A Montgomery County judge ruled on Tuesday afternoon to euthanize a dog that earlier this month attacked a 3-year-old girl inside a Spring restaurant.
Following three days of testimony in court, Justice of the Peace Precinct 3 Judge Matt Beasley ruled that Kingston, a Staffordshire Bull Terrier owned by 46-year-old Jennifer Romano, should be put down. The judge rejected an argument from Romano's defense attorney that the dog could be re-trained, saying he did not believe it was a viable option and citing Romano's "lack of care" for the child when she was attacked.
"I believe that shows lack of responsibility as to what went on," Beasley said. "I do belive that this would happen again...I don't trust you're a good handler for that dog....it's by your own hand and your actions that led us here today."
Kingston lunged and bit Ronin Waldroup on the face, shaking her until the owner yanked back on the leash, when the girl entered the Loose Caboose restaurant on Jan. 9, said the girl’s mother Cleveratta Gordon-Waldroup. She rushed her daughter to the bathroom to wash the wounds before an ambulance arrived. Witnesses said the attack was unprovoked and that Romano ran to her car and drove away, telling the girl’s father: “It’s your daughter’s fault.”
The prosecution argued Tuesday morning in closing statements that Kingston should be put down to prevent future attacks, while the defense unsuccessfully implored the judge to give the dog a second chance. Romano has said that the dog is an emotional support animal and it was wearing a vest indicating it was a service dog on the day of the attack.
The case hinged on a statute in the Texas Health and Safety Code that says a court “may” order a dog killed if it finds that the dog caused serious bodily injury to a person, as defined by the same code. Beasley ruled that the dog did cause "serious bodily injury."
Romano’s attorney, John Kovach, said the statute gives the judge latitude to use his discretion. He asked the court to allow Kingston to be rehabilitated, and that Romano has made arrangements with Houston-area dog trainer Laura London for an evaluation. The dog should be given a second chance in part because Romano relies on him for emotional support, Kovach said.
“We’re not trying to diminish this incident, but what’s wrong with signing an order for Kingston to have an opportunity to prove himself?” Kovach said.
Prosecutors argued that Kingston should be euthanized and showed photos of the victim’s bloody, bruised and swollen face. The child required 14 stitches and will need plastic surgery, Gordon-Waldroup testified in court. Her daughter wakes up at night crying and yelling, “Bad dog,” she said.
“We want to make sure this doesn’t happen again to anyone else in Montgomery County,” said Ronald Chin of the county attorney’s office.
On Tuesday morning, Kovach called on several of Romano’s friends to testify. Each said they had been around Kingston at least dozens of times before the Jan. 9 attack, in public and private, and testified that he was good with children, never growled or bit anyone and helped Romano with her mental health. The recent Spring attack was “uncharacteristic,” the friends agreed.
Romano’s doctor wrote a letter stating that service animals help Romano with her general anxiety disorder. Friends and relatives testified that Romano also suffers from bipolar disorder, depression and hypertension, and takes multiple medications.
Dogs that only provide comfort or emotional support do not qualify as service animals, according to the Americans with Disabilities Act.
Service animal handlers are not required to have certification, registration or professional training. However, Romano registered Kingston as a service dog through the United States Service Dog Registry, a website offering free voluntary service dog registration. But according to the website, registration “does not make a dog a Service Dog — it allows someone to hold themselves to a community defined standard.” Kingston’s registration on the website has since been revoked.
Conflicting testimony surrounded Kingston’s previous bite history. Montgomery County officials said the dog has no recorded bite history, but that they had heard rumor of other incidents. Lily Ferguson, 19, testified that Kingston bit her face in June while she was living with Romano. She did not file a report, but later sued Romano.
Fred Evans, another of Romano’s friends, disputed Ferguson’s testimony in court on Tuesday, saying Ferguson told him she was bitten by a dog outside Romano’s apartment that she could not identify. He agreed that her story was “inconsistent” and Kovach accused Ferguson of “lies.”
In recent years, Romano has been named in multiple lawsuits surrounding a different pit bull, Gus, she claimed to be rehabilitating through her now-defunct business, Maggie’s House Rescue.
In a similar hearing in 2013, a Montgomery County judge ruled that Gus caused serious bodily injury and ordered the dog euthanized. However, Romano appealed the decision and reached an agreement to send the dog to a California trainer. At the same time, she was ordered to pay $1.3 million in damages in a personal injury lawsuit filed in Harris County by the victim.
Romano removed Gus from the California facility before he completed rehabilitation, and six days later, the pit bull attacked another woman. The dog has since been put down.
