02x43 - Chihuahua Fright

[bunniefuu]

Your dog grabbed her dog in the mouth.

I yelled at my dog.

No. No.

I didn't see any blood or anything.

Her head was punctured.

Your dogs came running up to my dog.

- No, no, no...
- That's not true.

You wanna continue with this case
or you wanna go?

[narrator]
This is Judy Justice.

[theme music]

[narrator] Nanette Hyland
is suing her former neighbor,

Sahara Carrillo for vet bills
after a dog attack.

[bailiff]
Court, come to order. All rise.

Have a seat, please.

Hello, Judge. Case #2042,
Hyland versus Carrillo.

- Thank you.
- You're welcome.

Tell me your dog's name.

Faith.

- [Judy] How old is Faith?
- Eleven.

How long have you had her, Miss Hyland?

Since she was five weeks old.

[Judy] When did you live next door
to the Defendant?

[Nanette]
It was across the way, but, um...

It's across?

Yeah. My side of the door
faced her side of the door.

And there was a grassy knoll
in between.

[Judy]
Do you have a photograph?

- No, I don't.
- Do you?

I'd like to see it.

That's mine. And this is
where hers would be.

- [bailiff] Okay, thank you.
- [Sahara] Mm-hmm.

Okay, so, this is whose trailer?

Hers.

Miss Carrillo, is there a street in
between this area

That's where hers would be.

[Judy] Where?

In that area where the rocky thing...
Right after the grass.

Kevin, give this to the Defendant
and have her point...

- Maybe this one's better.
- [Judy] ...point where

the Plaintiff's trailer would be.

- [Sahara] Okay.
- And where hers was.

This is where hers is,
would've been right here.

Just put "Plaintiff" and show me
where yours was.

Mine is right here.

[Judy]
Put it down.

Let me see if that
makes it clear to me, Kevin.

Thank you.

Yours is here, Plaintiff's is here.

And this large grass area
is a common area?

Yeah.

Is a common area, 'cause
you're all the way down here.

This is a relatively large space.

It's only like...

- [Judy] I wasn't talking to you.
- Sorry.

Okay. And the incident that
involved your pet, Miss Hyland,

happened on October 8th, 2021.

Yeah, it was actually October ninth,
after going back through the paperwork.

You are no longer in this trailer park?

No. It's an RV park, but yeah.

An RV park. How long were you there?

Four or five months. It was like
mid to end of May.

And this happened in October, and
within three weeks I bought a place.

And that's your dog, that's the dog that
was injured that day?

And what kind of a dog do you have?

A Vizsla mix, boxer.

- [Judy] A Vizsla.
- Vizsla, uh-huh.

So, tell me what happened, Miss Hyland,
on October ninth.

I had gotten up and I was
taking my girls out to go potty.

How many of those do you have?

Two. I have a puppy that's
almost two years old, and then Faith.

So, I was taking my girls out to go potty,
and I'd been looking

to make sure that the dog was inside.
And I didn't see the dog.

And it was on its chain under her trailer,
apparently,

- because when we came outside...
- [Judy] No.

Was your dog on a chain?

On a leash, yeah.

[Judy]
What kind of leash?

- This.
- [Nanette] That's not right.

That's not true.

- That's a leash.
- [Sahara] Right.

That's a leash. She says
the dog was on a chain.

- No.
- Yes, it was.

- I don't have a chain.
- Ssh! Ssh!

- [Nanette] Okay.
- I don't have a chain, never had a chain.

It's been a leash.

Were you outside on October ninth
at the time of this incident?

Were you outside when it started?

Yes. I was outside, on top of my stairs.

No, you weren't.

Okay. You're not allowed to answer her.
I'll come back to you.

Okay, so, you're taking your dogs
out to potty.

Were they on a leash or off-leash?

They were on a leash.

But she didn't have 'em...

- [Judy] Don't speak.
- Okay.

I always have 'em on a leash
whenever they go outside.

[Judy]
Were they on a leash on October ninth?

- Yes.
- Okay, so you were taking them out...

Although, you did say, Miss Hyland,
that you let them out in your front yard,

is what you said, I believe,
in your complaint.

Let me see.

You didn't say "I took,"
you said, "I let my dogs out

in the front yard to go to the bathroom."

Mm-hmm. When I say "let e'm out,"
let me clarify, okay.

I'm always with my dogs.

I know you say you're always with them,
that's not my question.

My question to you was a simple one.

Were they on-leash or off-leash?

- Yeah.
- [Judy] Yes, what?

They were on their leashes, mm-hmm.

