100-Pound Dog Was Unmuzzled on Walk, Neighbor Testifies
Susan Kolb faces contempt charges for allegedly walking unmuzzled dogs despite court ruling.
A combative cross-examination that challenged Gary Kolb about walking his 100-pound dogs unmuzzled in addition to eyewitness testimony from a neighbor were the next turn in an ongoing dispute Thursday night in Jefferson Municipal Court.
Gary Kolb and his wife, Susan, 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. Earlier this week, a state Superior Court Judge dismissed the charge against Gary Kolb.
Gary and Susan Kolb have 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.
The Kolbs are trying to regain possession of Imani, who is kenneled in Hackettstown.
Steven Post, a neighbor and a Little Falls police sergeant, testified that he was at a local bagel shop early that morning when he saw a Jefferson police car turn down a road that led to his neighborhood. Post said he sensed the police officer was responding to the Kolbs and their dogs.
When he arrived in his neighborhood, Post said, he pulled to the side of the road and saw Jefferson Cpl. Bryan Christie, the Kolbs and the dogs. Post said that he was told by Jefferson Township Council President Richard Yocum that the dogs were not to be in public unless muzzled and on a short leash. Post said he spoke briefly to Christie.
Post said he was close enough to the police car to hear the sounds of a conversation between the police officer and the Kolbs but not all of the actual words. He did say that he heard the phrases. “There are bear around” and “they are hard to get on.”
He testified he was unable to determine which of the Kolbs spoke the phrases.
The Kolb’s attorney Robert Dunn asked Post how he knew the Kolbs were walking the dogs, and Post replied that when he called Jefferson police to report the incident the officer who took the call mentioned that there had been other calls. Post also said two neighbors told him they also called police.
Gary Kolb testified that they walked the dogs between 5 a.m. and 5:30 a.m. when it was still dark so the presence of the dogs would not alarm neighbors.
He said they had moved in to the Jefferson home during the first week of October and had had installed a six-foot fence, an outside shelter for the dogs inside the fenced area and posted two “Beware of the dog” signs.
He said when they moved they had been escorted to the Jersey City line by Jersey City police and greeted at the Jefferson border by members of its police department.
On Oct. 18, Kolb testified, they were walking with the dogs. He walked Jumba, and his wife Susan walked Imani, when Jumba went into a wooded area along the street to relieve himself. When they came out, Kolb said, Jumba’s muzzle had slipped. They decided to walk toward Chamberlain Road where there was a street light and planned to remuzzle the dog at that point.
About that time Christie showed up in his patrol car, Kolb said.
Kolb said he showed the officer that the muzzle was in his hand and tried to explain that it had come off in the woods. He said that one reason he had not immediately replaced the muzzle on Jumba was that there had been reports of a bear in the neighborhood, one by a neighbor and another by the bus driver who brings their son home from school.
Kolb said that he was afraid that his dog would be injured if muzzled and there had been a bear in the neighborhood.
“These dogs are loyal, fearless and protective,” Kolb said.
In a combative cross-examination, municipal prosecutor James LaSala challenged Kolb on the details of the walk and his encounter with Christie.
LaSala focused on Kolb’s description of where his wife was standing during the incident, and challenged Kolb’s sometimes varied answers about where she stood. Kolb said that she had shown Imani’s muzzle to Christie by holding it up in her hand. The muzzle was not on the dog.
LaSala’s repeated questions and harsh tone elicited angry and emotional responses from Kolb, especially during a series of questions about four photographs Dunn presented to show that the dogs had been muzzled before the Oct. 18 walk.
LaSala questioned the digital date stamp on the photos, and challenged Kolb to show that he knew how to set up the camera.
Kolb said that he was not camera literate and did not know how to manipulate the date stamp feature of the camera.
LaSala also challenged Kolb on the precautions taken at their home to warn the public about the presence of the dogs, especially the wording on the sign, which by law is required to have a very specific warning about the presence of a dangerous dog.
The Jefferson hearing will resume at 7 p.m., March 14.
Dunn said Thursday that the Morris County Prosecutor’s Office told him it will appeal the ruling that dismissed the charges against Gary Kolb, or refile the contempt charge.
