FIDO posted the info below on its Facebook page today:
FIDO has learned that, late last week, "Goldie Mack" was released to the care and custody of Donnell Barden under the stipulations of a New York State Supreme Court order addressing petitions filed by the Brooklyn District Attorney early in September.
As many of our members will recall, Mr. Barden gained some notoriety late this summer where he encouraged his dog to gravely injure other dogs in Prospect Park as well as menace their owners. Mr. Barden was arrested early in August, remains free on bail and will be arraigned on charges of aggravated animal cruelty, menacing, harassment, and criminal possession of a weapon on October 15.
In part, the court orders that Mr. Darnell must:
1. keep "Goldie Mack" humanely confined while on his premises in a manner
to prevent the dog's escape into public places,
2. at all times and in any public place, keep the dog restrained on a leash of
suitable tensile strength, no more than 6 feet long, and muzzled. This applies
even in places where off-leash allowances may be in effect.
3. ensure that no minor be permitted to handle Goldie Mack, and should
Mr. Barden place "Goldie Mack" in the custody or care of another person
who then loses control of the dog or otherwise causes a violation of the court's
stipulation, Mr. Barden remains wholly responsible and accountable.
4. license the dog, keep the license current and keep the license tag on the dog.
5. agree to microchipping "Goldie Mack"
In correspondence with me, Deputy District Attorney Dianne Malone wrote:
For a negotiated settlement, I think it’s a good resolution; it avoided
a protracted hearing with the need to call your members to court to
testify; the risk of a dismissal of the entire matter (unlikely but
still a possibility), and gave me more than the basic of what I really
needed – he needs to keep the dog on a leash with a muzzle when in
public, to reduce the opportunity for another unnecessary dog fight and
possible injury to a person.
Obviously, it depends on Mr. Barden’s adherence to the order, but that
is where FIDO members can assist me, by keeping an eye open – as they
would anyway – for an uncontrolled dog and reporting to PEP and the
KCDA, any sighting of Mr. Barden without a leash and/or muzzle. If he
violates, then the dog can be seized, held, and he will be tried for
contempt of court.
FIDO in Prospect Park has a deep and abiding respect for the American justice system and appreciates the constant struggle the court has in striking a balance between public safety and individual liberty. Until Mr. Barden "has his day," the court cannot, in any way direct or indirect, trammel on his civil rights.
That said, I cannot help but express my dismay that, once again, we are advising our members to keep a lookout for Mr. Barden. For those of us who so enjoy the park with our dogs, vigilance remains key -- has that been any different? If anyone sees Mr. Barden -- or anyone for that matter -- creating a dangerous situation with their dog, it is a 911 matter. In Mr. Barden's particular case, muzzle, short leash, and exemplary behavior is the rule of the court, and should any one out there observe differently, it becomes a matter to bring up with Park Enforcement Patrol (Sgt Fisher, 718-437-1350) who have been advised and have a copy of the court order, and the Kings County District Attorney's Office (Deputy District Attorney Dianne Malone 718.250.2235).