Be careful. You took them out, on leashes,
in the front grass?

- [Nanette] Mm-hmm.
- [Judy] And what happened?

When we got down to
the bottom of the steps,

her dog came out from
underneath the trailer and grabbed Faith.

[Judy]
Well, she was on a leash.

Yeah, but she grabbed her.
The puppy started to go one way

and I had Faith, and dropped her leash,
and the puppy was going...

Like, she got out of my hand
and was taking off.

And her dog was under the trailer,
didn't know it,

because I had been watching
to make sure she had been inside,

but didn't see her or the dog out.
And she came out of the trailer

after the dog grabbed Faith.

In what location did her dog grab Faith?

Right by my trailer.
Right by my steps, where I had my steps.

The chain was long enough
for the dog to go past the tree

that was right there in between
the two properties.

- And she came out and started...
- Your dogs came running up to my dog.

- Just a second.
- You didn't have a hold of the leash.

That's because the dog broke free.

You want to continue with this case
or you wanna go?

No, I wanna continue.

[Judy] Then, let's understand,
we don't talk to each other.

So, your version of the events is that
her dog was chained under her trailer,

you came out with your dogs, on leash.
The puppy ran away, you dropped her leash.

Her dog got your dog and
took your dog back to her trailer.

Yeah.

At what point did she
come out of the trailer?

After the second time her dog
had picked up Faith

and Faith was screaming and
I was screaming.

Okay. Miss Carrlllo, have you ever had
an incident with your dog before?

- With another dog?
- No, I haven't. No, I haven't.

- That's a lie, 'cause...
- [Judy] Ssh!

I want you to think carefully.
Have you ever had another incident

with your dog and another dog?

- No.
- [Judy] How long have you had your dog?

Since she was a puppy. Nine years.
Since, uh, 2013.

And this is the first time she
aggressively bit another animal?

Yes.

[Judy] You have information
to the contrary, Miss Hyland?

- Yeah. Because when I...
- [Judy] Okay. Ssh.

I'd like you to tell me.

When I first moved in, she even told me
about how her dog

- had k*lled a couple other dogs.
- Wow.

[Judy]
Okay. Tell me about that.

She just told me to make sure
I was careful with my dogs

because her dog has a history of attacking
and aggression toward other dogs.

[Judy] No. Well, those are conclusions.
You first said

that her dog k*lled two dogs...
- She did.

She told me that her dog was aggressive
and that it has a history

of k*lling other dogs and
that it had already k*lled other dogs,

and that's why she got kicked out
of her last RV park.

I've never lived in another RV park.
That's my first RV park ever, living at.

Where did you live before?

At my mom's on Main Avenue.

Did you ever indicate to Miss Hyland that
she should keep her dogs close to her?

We've never spoken, prior to the incident.
We never... I mean,

just maybe a "hi." She just had moved in.
I never spoke to her.

You wanna tell me your version
of what happened on the ninth of October?

Yes. I was outside, on top of my stairs.
I was sweeping,

and my dog was
at the bottom of the stairs.

I have her tied up to the stairs.
There's a ring where I clip her leash to,

so she can't go far. It's just
this distance, while I was sweeping.

Would you hand that to me, please?

And I can hear her dogs barking
while they were inside.

Would you open it for me?

Okay. What you're telling me is,

that this is what you tie on,
under the stairs.

Where did you tie it?

This part, right here. And then, I have...

[Judy] Where?

I have to show you how I have it,
put it on. Can you give it back?

Let her show me.

I would clip it onto her harness,
and then this would clip to the bottom.

- [Judy] What harness?
- My dog's harness.

Are you telling me that your dog
was on a two-foot lead?

Yes. I have her right there,
when I'm right there. Yes.

- [Judy] Okay. Okay.
- Yeah.

The neighbor can vouch to that.

Should I come up?

Mm-hmm.

So, you did see part of this incident.

- Correct.
- Careful.

You saw it from your trailer,
from your RV?

Sitting outside my trailer,
in front of my trailer.

So, I want you to tell me
exactly what you saw.

[theme music playing]

[narrator] Nanette Hyland
claims her former neighbor,

Sahara Carrillo, owes for vet bills after
Sahara's dog attacked her chihuahua.

- Tell me your name.
- My name is Garrett Newhouse.

Mr. Newhouse, how long have you been
the Defendant's neighbor?

Two, three years.

Did you see the dog on that gizmo?

Yes.

[Judy] How far do you live
from the Defendant?

I'm directly behind Sahara.
I'm just right behind her.

