Sam Mandan is a familiar face in downtown Fargo, a popular UPS driver. He is back at work now after two pit bulls attacked him as he was making a delivery to this house, an upper level apartment here.
Sam used his clipboard then his fist to fight off the dogs as they bit him. He did this as he made his way down a stairway to get away from the pit bulls.
Police came. Neighbors tell us they come here often, three times in the last two months for dog calls alone. Meantime, Sam went to the emergency room where his chewed up legs were treated. He believes the dogs were not immunized against rabies so Sam is awaiting his test results. The whole ordeal has been a nightmare.
Sam says it is fortunate he got away with minor injuries. It had been someone older or unable to quickly get away, who knows what the outcome would have been.
Then this question tonight, why no action against the owner or the dogs?
Fargo Police are investigating the dog attack on Sam Mandan. The investigator's report will be sent to the city attorney's office for any possible charges.
This comes as Fargo has a new dog ordinance. Similar to Moorhead, it lays out the process of classifying a dog as dangerous which requires the owner to buy insurance...and pay a yearly registration fee. It also means a hearing before a City of Fargo judge.
“It is going to be sent to the court and the judge will determine whether the dog is vicious or not.”
Those violating the new ordinance could face Class B misdemeanor charges.
Update June 1, 2010 8:37pm - WDAY reports that a complaint has now been filed against the owner of the dogs.
The only thing to come out of the pit bull attack so far is this: A complaint today against dog owner Marvin Allen Shelton Senior for not having his pit bulls on a leash. That is termed "an infraction." A separate legal process regarding the attack could follow.
A new dog ordinance in Fargo gives the city a chance to register dogs that may be dangerous.
Once Shelton is served with the complaint, he will appear in Fargo Municipal Court. No word if there will be action taken against the owner with the new "dangerous dog ordinance."
Update July 27, 2010 1:02pm - The following article is from WDAY:
Judge to make decision on Fargo pit bull attack case
It is now up to Fargo Municipal Judge Tom Davies, who will decide the fate of the dogs that attacked and injured Sam Mandan.
Under a new city ordinance, the pit bulls that attacked and bit the U-P-S worker can be labeled "dangerous." This means the dog owner would have to pay to have them insured and registered, but the owner of the two pit bulls says he has already given away one of the dogs and he argued in court today that his two dogs were provoked before they attacked Mandan.
“The fact that the landlord left the door unmaintained and the fact that Mr. Mandan knocked on my door repeated times and then banged on my door repeated times and that's what provoked the dogs and like I said they were only protecting their home.”
After hearing all the testimony, Judge Davies said he will consider all he heard and make a ruling shortly. The owner of the dogs says he rescued the pit bulls, which had been abused. He says one was used in fighting.
Update August 27, 2010 2:21pm - The following article is from WDAY:
Pit bulls that injured a Fargo UPS driver are now considered dangerous
Two pit bulls that attacked and seriously injured a Fargo U-P-S driver are now considered "dangerous" under Moorhead's and Minnesota's new dog laws.
Following the attack, the owner and the pit bulls moved to Moorhead, which made it hard for Fargo to enforce its new ordinance against the owner and his dogs. The police department looked at all the evidence from the Fargo attack and decided to take action even though there were no incidents in Moorhead.
“Once we reviewed the files about everything that took place, there was no doubt these dogs were dangerous and they needed to fall under the dangerous dog statute.”
The city of Moorhead has now sent the file from the pit bull attack investigation to Dilworth. One of the pit bulls is living there. The other is in the Twin Cities. Police say the owner of the dogs lived briefly at a shelter.