Court document details dog owner’s recounting of attack that killed elderly woman

The owner of three dogs in custody in the aftermath of an 86-year-old Calgary woman’s death this past June says in a court affidavit the victim swung a bag of dandelions, sparking the attack.

On Aug. 29, Denis Bagaric filed the document detailing his recounting of the incident as part of the ongoing court process, as he and his partner are now charged with multiple city bylaw infractions.

In the document, Bagaric says the incident happened while he was preparing a fire pit in the backyard of his home, in the 1500 block of 21st Avenue N.W., on June 5.

His three Staffordshire terrier dogs – Smoki, Cinnamon and Bossi – were outside.

Bagaric says he heard a commotion coming from the back gate and was “perplexed” to find the gate with a securely locked padlock was askew.

“The gate was still intact and the lock in position, but the gate was just slightly moved at an angle, causing an opening at the bottom, which I assume Smoki, Cinnamon and Bossi got through,” reads the affidavit.

The court document goes on to say the three dogs were play fighting “all in one bundle” when neighbour Betty Ann Williams, who knew the dogs, approached them.

Bagaric says he thinks Williams mistook the play fighting for something more serious and “was intending to stop them from fighting with one another and help me.”

“Betty had a white plastic bag, which later I would see was filled with dandelions,” reads the affidavit.

“Betty hit the dogs with the bag of dandelions and when she did, Smoki grabbed Betty. I went into overdrive with shock and adrenaline. I jumped over the gate, and as I jumped, it opened and I fell to the ground.”

Bagaric says he grabbed Smoki and threw him back into the yard, at which point his partner, Taylin Calkins, took Smoki to their garage.

The other two dogs continued to play fight about a metre away from where Williams was lying, according to the affidavit.

Bagaric says he took them to the garage as well.

“I then ran back out to Betty. I sat down on the ground with Betty. I told Taylin to get our first aid kit and call 911,” reads the affidavit.

Told by a neighbour paramedics had already been called and were on their way, Bagaric says he began administering first aid to Williams.

Bagaric says he stayed with Williams until EMS showed up 30 to 45 minutes later. He says he kept asking the bylaw officer where the paramedics were and that he “wanted to take Betty to (the) hospital.”

“The bylaw officer told me no, and said the paramedics are busy,” reads the affidavit.

Williams was eventually taken to hospital, where she was later pronounced dead as a result of her injuries.

Bagaric says he willingly surrendered Smoki, Cinnamon and Bossi to the city and consented to Smoki being euthanized.

Prior to the incident, the court document says, there were no signs of aggression, trauma or past abuse from Smoki, Cinnamon or Bossi.

“Smoki, Cinnamon and Bossi are not rescue dogs. I was actually present for their birth on November 3, 2020. They are brothers from the same litter,” Bagaric says in the affidavit.

NO CRIMINAL CHARGES LAID

Wednesday, a trial was scheduled for February for Bagaric and Calkins, who now face 12 city bylaw charges related to the incident.

They are to be tried in provincial court on Feb. 2 and 3.

A day earlier, Calgary police announced there was insufficient evidence to charge either dog owner criminally.

“During our investigation, we found the owners of the dogs took reasonable precautions in securing animals within their property by using a locked gate,” said Staff Sgt. Travis Baker of the CPS general investigations unit.

“There is no way to prove the owners had knowledge the dogs would escape, as they had no history of previously escaping from this residence.

“In addition, there was no sign of malicious intent on behalf of the dog owners.”

Baker says police interactions with neighbours in the area have been positive and that there was no history of any of the three dogs attacking a person.

CITY CONTINUING TO PURSUE BYLAW CHARGES

In July, Bagaric and Calkins were charged under the City of Calgary Responsible Pet Ownership Bylaw with the following:

• Three counts of an animal attack on a person causing severe injury.
• Three counts of an animal attack to a person.
• Three counts of an animal bite to a person.
• Three counts of an animal running at large.

Each count carries a maximum fine of $10,000, according to the city.

The city had previously filed an application to the Court of King’s Bench to have all three dogs euthanized, but a justice ruled an application should first be filed to the Alberta provincial court.

The city has not yet euthanized Smoki, who is in custody in the city’s animal care centre alongside Cinnamon and Bossi.

The defendants’ lawyer, Brendan Miller, says the decision for police not to lay criminal charges should now favour his clients as he challenges the constitutionality of the bylaw charges.

“Once it's proven that a dog escaped or that a dog bit an individual, the onus then shifts to the accused to prove on a balance of probabilities that they were due diligent or they believed in a reasonable set of facts if it’s true that renders their act innocent,” Miller said.

“I can do that. I think the evidence based on the police investigation is conclusive based on their announcement, in fact that they found that he took all precautions.”

Miller says the city’s charges for “dog bite causing bodily harm or death” also fall within criminal jurisdiction.

“The city can’t put anything like that as an element in an offence with respect to bylaws or provincial offences. There are no provincial offences, for example, that have bodily harm as an element.”

Ryan Pleckaitis, chief for the community standards division with the City of Calgary says that his team conducted a proper investigation to lay the bylaw charges.

“We now have to look at what our bylaw states and what is defined as a dog running at large or what is defined as a dog bite or serious dog attack. There are standards we have to meet to move forward. We arrived at that decision to lay those 12 charges.”

Pleckaitis says it would be irresponsible not to euthanize all three dogs.

“Under no circumstances do we feel safe to return those animals into the public realm and euthanizing those animals that are involved in the attack is the most appropriate course of action to reduce all risks to public safety.”

Miller disagrees and says his client has willfully surrendered Smoki to be euthanized, but that Bossi and Cinnamon are innocent.

“My client was the only eyewitness to what happened. I don’t think he has any reason to lie, so in my view, I don’t know why the city won’t accept that.”

The Health Quality Council of Alberta is now conducting an external review of the incident, which includes an assessment of the 911 response.

The report is due this fall.