Behind hers. So you face
the back or the front of her trailer?

The front of my trailer
faces the back of her trailer.

The door is the same direction,
towards the yard.

[Judy]
So that you don't see her front door.

Her trailer's angled so that
I can see her front door.

Okay. You want to tell me your version
of what happened on the ninth?

You can sit down.

I was outside, on top of my stairs,
my dog was at the bottom.

- On the bottom...
- On this thing, okay.

I have a hook that I clip her,
uh, leash to.

And she was sunbathing right there.
I move her other places,

but while I was there, sweeping on top,
she was right there.

So, then, I hear her dogs inside,
they were barking.

And then, all of a sudden, I hear the door
open and the dogs just come rushing,

both of her dogs. They had leashes on,
but she wasn't holding the leashes.

And then, my dog grabbed her dog,
and I yelled at my dog

and whacked her on her head,
and she dropped the dog.

And then, that's when
she was on her way...

- [Judy] How did that happen?
- What do you mean?

Your dog is on a two-foot lead.
You heard her dogs coming out.

You were on top of the stairs, you saw
her dogs, according to you, running,

and your dog is on this much...

This much, yes.

No, actually, not that much
'cause you made a loop...

Yeah, that's the way I do it.

Well, not a moment ago, you made it,
you made a loop,

so it was on about this much.
And on about this much lead,

your dog picked up her dog in the mouth,
how many times?

Just that one time.
And it's this long.

You can see where the area is all dirt
where she stays on

and runs around it or messes in the dirt.
The grass is still right there,

where it's nice and green, and the area
where she sits in is right there.

Right in front of my stairs.

And so, your dog grabbed her dog
in the mouth while close to your trailer.

- At my trailer, yeah.
- [Judy] At your trailer. And then,

you hit it on the rear end and
she spit out the dog.

- [Sahara] Yes.
- [Judy] And then?

And then, she ran towards her and
she came towards her dog.

This little dog ran towards the Plaintiff,
the Plaintiff ran towards her.

And what did you do?

She went to get her dog and
I brought my dog.

[Judy]
How did you grab your dog?

I took her off her leash and
put her inside.

And then, I went to see if her dog,
you know, is your dog okay?

You know, you shoulda had
a hold of her leash.

[Judy]
What did you say to her when you came out?

Is your dog okay?

[Judy] Is your dog okay?
And what did she say to you?

I can't remember. She was just, you know,
your dog got my dog

I'm like, how come
you didn't have the leash?

They were on leashes,
but she wasn't holding them.

And she said because of her legs,
that she couldn't.

And I told her, you shouldn't have dogs
if you can't take care of 'em.

Just a second.
Is that what you said to her,

you shouldn't have dogs
if you can't take care of them?

I mean, they can't be loose,
there's a leash law,

and she didn't have the leash.
She had leashes on 'em,

but she didn't have a hold of 'em.

I'm just asking you. That's what
you want me to believe you said to her.

That's what I said to her, yeah.

[Judy] You shouldn't have dogs
if you can't take care of them?

- That's what I said.
- [Judy] Okay.

And did you see her dog injured
in any way?

No.

Can I see the records from the vet,
please?

Yeah. And here's even photos.

Was there a report made to,
either the RV or... Ssh!

I didn't finish my question.

Was there a report made to the RV park
or to the police department?

- Yes.
- [Judy] May I see that too, as well?

I don't have the RV park or
the police report. They could not...

Okay. Not, "they could not."
The answer is, "I don't have them."

Yeah. But that's just photos
from the injuries.

[Judy] I'd like to see
the vet report, please.

This is the neurology. This is
all the other vet stuff.

Don't give me a whole bunch of stuff.
I'd like to see the reports

and the bills from the vet.

And I am correct, sir, you did not see
any of this incident. Is that correct?

Only the commotion
when she smacked the dog...

I'm asking you... No, no, no, no.
Stand up.

Let's be very careful about your answer.

Am I correct that you didn't see
any of this incident?

Only after she had smacked the dog and
he dropped the dog and they were...

That little commotion right there

where she picked up the dog
and went in the house.

[Judy] You saw it from your trailer,
from your RV?

Sitting outside my trailer.

So, I want you to tell me
exactly what you saw.

- No, look at me.
- Her...

- Who's "her"?
- Um, Sahara.

Her picking up her dog and
going back to her house.

Where was she when she picked up her dog?

Uh...

No. I tell you what you're gonna do,
you're gonna show me right here.

[Garrett] It was halfway between
her house and...

Ssh...

Put a mark where you saw her
where she picked up her dog.

