100-lb. Dog to Remain Sheltered, Judge Rules
Kolbs say they will appeal, with potential to not see pet pending verdict.
Judge William Bowkley ruled a stay pending appeal on Thursday evening in the case of the Kolbs and the couple's one remaining dog.
"What you have here is a balancing of societal interest," Bowkley said. "We have a societal interest in recognizing the right of people to have animals as pets on the one hand has contrasted with, on the other hand, people to feel safe and secure on the streets. As a result of that, these regulations have been adopted in statutory form."
Gary and Susan Kolb were originally indicted on contempt of court charges after police found them walking their African Boerbel pet dogs unmuzzled, per court order, on Oct. 18, 2011. A state Superior Court Judge dismissed the charge against Gary Kolbrecently.
The stay is good for 20 calendar days, according to the Kolbs' attorney, Robert Dunn, but if the family files an appeal it will be until a new verdict is reached. If the 100-pound dog is forfeited via a new verdict, the Kolbs would have no right to visit her.
Bowkley said the ultimate goal of the stay is that the remaining dog not be euthanized unnecessarily, but only in the event a suitable living place can not be found for the dog.
"[We have to find a place] where they will be accepted, because it's clear to me that it's nobody's desire to have this kind of animal euthanized. With that background, I have to consider the evidence. The evidence in this case is really quite clear," Bowkley said.
"Of course," Susan Kolb said when asked if she and her husband would appeal the verdict. She also added that she and her husband are not disappointed.
The Kolbs had been battling since 2008 in various state courts to keep the two 100-pound dogs, Jumba, a male, and Imani, a female, after the dogs allegedly knocked over a woman and her grandchild in 2008 and allegedly bit two people in 2009 while the couple lived in Jersey City. They were charged with contempt in Jersey City for walking the unmuzzled dogs.
The Kolbs moved to Jefferson in October 2011 after the Jersey City incidents. The Kolbs were ordered to keep the dogs muzzled and on a short leash while they were being walked in public. The dogs were taken away following the Jefferson incident, and Jumba died in January while living in a shelter.
suzie
12:18 pm on Friday, March 15, 2013
For goodness sake! This is so out of control! The muzzle fell off. It was on an empty street ai 5:30 am. If the neighbor who was a cop going to work hadn't seen it none of this would be going on. How much money will this DA waste on destroying this family? I know their child needs a special education plan but isn't all this harming the boy? What keeps them in that area? Is it work? I feel so badly for them. Does anyone know if they have considered leaving the state? NJ is considering BSL laws so it will only get worse. This is shameful. I am stunned that more people have not protested this misuse of power and money. This must be some wealthy town with money to burn. Why else would this be permitted? Thanks to this paper for it's objective coverage. I live in Atlanta and am heartbroken for the Kolbs.
Chris Johnson
12:27 pm on Friday, March 15, 2013
If you use Google and research this story a little further, you'll see that there was a lot more to it. These dogs bit and hurt other people in Jersey City and the people in Jefferson are understandably concerned. The owners of these dogs have shown disregard for previous court orders, not just the one that required them to muzzle the dogs while they were out. Since you don't live near the area, I can understand why you think this is ridiculous but you should read up a little more about it.
Nancy Jones
2:00 pm on Sunday, March 17, 2013
suzie, The Jefferson Patch did an article October 14th 2012 which says the Kolbs lawyer proposed allowing them to move away. It's titled "Don't Kill Our Dogs, We'll Move". I don't understand why this option is not under consideration either.
james jackson
8:40 am on Monday, March 18, 2013
suzie it is not abuse of power nor is the town wealthy it is folllowing the law and the court order. the people were the one who broke the court order whether it was 5:30 am or later even if there were no people on the street. there are 2 sides to the story who knows if the muzzle fell off or they were disobeying a court order. no one in the town wants another person bitten by the dog. would you?
leslieaw67
1:55 pm on Friday, March 15, 2013
I agree with Chris. Google the Kolbs and Jersey City and see what you find? There is so much more to this story than what is presented in this article. The charges against these people date back to 2008! The reason it has been in court so long is because the Kolbs either disobey the Court Order or they appeal the case over and over again. They have been given so many chances to do the right thing by their dogs, but they continually disobey the law. Everyone is entitled to their opinion, but without knowing the back story, you can't possibly understand why the residents of Jefferson are so outraged by this story.
