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Page 4 of 35 <br /> <br /> <br />Mr. Pearson and Meridith spoke after the incident. Mr. Pearson showed Meridith his boot, which had a <br />single puncture in it. Mr. Pearson informed Meridith he felt the pressure of the tooth on his foot but that <br />as soon as he felt the pressure, the pressure let up; no skin was broken. <br /> <br />The incident was reported to the police and a potentially dangerous dog letter was issued. The potentially <br />dangerous dog letter references the incident as a “bite.” The police report and photo of boot is attached. <br />See Exhibit 9. <br /> <br />Mr. Pearson during nice weather rides past our home where the incident occurred on a frequent basis <br />(near daily or even multiple times a day). This demonstrates that Mr. Pearson is either not scared of <br />Hammerheart or he is at least not so scared that he avoids the property. <br /> <br />Incident on May 28, 2020 <br /> <br />On May 28, 2020, Meridith’s sister, Becky Burke, was visiting during the day. Ms. Burke volunteered to <br />walk the dogs since Meridith was recovering from a broken ankle and torn ACL. Ms. Burke was <br />downstairs when she volunteered to walk the dogs and Meridith was upstairs. Ms. Burke had left with the <br />dogs before Meridith made it down the stairs to assist in setting up the harness. Ms. Burke left without <br />putting the harness on Hammerheart, which again, controls his walking and generally subdues him by <br />placing him in “walk” mode. <br /> <br />Ms. Burke has infrequently walked the dogs but has been with Meridith on several occasions when <br />Meridith was walking Hammerheart and Hammerheart exhibited leash reactive behaviors. Based on this, <br />Meridith believed that that Ms. Burke was aware of the precautions needed to be taken when walking <br />Hammerheart. <br /> <br />While Ms. Burke was walking the dogs on the sidewalk near Silver Lake Road and 33rd Avenue, a runner, <br />Tim Hayden, approached. As Mr. Hayden was approaching, Ms. Burke took the dogs to the side of the <br />sidewalk and grabbed the dogs’ leashes between the top of the leash and the traffic control handle. Ms. <br />Burke did not give the dogs verbal commands to sit and stay, which is again how they have been trained. <br /> <br />As Mr. Hayden ran by, Hammerheart jumped at him. Both Ms. Burke and Mr. Hayden describe the jump <br />as an “excited” jump. There was barking as Hammerheart jumped but no growling, snarling, or other <br />signs of aggression. <br /> <br />Based on the statement made by Mr. Hayden (neither Meridith nor David was there, and Ms. Burke just <br />saw the jump but not a mouth open or bite), Hammerheart bit him in the stomach. There was a single <br />bite. There was not any substantial bleeding. <br /> <br />Ms. Burke hollered at Hammerheart and pulled on his leash. Hammerheart responded by calming down <br />immediately and made no further attempts to jump towards or advance towards Mr. Hayden. My. <br />Hayden stated at that time it looked like he could have reached out to pet Hammerheart. Mr. Hayden <br />walked back to Meridith’s home with Ms. Burke, with Hammerheart and Talisker walking on the other <br />side of her. Hammerheart made no attempts to approach Mr. Hayden as they were walking, and Mr. <br />Hayden did not feel threatened or scared by Hammerheart. Mr. Hayden stated at Meridith’s home he did <br />20