Okay, may I have that, please?

[Garrett mutters]

So, she picked up her dog

right near Miss Carrillo's RV?

Correct, yes.

And where was Miss Carrillo?

She took the dog up the stairs
and put it in the house.

shut the door, and came back out to see.

And at that time, were you listening

to what the two women
were saying to each other?

Not really.

Were they yelling at each other
or were they calm?

There was yelling.

So, if they were yelling,
could you hear what the yelling was?

I didn't know either one of them at that
time, really, that well.

I think I went back in the house,
at that point, just, whatever.

Thank you. You've been most helpful.

Okay. You have the report for me
from the ninth of October?

- [Nanette] Yeah.
- I'd like to see it.

Okay, so there was one set of stitches
that the dog had.

That was her first surgery.

Okay. Let me see the second time
she was there.

This is the stuff for that one.

And that's what the...

[Judy] This was the day afterwards.
When did she go back?

It was June 30th, because she
was having grand mal seizures

and they had to keep her because they
had to start her on Phenobarbital

because of the eye injuries and
the head injuries.

Well, it doesn't really talk about
those injuries.

In the pictures, it shows
where her head was punctured.

I see one wound.
And I don't see a photograph...

On the picture itself, you see her head,
there's a mark right here,

on her head by her eye.

That was a puncture wound
that they had to clean out.

Okay. The Defendant says
both dogs had a leash on

but that the leashes weren't attached
to your hand.

Is that correct?

I... Honestly, I don't remember,
because most of the time,

when I'm coming down the steps,
I have their leash in hand.

And sometimes, like, going down the steps,
I lose the leash,

or I drop it and they are
at the bottom of the steps, waiting for me

because they know it takes me a minute
to get down the steps.

[Judy] Okay.

If you're standing on your steps sweeping,
you see her dogs running across,

then you jump down from the step
and you grab your dog.

Didn't she say that she wasn't sure
if she was holding the leash?

Her dogs came rushing to my dog.

I don't answer your questions.

[theme music playing]

[narrator] Nanette Hyland
says her former neighbor,

Sahara Carrillo, is responsible
for her chihuahua's vet bills.

Sahara claims her dog was tied up and
Nanette's dog ran under her property.

At any time, did Faith run across the
lawn?

No, she was right by the steps
because the tree is right there.

it was like, in between our spaces
isn't even as big as this.

In between here and
your front of the bench.

And literally, she was grabbed
right by my steps.

Was any report made by you
to any animal control?

I called 911 and reported it and
they can't find the report,

but it was done over the phone. And
I waited for 'em to come out for a week,

and I kept calling them...

I did it over the phone with them.

Did you ascertain from the Defendant
whether her dog was up to date

in rabies shots?

I didn't ask any questions afterwards,
I was just trying to make sure

and find out what was going on with her.

Did anyone from the RV park come and
discuss the incident with you?

They just asked me what happened.

[Judy]
So, the answer is yes.

Do you have any sort of documentation of
that discussion that they had with you?

There was no documentation.

[Judy] Do you remember
the name of the person you spoke to?

- Yes. Yes.
- [Judy] Are you still at the RV park?

Did you tell the RV park that there was
a witness to this event?

- No.
- Well, there were two different versions

of the event. One says that
your dog came and attacked hers,

and you say that her chihuahua came and
was aggressive toward your dog.

But you have, allegedly,
an independent witness

who saw part or most of it who you
brought to court today.

I assume that the Plaintiff communicated
to the RV park that your dog was at fault.

- Correct?
- Yes.

[Judy]
And you say your dog was not at fault.

Is there any reason why you didn't tell
the RV park that there was a witness?

Oh, because I didn't know yet.

When did you find out that he
had seen anything of the event?

Maybe, like, uh, three weeks after?

Tell me about that. How did you find out?
that he had seen any part of it?

Because I was talking to him
about what was going on,

that she was gonna take me to court
and then he said that he had seen...

No. So now, you were
talking to your neighbor.

- Right.
- [Judy] Which meant that you

must have been, at least somewhat,
friendly towards him.

At that time, yes.

At the time of the incident,
on the ninth of October.

We didn't know each other that well.

But you had lived there for a long time.
How long had you lived there?

Since July 20th.

[Judy] And how has he been living there?
How long have you been living there?

A long time, 20 years.

[Judy]
A long time, 20 years. So, my question is,

what prompted you three weeks later
to have a discussion with him?

Because I started to get to know him
by then.

I worked. I worked at that time,
I worked a lot.

