'Dangerous' dog impounded since 2016 denied bond

A Des Moines dog that's been locked up for nearly 16 months will not get an early release after a District Court judge denied the owner's request to free Pinky while she appeals the city's determination that her pet is dangerous. 

District Court Judge Lawrence McLellan on Monday denied Diane Helmers' request to release the dog on a $1,000 bond.  

Helmers won't be getting her dog back yet, but she will not be responsible for paying the city to board and feed Pinky while the dog is held at the Animal Rescue League of Iowa. 

McLellan rejected Des Moines' request that Helmers pay $4,200 for the time Pinky has already been in custody, and an additional $990 for every 90 days the dog stays at the ARL while the case is appealed.

City attorney John Haraldson said this is the first time he has handled a bond case involving an incarcerated dog. He estimates that he’s spent about 75 hours working on the case, which would equal about $4,348, according to city salary records.

Pinky was impounded on March 29, 2016, after attacking a cat in a neighbor's yard. The dog was neither fenced-in nor leashed at the time of the attack, according to a report. The city declared the animal dangerous and moved to have it destroyed. 

But Helmers, founder of Agape Fosters animal rescue in Reinbeck, has fought the city's "dangerous" declaration and sought to have her dog returned. In April 2017, McLellan affirmed a prior decision that Pinky was properly declared dangerous under city code. 

Helmers appealed that ruling on May 24. She said she is willing to fight for her dog, even if she has to appeal the case to the Iowa Supreme Court. 

“If she was truly a dangerous dog, I wouldn’t be fighting this thing,” Helmers said after Monday's hearing. “She’s never bitten another person or killed another animal. They’ve allowed dogs that have done those things to go home.”

Des Moines city code designates certain breeds of dogs — pit bulls, American Staffordshire terriers, and Staffordshire terriers — as well as those that have bitten, as high risk.

Owners of high-risk dogs are subject to special rules and must carry certain levels of liability insurance. Those animals that get into further trouble run the risk of being labeled dangerous and face being destroyed.

Pinky's supporters say the city's breed-specific language is unfair and the checklist of dog features used to assess an animal's breed is unreliable. 

The case has attracted a following of “Save Pinky” protesters who often show up at legal proceedings clad in pink clothing. The group started a Facebook group that has more than 1,000 followers who have been critical of the Animal Rescue League and Des Moines police Sgt. James Butler, the city's chief humane officer. 

Pinky supporters have claimed the dog is being held in squalid conditions, which prompted the ARL to post a video in March that showed Pinky walking outside with an employee and performing a series of tricks. 

“As you’ll see, we are doing everything we can to make her stay with us as comfortable as possible — both physically and mentally,” the ARL wrote in its video caption.

Helmers and her supporters have demanded to see Pinky while the dog remains in the ARL’s custody. But Butler said it is policy to allow only one supervised visit after a dog has been deemed dangerous.

“If we simply allow anyone and everyone to go out and visit these animals that have been declared dangerous ... then we are exposing people to liability, potentially,” he said. 

Helmers, who was not Pinky's owner at the time the dog was impounded, has never met the animal in person.