Amber Donoghue
3:49 pm on Friday, March 15, 2013
Come on guys, whatever was 'alleged' in the past does not justify jailing Imani all this time in a shelter and depriving her of her family environment. It is so detrimental to her health and well-being. Dogs are our responsibility; fine the owners if laws are broken - do not kill the dog! Jumba has already died in shelter, a very sad way for him to go... how does it really serve anyone to keep an animal suffering when she herself has no comprehension of any crime - she's a dog for pity's sake, she did not commit this crime! I have a very large breed dog, and I know how some people can be about his size, but I have been fortunate to be free to walk around my community with him all the time so that many people have come to know him and it has dispersed most people's fear. If I had had to walk him at 5 in the morning, not many people would know him and so he would have remained a worry to some people who just innately fear big dogs. What we have now is a family in distress fighting for their family member, be it canine, and I would do the same - I would fight to my dying breath. The Kolbs have spent all the time they are permitted to seeing their dogs training them and trying to keep them as stimulated as possible. They are actively ensuring their remaining dog is obedient and trained whilst she waits and waits and waits in jail for humans to determine her fate. I hope one day soon, this dog gets her life back
Chris Johnson
4:06 pm on Friday, March 15, 2013
Amber, feel free to mention all that to the people who live in their neighborhood, with numerous small children and see what they say. Furthermore, if original court orders from 2009 had been obeyed, there would be no story here.
Amber Donoghue
4:36 pm on Friday, March 15, 2013
Chris, no-one in their neighbourhood was at risk - it was 5.30 in the morning on a deserted street. Orders were obeyed - this was a simply slip up, it happens. No reason here to kill a dog
Chris Johnson
8:37 pm on Saturday, March 16, 2013
Amber, look up the stories from earlier years. These dogs bit people in Jersey City and the owners defied a court order requiring them to be shipped out of state. The people in the neighborhood have every right to be concerned. Also, I'd like to point out that on here and other websites, the Kolb supporters seem to largely come from Australia and/or Canada. Perhaps one of those countries can take Imani in and let her be their problem.
R Barone
8:18 pm on Friday, March 15, 2013
Really amber!!!!! What happens if they the dogs accidentally get out and attack my 4 year old twins???? You have children ??? what would you do if they attacked your children? Thank them
Amber Donoghue
6:46 am on Saturday, March 16, 2013
Yes really Barone. Being alarmist, extremist, and fanatic with your portrayal of 4yr old children being killed, as if you have some blood thirsty man-eating mountain lion roaming loose outside your house only serves to fill the lawyers pockets, and destroy lives. Thinking you can see into the future is not sensible or reasonable argument... what if one of your twins was going to grow up to be a homicidal psychopath... see what I mean. I'm pretty sure your over-use of puntuation marks is intended to add drama and provoke fear in other readers but have either of these dogs hurt anyone while being under scrutiny of shelter staff. No. History has shown us that irrational hate and deliberately induced fear is what breaks societies down; mob culture is the villain here, not Imani or the Kolbs
J Ant
12:05 am on Saturday, March 16, 2013
Im going to say this the "DOG" who has a name Jumba who was the one who injured people in Jersey City died what don't you people get if you have done the research. So why is Imani still locked in a jail cell? The family and the dogs become one as a family and this family would do anything for the dogs. The media tells you what they want to hear and thats it. I didn't see the media come to their visits with the dogs on a daily basis. So I think someone who watched on a daily basis would know if the dog is safe and I can tell you Imani is not a dangerous dog. As per the one of the newspapers it was Jumba. SO YES FREE IMANI and bring her back to Gary and Susan for good.
R Barone
10:37 am on Saturday, March 16, 2013
I am still waiting for answers to my questions Amber. ????????????? Just for you with the question marks.
Amber Donoghue
11:46 am on Saturday, March 16, 2013
I assumed your 'questions' were rhetorical Barone. Dramatising 'what ifs' is futile - the world could end tomorrow.... I thought I covered that.
R Barone
3:49 pm on Saturday, March 16, 2013
And we all still don't know if Amber has children, because if not......stop talking. Do you even know where they live???? Ugh oh , another question you won't answer. It's really easy 3 questions...........you tell me the answers. "You see the train moves , not the station."... Anybody who thinks "pets" have a greater importance than humans, might want to run around the block a couple million times. I love cuckoo clocks!!!!!