You know, so I started to, uh,
conversate with my neighbor. That's...

Mm-hmm. Okay. How much
were your vet bills?

At this point, it's over $10,000.

[Judy]
Have they been paid?

[Nanette]
Most of them.

[Judy] I'd like to see the bills.
The last bill.

And can I say something
about what she said?

First of all, she was in there
way before I was.

She had already been there over a year.
And second of all,

the thing is, is she couldn't have
said anything three weeks after

because it wasn't after
until my leg recovered

from having to have emergency surgery from
falling right after the incident happened

that I even decided to file court papers.
So the court papers weren't even filed.

- Until when?
- [Nanette] Until June.

I didn't say they were filed.

You said three weeks after.
But anyways, so...

May I see the bills, please?

All this happened back in October.

And I literally couldn't get
to the courthouse,

to be able to drive to the courthouse.

How much do you owe the vet?

What I've already paid is over $2,000,
or right around $2,000 in cash

that I've paid. But to get her MRI,
I need to pay $3,000.

There is no nexus that can be drawn
between these seizures

- that she's having now, other than the...
- Well...

I'm speaking. Other than
the vet saying that it's possible

- that it can be caused by trauma.
- Yeah.

Other than that, that's the only thing
I saw there. There was not a full report

that said that the trauma that she had
six months before

was the basis for these seizures
that she's having.

Seizures, she's eleven years old.

She was having these seizures
right after the attack.

Miss Hyland, you have to understand
that you need an expert witness

that you don't have, to demonstrate
that the seizures that your dog

is currently having is a direct result of
this dog attack. Do you understand?

Faith is eleven years old,
and it's possible...

- I have the neurology...
- [Judy] Just a second.

It's possible that it comes from that,

it's possible it comes
from something else.

I don't deal in possibilities.
All I want to know is,

what vet bills you paid for October ninth
and October tenth.

The actual total was $1,526.62

without her medicine being involved.

[Judy] Okay. Well, that's a reasonable
vet bill for those two days.

She did have two different surgeries.

And the medications that
you're talking about

- were also included in that $1,526.
- [Nanette] Right.

Other than for the seizures that
you want me to draw a connection with,

which I'm not. And nothing more
is owed to the vet for those two days,

- October ninth and tenth.
- Right.

Okay. Miss Carrillo, I have to make
a determination as to whether or not

I believe the story that
her two little dogs rushed up to your dog

that was being chained to a step
on a very, very short lead

with you standing right there. And whether
or not I believe that you stood there

while your dog, that was on
a very short lead, that has never had

any problems with aggression before,
picked up her dog, twice,

because once she had puncture wounds
in the stomach

and once she had puncture wounds
around the head.

And I don't believe you.
Quite frankly, I don't believe you.

And I think you're responsible for
her vet bills.

I think you would've indicated...

Didn't she say that she didn't
have the leash, that she wasn't sure

if she was holding the leash?
Her dogs came to my dog...

I don't answer...
I don't answer your questions.

If you're standing on your steps sweeping,

Yes.

And your dog is now chained,
and you see her dogs running across,

then you jump down from the step and
you grab your dog. That's what you do.

You have a very big dog
that you keep on a very short,

according to you, chain,
and there's a reason for that.

- So if you're standing over there...
- Because...

This is not a question and answer.
You're responsible for her vet bills.

I believe her. $1,526.
Judgment for the Plaintiff.

We're finished, thank you.

[bailiff]
This court is adjourned.

They behave, like, even in the courtroom.

She did get bitten by my dog,
but you know...

You know, they listen, like, if I
start counting to three with them...

It was about her not having them
on a leash and having control of her dogs.

They go and do what they're told.

About her dog getting hurt.
I mean, I went to see if it was okay.

[chuckles] Because that's how she is.

That if my dog bites another dog,
I'm gonna have to pay.

So, one thing I found interesting about
that Defendant's testimony was that,

when you were in your line of questioning
about whether or not her dog

had ever been in another fight or
with any other dog, any interaction,

she said no. I thought I remembered
when I was reading her answer,

she stated that she had
a mutual understanding with the Plaintiff

that when her larger dog was outside,
the Plaintiff's dogs would be kept inside.

Why would you need to have that sort of
mutual understanding unless you knew

that your larger dog had a propensity
for violence towards other dogs?

That's true. You know, I'd forgotten.
Now that you mention it, I remember.

that I read about this mutual agreement.
Yeah, I wouldn't think that she was afraid

that the chihuahua would attack her dog.

- Probably not.
- Probably not. Thank you.

[narrator] Want justice?