SOUTH HADLEY — The owners of a dog deemed dangerous by the Select Board last month are appealing the board’s order to euthanize the dog, claiming the decision was not informed by a specialist’s assessment and therefore denied the dog owners due process.

On June 24, Boone, a 3-year-old brown pit bull mix, escaped from his Pynchon Road home through a hole he dug under the fence, and attacked and killed a maltipoo named Harper who was on a walk with its owners, Stephanie and Georgia Wall. On Aug. 5, the Select Board held a dangerous dog hearing at the request of Animal Control Officer Steven Mailhott. Based on oral and written testimony from witnesses, Harper’s owners and Boone’s owners Matthew and Alice Jeznach, the board deemed Boone a dangerous dog and ordered he be euthanized.

A petition for review of the decision, filed by Jeznach’s lawyer, Jeremy Cohen of Boston Dog Lawyers, to the Eastern Hampshire District Court, said the Jeznachs were denied the right to a fair hearing because a dog specialist never assessed Boone or his behavior, which can indicate effective strategies for rehabilitation in lieu of euthanasia. Since Harper was seven months late on rabies shots, Mailhott ordered Boone to be quarantined in his home for 45 days per state law, preventing Boone’s owners from bringing in an expert to evaluate their dog.

“The requirement that the dog be leashed and muzzled and remain on the property of the Petitioners during the extended quarantine period made such an evaluation impossible for either side to conduct,” the petition said. “The decision lacks input from a specialist in dog behavior and fails to consider other less drastic measures.”

Cohen also requested a second hearing if the decision from the magistrate’s hearing at the district court agrees with the Select Board’s ruling.

According to the decision and orders from the town’s hearing, the Select Board found Boone qualifies as a dangerous dog under Massachusetts General Law, and that a reasonable person would find Boone’s behavior to pose a threat. The board’s decision was informed by oral and written testimony from at least 10 witnesses to the attack and its aftermath, including the owners of both dogs, who elaborated on the information in Mailhott’s report.

The testimony from Georgia and Edward Wall claimed that Boone came sprinting down the street from his home and attacked Harper. The Walls and Kevin Lumb, a neighbor who heard screaming and barking from outside, were unsuccessful in separating the two dogs. Eventually, Lumb’s son Colin Lumb chased Boone back to his home, whacking him with an umbrella until Boone released Harper’s body from his jaws.

Matthew Jeznach came out to find their dog returning home, having heard commotion from outside, but did not see the attack. Alice Jeznach did not deny any of the witness testimony.

There are two other recorded accounts of Boone attacking other dogs. On Aug. 11, 2023, Boone bit another dog on the leg, but Mailhott did not bring the incident to the Select Board’s attention. On Dec 20, 2023, Boone slipped from his leash and lashed out at a nearby dog, resulting in $14,000 worth of surgery and vet bills according to testimony by the Ginger Moore, the victim’s owner.

After the latest attack, the Jeznachs finished a rebar fence with iron rods set 18 inches into the ground to prevent Boone from digging his way out of the backyard. Boone also began wearing a muzzle in public, and the Jenzachs have added a “beware of dog” sign to her home.

The Select Board discussed the case in executive session on Tuesday evening. There is no public record of a court date as of the moment or any future proceedings.

Emilee Klein can be reached at eklein@gazettenet.com.