Onion (dog)

Onion is the name of a mastiff-Rhodesian ridgeback mix dog in Henderson, Nevada, that has become the focus of a controversy after the dog caused the death of a one-year-old baby on April 28, 2012. The tragedy initiated a still-ongoing legal battle that has reached the Nevada Supreme Court as to whether the dog should be euthanized, with the key issue being who actually owns the dog in question. Animal welfare advocates are devoting resources toward keeping the dog from being euthanized, and are raising donations for their cause—making an example of the Onion case, they say, to demonstrate overreaching law enforcement against innocent dogs throughout the United States.

Fatal incident of April 27, 2012
Elizabeth Keller's family had gathered at her home in Henderson, Nevada, to celebrate the first birthday of her grandson, Jeremiah. During the party, Jeremiah crawled over to Onion and tried to grab hold of the dog in order to stand up. As the boy's grandmother leaned over to pick up Jeremiah, the dog grabbed the boy's head and began to shake the child. The boy's father and others quickly rescued the child.

Paramedics were called and the boy was taken to a nearby hospital. He was later transferred to the University Medical Center but died the next day, April 28.

Animal control response
After the attack, Henderson animal control officials declared Onion a vicious dog; vicious dogs, according to Nevada state law, are euthanized after a mandated quarantine. "The dog attacked and killed a child," animal control spokesman Keith Paul said. "It would be irresponsible of us to allow this dog to be adopted out."

Legal rulings
After much legal wrangling between the Nevada Supreme County Court and Clark County, Nevada District Court, Onion resides at the Henderson Animal Shelter. The issue at hand is whether to euthanize a dog that attacked and killed one-year-old Jeremiah Eskew-Shahan. Clark County Nevada District Judge Joanna Kishner has issued repeated legal orders allowing the euthanasia of Onion. The court case eventually ended up in the Nevada Supreme Court. As of June 8, 2012, Kishner has denied a temporary restraining order sought by the animal rescue group Lexus Project.

At the heart of the matter is that Onion's ownership was relinquished to the city of Henderson after the April 27, 2012, dog attack. However, subsequently the owner designated the Lexus Project as owner.

"Lexus does not have any property rights to the dog, so it had no legal right to seek the temporary restraining order," Kishner said in her legal ruling.

Henderson city officials stated they “will follow the city's law, which would include euthanizing the dog.” According to Henderson city ordinance, a vicious dog could be euthanized after a 10-day observation period.

Later the Nevada Supreme Court entered the legal process after Lexus officials sought legal relief from the state Supreme Court as Lexus attorneys had filed several appeals with the Clark County Nevada District court. Kishner has repeatedly approved euthanizing Onion.

As of June 13, a settlement judge was assigned to work out a compromise between all parties involved in this court case. Until a settlement is reached, hopefully by the end of June, Onion will be kept alive.

Dog rescue response
Chicago dog rescuer Les Golden originally spearheaded the campaign to save Onion. "The dog deserves to be saved," he said. Golden started a nationwide campaign to save Onion. Lexus Project volunteers joined the effort to save Onion by filing legal appeals to take Onion into custody and later transfer the dog to Blue Lion Rescue located near Denver, Colorado.

Joining the effort was Lexus Project attorneys Chandan Manensingh and Kathy McCarthy who have both fought to have Onion's life saved through legal avenues. According to Lexus Project attorneys, Keller signed over dog ownership to the Lexus Project.

Family response
"My grandchild is gone, and I want my dog to be in peace. He won't be in peace until he's put to sleep," said Keller. After the dog was impounded, the family did not appeal the impounding and quarantine of Onion.

Keller later said in a sworn statement, she turned over Onion's ownership under duress, and she wanted the Lexus Project to have the dog.

Lexus Project
The New York based Lexus Project was originally formed to defend a “vicious” greyhound named Lexus that was impounded after killing a Pomeranian dog and its legal defense fund now defends all breeds of dogs. The animal rights defense organization has their own web page where donations are accepted.