linda marie anthony
1:25 am on Sunday, February 24, 2013
Dear Gary and Sue & Imani....To the both of you Gary & Sue and Imani you three are still always in my heart thoughts and prayers and i apologize to both of you and Imani in the loss of Jumba RIP SWEET BABY.Jumba and Imani are gorgeous rip Jumba.and your pets are gentle giants..i think the cops are out to bust your chops and maybe using Imani as a some kind of lesson if others do this...do you know what i mean Sue and Gary???Small town cops have to always prove themselves..as in being TOUGH of course in the wrong ways RE: Imani...Put these cops in the middle of Detroit and they'd quit that force and run like hell May God be with all of you..Gary Sue and Imani May the Great Spirit always walk beside all of you and keep all of you safe in your daily travels..Blessings of Love and Light...Linda Anthony...Warwick...RI 401-734-9799 call me Sue or Gary if you need to vent...reverse the charges please...linda
Chris Johnson
1:41 pm on Sunday, February 24, 2013
Linda,
Don't feel sorry for these people and DON'T be posting your home phone number on a website, it's not a good idea. These people did all of this to themselves. Do you know about the three different people (and maybe more unreported) who were bitten very badly by these dogs in Jersey City in 2008 and 2009? Do you know that they were required to have these dogs sent out of state, but didn't do that and didn't pay the municipal fines for the attacks? They acted totally above the law, and all they got was another fine (which I don't know if they paid) and were made to move out to Jefferson, with NO jail time, despite having completely flouted a court order? If these people had done what they were supposed to and not acted above the law, maybe Jumba would still be alive today. Don't be sorry for these people... what about the three different people, including a baby, who got bitten by these dogs? I know that is very traumatizing.
Nancy Jones
7:55 pm on Tuesday, March 5, 2013
Chris, what's your personal interest in this? Clearly you are on a hate mission. Look at the brackets you put after statements to add in untruths to make them look bad. There were previous incidents, but nowhere does it say badly bitten - pushed over yes, not badly bitten. BIG difference. I am sure they would have lost their dogs if they had "badly bitten" anyone. Knocking people over is not a crime, in Australia we call that an accident. And you don't know if they paid the fine? so why are you saying they they didn't pay fines in the lines before? Again, what is your personal agenda Chris? Yes I am very sorry for these people having to live in a town with people who act and think like you. I note that the judge threw the case out. So the only one here who is acting above the law is you. Listen to the judge Chris.
Chris Johnson
4:13 pm on Friday, March 15, 2013
Nancy, you are entitled to your own opinion, but how exactly am I acting above the law? I did not break any laws nor defy any court orders. That is the most meaningless comment I've seen so far.
john
2:32 pm on Sunday, February 24, 2013
wow we dont have enough nut cases here in NJ now we are importing them from Ri
Christina DiBlase
5:37 pm on Sunday, February 24, 2013
I hope that those who have accused the Kolb's dogs of biting them are truthful and not just looking for a way to make some fast money on an insurance claim.
Chris Johnson
9:46 am on Monday, February 25, 2013
There was nothing false about their accusations. There were police reports and court proceedings, and civil suits filed. I believe that all three civil suits were settled out of court, so the Kolbs must have figured they had some culpability.. One of the victims was a mother with her baby that was knocked down by the dogs and the baby hurt badly. Do you think the baby was looking to make some fast money? I can try and rustle up the links to those news stories dating back to 2008 and 2009 if you like.
Fraancis
4:30 am on Monday, February 25, 2013
Curses be upon those with ill will towards the animals, if they have done wrong, may their families suffer the brunt of fit so that they may be able to observe the power of the great black one, the one who is the prince, God only saves one who have no malice , once you have crossed it then you are game, Three is a number nine is in the square, silver and ash are throne for the soul now it is written now it is sold, Hlrim. Now let it be posessed family and all, bottle in ash, foreheads rash. this can only be undone by the master who has thaught to rest it is naught it will only subside when all is wrought.
Fraancis
4:55 am on Monday, February 25, 2013
For all those who have prayed if you wish to have your prayers answered for the family, I have set up a string it is the multiplication spell just walk up to the nearest graveyard, pick up a bit of dirt between your little finger and thumb, say Hlr -lim (Hair limb) Remember the liars and spit 3 times on the floor , throw the dirt over your shoulders and walk back to the house , wash you hands and let the spirit of the graveyard do its job, remember this is only effective for the right thing, if these persons have done this because of malice you will find out the results on them sooner than you can see in terms of misfortune , sickness and bad luck,It can be observed and recorded to see that it works. becaus evil can only be played with evil sometimes it is necessary to do such things for protection, the justification is self protection if some one is hell bent on doing wrong,
Catch me here for more good/ evil spells.
peace to the good changes and ashes to the evil.
Dana
12:23 pm on Friday, March 1, 2013
I also recall reading the allogations of the dogs biting others in Jersey City. I am a dog owner (80 lb lab) and would do ANYTHING to keep them. This is POOR OWNERSHIP, if they were told they had to muzzle the dogs in public, they should have done so. I'm tired of seeing this case in the local news, we have better things to worry about. I'm sorry 1 dog died recently and the other one is still in a kennel. i'm curious if the owners ever paid the fines for the kennel also? I know a few months ago they had a warrent out because they have not made any of their payments. Um, You're welcome? Because I'm a tax payer, so I guess you're welcome for me taking care of your dogs, your responsibility.
Danielle Doran Liberio
4:03 am on Saturday, March 16, 2013
Nowhere did it say the dogs bit anyone. They were walking fast and bumped into someone and that is an accident, not a malicious dangerous dog. These dogs are not malicious and now only one dog is left. Why are some people so malicious..... And this is the world we live in...