Rita Ross
3:55 pm on Saturday, March 16, 2013
I intended not to write any more posts, but I have a question I need to ask. It seems some people of Jefferson would have no problem if other breed dogs were to get loose. Other residents have dogs who are probably tied up or let loose in their back yard. Is someone going to write back they have 'researched' this question and all owners who have dogs keep their dogs in the house and always, always walk their dogs on a leash. (Yeah! Sure.) What if a neighbor's collie, mutt, dachshund, retriever, etc. were to escape - even if someone just opened the door - to run loose in the neighborhood. It could happen or has already happened. Is anyone going to write back that that dog would not be as 'dangerous' as Jumba and Imani would be if they got loose. ANY dog who can bite can be dangerous.
Amber: "Mob culture is the villain here, not Imani or the Kolbs." Good point. I wish I had said it.
J Ant
Amber Donoghue
6:00 pm on Saturday, March 16, 2013
Spot on Rita ;)
Barone, I'm happy you shared your love of cuckoo clocks but c'mon, who cares whether I have kids (which I do), or whether I can locate you on a map (which I can). I'm flattered by all your attention but this does not mean we are in a personal relationship or that I want to converse with you. Quite frankly, you are starting to creep me out
Deb
9:53 am on Sunday, March 17, 2013
The difference is that the kolbs dogs have ALREADY attacked people. Neighbors are not picking on the breed of dog. The kolbs have proven to be irresponsible on multiple occasions so why should we trust them to do the right thing now? If a small dog moved in next door that had the same track record under the same circumstances I would feel the same way as I do with this situation. The kolbs had to know when they were ordered out of jersey city that their story would follow them. Why would they choose to move into a neighborhood like ours where there are so many people and children? Most of the houses have tiny yards which are not sufficient for a large dog to run and play, therefore they knew they would have to walk them often. These dogs needed a large yard in a rural area but that is not what the kolbs chose. This is not the place for dogs who have been already proven to be dangerous. I would feel the same way about ANY size dog that has already attacked.
Chris Johnson
12:01 am on Monday, March 18, 2013
Thank you Deb. I know you've stated the obvious, but no matter how many times the obvious is stated on here, these various supporters of the Kolbs, many of whom appear to come from Australia and/or Canada, just don't seem to get it. But if the Kolbs wanted to move to Australia or Canada, I'd be all for that.
Rita Ross
3:59 pm on Saturday, March 16, 2013
The notation J Ant on the bottom of my post is an error. I did not see it, but it should have been deleted.
R Barone
7:19 pm on Saturday, March 16, 2013
This is my last comment. Amber please go back and take an English course. I asked "Do you know where THEY live??? Reading is FUNdemental !!!!!! And I'm creeping you out????
P.S. look up alleged and what was found factual in court , tell your friends the difference between alleged and confirmed. Should be a fascinating conversation!
Christina DiBlase
11:10 am on Sunday, March 17, 2013
Getting back to 2008 when this all started were there any photos or evidence of bite marks? Could this dog have been excited and jumped on a by-standard with no intent to cause harm? Do any of the posters really know? But now that the dog in question has passed away (my deepest sympathies to the family) why is the court keeping the remaining dog away from its family. This dog didn't do a thing to anyone from what I understand. Let's make decisions on facts and hard evidence. I believe that the case is public record so isn't it worth it to some who post to get a copy of what was alleged and what evidence there was back in 2008 and go from there?
Nancy Jones
1:34 pm on Sunday, March 17, 2013
I agree with Amber. "Mob culture is the villain here, not Imani or the Kolbs."
Let the remaining dog go home. There has never been any question their home is not secure. The dog was off the MUZZLE for a short time and in the company of at least one policeman for most if it if the official reports i found on Google are correct. The main ones benefiting from the current situation are the lawyers and the facility where the remaining dog is locked up. They have been paid many thousands of dollars of dollars for acting as a jail. For the price being paid to them I think it is shameful the condition the dog is being kept in. What is happening to all this money? It certainly doesn't cost very much to keep a dog locked up in a small cell. I doubt they are feeding the dog steak. They don't employ anyone to take it for walks like a proper kennel would. AND to top it all off, Imani, the dog that is locked up is innocent. Free Imani!
