Two out-of-control staffies which mauled a beloved black Labrador to death in Montrose will be destroyed and their owner is banned from keeping pets for a decade.
Ian Nicolson narrowly avoided prison after the dogs he bought to help remedy his “severe” anxiety and depression killed labrador, Marley.
They had already attacked people and animals in Montrose and Dundee.
Father-of-two Nicolson was not present for the first two attacks and was unable to stop the third.
His Staffordshire Bull Terriers Jake and Bella were already subject to dog control notices when they fatally injured 10-year-old lab Marley outside Nicolson’s home in Garrison Road.
They have been in kennels since being seized and will now be destroyed, with a sheriff telling Nicolson: “Let it be known, this is on your head.”
At a previous hearing, Nicolson was warned his liberty was at risk but Sheriff Krista Johnston opted to subject the 32-year-old to a six month 7pm to 7am curfew and fined him £420 for breaching dog control notices.
The sheriff added the reason Nicolson is now forbidden from keeping animals for the next decade is because: “You can’t be trusted to do so.”
Dundee attack
At Forfar Sheriff Court, fiscal depute Elizabeth Hodgson explained Jake and Bella were with a friend of Nicolson’s when they attacked a golden retriever in Dundee on November 1 last year.
Lola was being walked by Alexander and Susan Murdoch, who were visiting their daughter Rachael.
In an alley, Nicolson’s dogs – untethered, unmuzzled and not wearing collars – attacked, repeatedly biting Lola on the head and body.
Neighbours rushed to help and 67-year-old Mrs Murdoch was knocked to the ground.
She was left shaken but uninjured.
The dogs also repeatedly bit Alexander Murdoch and Rachael Murdoch, injuring them.
Mr Murdoch was left with scratches on his foot and hand.
The dogs also repeatedly bit on the body Michael Young, who had tried to separate them, injuring him.
He was checked at Ninewells and prescribed antibiotics.
Lola was left with cuts which needed to be cleaned and packed by a vet. The treatment cost £250.
First Montrose savaging
A month later, on December 11, Jake and Bella attacked another dog near Nicolson’s home in Montrose.
The dogs were again untethered and unmuzzled when they attacked Ayla, another Staffordshire Bull Terrier, in a communal garden.
Both Jake and Bella ran towards Ayla and repeatedly bit her on the head and body and then bit Scott McLoughlan on the neck and body.
Mr McLoughlan sustained injuries fighting off the dogs and 14-year-old Ayla was also hurt.
He rescued the dog and carried her inside.
One dog had sunk its teeth into the back of his neck, causing him to bleed.
An ambulance was called to take him to hospital, where he was also prescribed antibiotics.
On December 2, both Jake and Bella were made subject to dog control notices ordering them to be kept on leads no longer than a metre while in public and to wear full cage muzzles.
Nicolson admitted he had breached both orders.
In a police interview, he said he could not afford to buy muzzles until he was paid, despite being offered free temporary ones when the notices were issued.
Killed Labrador
After the second attack, additional dog control notice terms were issued, banning anyone except Nicolson from walking Jake and Bella and requiring him to walk them individually.
But their violent spree came to a horrific conclusion on February 26 this year when they mauled black labrador Marley to death in Nicolson’s street.
At 10.45pm, Gary Donald was walking Marley on a footpath when the staffies – again untethered and unmuzzled – pounced and repeatedly bit him on the body.
Mr Donald shouted for help and Nicolson eventually arrived.
Marley was taken to a vet to be treated for puncture wounds to the chest.
The injuries were so severe Marley had to be euthanised.
Firefighter Mr Donald, 48, later told The Daily Record the dogs were in “kill-mode” when they went for his pet.
Police seized both Jake and Bella.
‘Could have been so much worse’
Nicolson admitted being responsible for a dangerously out of control dog on three occasions and breaching two dog control notices.
His solicitor Billy Watt said: “The dogs have been held at a kennels ever since.
“I don’t think Mr Nicolson is under any illusions that the dogs are going to be destroyed in due course.
“He suffers from quite serious mental health difficulties, severe depression and anxiety.
“One year ago, the dogs became available for sale. Mr Nicolson thought that this would be a good thing for his mental health.
“I would submit that he was completely underprepared for the difficulty involved.
“Mr Nicolson felt he could train these dogs but he’s certainly not qualified to do so.
“He was, in his words, desperate to plead guilty to this as soon as possible.
“He was keen to make amends. He did offer to pay for everyone’s vet bills.
“Mr Nicolson is appalled by what happened. He’s been quite shaken by it.
“In some respects, he may have gotten off lightly already.
“This could have been so much worse.”
‘Just persuaded’ not to jail accused
Ms Hodgson said police had received intelligence Nicolson has since got a new dog but Mr Watt said this was not the case.
The sheriff told Nicolson his being a father, having not been jailed before and the presumption against short sentences made him “fortunate”.
“It was an error of judgement on three separate occasions – the same error of judgement.
“I’ve heard about this absolutely atrocious course of conduct on your part, to fail to take control of animals that were obviously dangerous and which you knew were dangerous and notices were in place telling you what to do to make them less dangerous.
“The harm in this case is towards the high end.
“The consequences towards humans and animals as a result of your reckless inattention to control these animals are significant.
“You’ve expressed some empathy and remorse, although it didn’t manifest in you taking some responsibility when you should have.
“I’m – just – persuaded that I can deal with you by something other than a jail sentence.”
