked on a leash. The little dog had several puncture wounds and it perforated his abdomen and stomach, requiring $4,000 surgery in order to save his life.
“Mr. Tibaldi sustained significant injury to his hand, this happened while trying to get Jax to release his dog. Both Mr. Tibaldi and Mr. Darienzo were on the ground trying to break up the attack. I went to 30 Hargrave with the police officer and spoke with Daniel Darienzo on Friday morning. After doing some investigation, I found the dog was not vaccinated for rabies and was not licensed with the town. I issued four citations: one for running at large, one for failure to vaccinate for rabies, one for failure to license, and one for complaint of nuisance [by] vicious disposition.
“I explained to Mr. Darienzo that I would be requesting a dangerousness hearing for the dog; he would need to put up a secure fence for the dog at his home which he rents the premises, and [he] stated he won’t be able to do that. I issued a quarantine order to Mr. Darienzo for 10 days to determine the dog does not have rabies.”
Walsh then addressed Darienzo, who attended the hearing.
“Mr. Darienzo, you were not home when I came today. I went to check on Jax to make sure that he was healthy so that we can determine that he doesn’t have rabies, that’s what the quarantine is for. So the 10 days is up now, and he’s fine, that means he does not have rabies. So I was able to visibly see him, he came to the door and greeted us through the window, so I know that he’s healthy but I couldn’t sign off on it because you weren’t there.”
Walsh said the tether line she suggested he change, appears to have not been changed.
Town Administrator Travis Ahern read the police report from the same event.
In that report, the officer recalled a similar scene and said, “Daniel took responsibility and offered to pay for Fauci’s veterinary bills.”
Darienzo first told the Select Board his dog, born in 2020, does have an effective rabies vaccine; he later said he did not. He told the board the first time his dog met the Yorkshire terrier, it bit his dog in the face. He said, “I guess I just never seen a neighborhood that would call the police for a dog that’s out running in the street if I’m on his back.”
ACO Walsh responded, “It happens all the time.”
Tibaldi was also present. Ahern read Tibaldi’s complaint aloud which included, “[Jax] backed off a couple of times but he eventually circled back to us and attacked my dog. I yelled for help and tried to stop the attack as best I could. The ensuing battle was heard by several neighbors and many of them came to help. Eventually, we were able to get between the dogs and shelter Fauci who was severely injured and bleeding and laying on the ground. I was also bitten during the fight.”
Tibaldi said Fauci underwent surgery the next day, and Tibaldi received stitches for his hand injury. Tibaldi ended his complaint by stating the dog should be euthanized.
Darienzo agreed with Tibaldi’s recollection of the incident.
The Select Board referred to two prior complaints on the dog. Member Tina Hein read from a May 2021 police report wherein the ACO performed a well-being check was performed for a dog reportedly being abused by owner. The other incident was Feb. 2021 where a resident claimed Jax jumped on her and knocked her over.
Darienzo said these two complaints are not accurate.
Neighbor Amanda Cataldo was a witness to the Sept. incident which she said was “traumatic” and “quite a graphic scene.” She recalled the incident and said the dog was a danger to the neighborhood.
Darienzo said his dog is not let out intentionally but sometimes escapes out the door. He said, “He’s just a little bit rambunctious but, again, he’s still just a puppy.”
When asked by Select Board member John Cronin if the dog was vaccinated and licensed, Darienzo said he was not. Jax has an appointment to get the rabies shot in the near future and the dog license has expired.
“The incident, per se, is accurate,” says Darienzo. “He [Tibaldi] was trying to save his dog.”
Select Board Chair Ben Sparrell said, “The issue is your dog attacked another dog. That’s why we’re here. That’s why there’s a dangerousness hearing - your dog attacked another dog…There’s a lot here but particularly in this incident, you’re not controlling your dog, your dog’s not licensed, and you don’t have rabies vaccinations. I’m just concerned, are you taking care of your dog?”
Darienzo said he was, and offered to share a picture of his dog.
ACO Walsh made a recommendation to the board.
“I recommend, due to the previous incidents and my feeling is that Mr. Darienzo is not able to handle a dog like Jax, there’s just been too many incidents and I feel it’s just a public safety threat at this point. He rents the apartment so putting up a fence - first of all it’s only as good as the dog owner; if we had even a self-contained kennel is only as good as the dog owner getting him into it. I feel with the multiple incidents and the seriousness of this attack, my recommendation is euthenasia for Jax. I don’t believe that there’s going to be a rescue that will even entertain the thought of taking him on.”
From the audience, Darienzo said, “No one’s going to euthanize my dog, it’s not happening.”
The board expressed concerns about the way the dog is being cared for.
Chair Sparrell said, “It would be against public safety to do anything else, unfortunately, and I have to concur with the recommendations of the Animal Control Officer…she is an expert in understanding what dogs need and what they require, and her recommendation carries a lot of weight for me.”
After a lengthy hearing, the board unanimously voted “to declare the dog at 30 Hargrave Avenue, known as ‘Jax,’ a dangerous dog for which the Select Board has determined that the dog be humanely euthanized.”
Cronin noted that the owner cannot relocate and take the dog with him.
Sparrell said at the end of the hearing, “This is one of the harder things we have to do as a board.”