Chris Johnson
2:36 pm on Sunday, March 17, 2013
How many ways do I have to say it? The Kolbs VIOLATED A COURT ORDER back in 2009 - not talking about the muzzle issue here - that required the dogs to be sent to California. Given the track record and in my opinion, I don't see how they can be trusted, at all. When you disregard a court order, you waive all your rights to not be treated as a criminal. Don't like the court order? Then you must APPEAL it, all the way to the US Supreme Court if you have to. Court orders exist for a reason - if people don't obey them, we might as well consider ourselves an anarchy.
Here's the Jersey City original message thread that tells the story from the VERY beginning in 2008, skip over peoples' comments, but read ALL the news stories, it should explain everything pretty well (paste into browser):
http://jclist.com/modules/newbb/viewtopic.php?order=ASC&status=&topic_id=16015
The people living in their neighborhood with small children have every right to be concerned and I hope they continue to show up in the courtroom against these people getting their dog back.
Chris Johnson
2:53 pm on Sunday, March 17, 2013
Here are some more Jersey Journal articles so you don't have to scroll through all the comments, although you may have to register on the website to read all of them (paste into browser):
http://www.nj.com/news/jjournal/jerseycity/index.ssf?/base/news-7/1232609228147250.xml&coll=3
http://www.nj.com/jjournal/stories/index.ssf?/base/news-7/123243631718940.xml&coll=3
http://www.nj.com/news/jjournal/jerseycity/index.ssf?/base/news-7/123330036231670.xml&coll=3
http://www.nj.com/hudson/index.ssf/2009/02/bullmastiffs_owner_appears_in.html
http://www.nj.com/news/jjournal/jerseycity/index.ssf?/base/news-7/123641073371200.xml&coll=3
Here's the story that tops them all, when the dogs were brought back to NJ:
http://www.nj.com/hudson/index.ssf/2011/02/boerboels_accused_of_attacking.html
Nancy Jones
10:34 pm on Sunday, March 17, 2013
Chris, The links you have posted are all from The New Jersey Times except for two which are for a website where some mom is posting. I have looked at the New Jersey Times and it's articles are as full of hysterical and subjective language as your comments. As Suzi above says, thanks to this paper for it's objective coverage.
Chris Johnson
11:58 pm on Sunday, March 17, 2013
Nancy first of all it's the Jersey Journal and the Hudson Reporter, never heard of the Jersey Times. The very first link I posted is from JClist.com, a local message board for Jersey City. But that's all beside the point. Believe whatever you want to believe... I don't care... I'm never going to convince you or show you any news source you consider unbiased. The Patch is a local paper that only covers Jefferson so they haven't covered anything that concerned what went on with these dogs in Jersey City and only briefly mentioned that the Kolbs defied the court order in 2009 requiring them to send the dogs out of state. Defied the court order! Does that mean anything to you? Maybe you'd like to talk with James Joyce or Jonathan Rodriguez, two people who were badly bitten by the dogs and were hospitalized? Or the woman and her young baby that were knocked over by the dogs? Or would all those people be too biased for you? In any case, maybe you can invite the family and its dog to come live in your neighborhood, and let the dog run unleashed. Welcome them with open arms, fine with me if they are away from New Jersey.
EC
6:18 am on Monday, March 18, 2013
Thank you for the LOGIC Chris. Its too bad all of the crazy's the Kolb's have dug up to defend the will never see it for what it is!
leslieaw67
9:31 am on Monday, March 18, 2013
Chris, I have since given up the fight with these people, but I am glad to see you are battling on. Facts are facts and kudos to you for taking the time to document them all, now we will see if people will actually take the time to read them and educate themselves on the subject! Not sure how anyone can defend someone so adamantly when they only know part of the story. The Kolbs aren't victims, they are adults who are being held accountable for their actions. Since I actually LIVE in the neighborhood, I am happy that the safety of our residents is a priority for the town.
Chris Johnson
7:20 pm on Monday, March 18, 2013
Leslie, I'm sorry you have to deal with this firsthand. I really hope it all works out for the best and your neighborhood is safe. It must be a rather unpleasant situation. Best of luck.