Publication date: Oct 12, 2022 • 7 minutes ago • 5 minutes read • 7 comments Denis Bagarich with his three Staffordshire terrier dogs in an undated photo. On June 5, 2022, Betty Ann (Rusty) Williams, 86, died after being attacked by three dogs at one near her home in northwest Calgary. Denis Bagaric/Facebook

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The 86-year-old woman who was fatally mauled by a dog waved a bag of dandelions at the animal, which led to the attack, the dog’s owner says in a court affidavit.

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In the document dated Aug. 29, Denis Bagaric said he was preparing a fire pit in the backyard of his home in the 1500 block of 21st Avenue NW on June 5 when he heard a commotion. Sign up to receive daily news headlines from the Calgary Herald, a division of Postmedia Network Inc. By clicking the subscribe button you consent to receive the above newsletter from Postmedia Network Inc. You can unsubscribe at any time by clicking the unsubscribe link at the bottom of our emails. Postmedia Network Inc. | 365 Bloor Street East, Toronto, Ontario, M4W 3L4 | 416-383-2300

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The man said he noticed a padlocked gate was oddly askew and it was obvious the three Staffordshire terrier dogs – brothers Smoki, Bossi and Cinnamon – had escaped from the yard. He saw the three dogs approach Betty Ann Williams as she was gardening nearby, and claims the elderly man mistook their fight for something more serious and appeared to be trying to help him collect his pets. “Betty hit the dogs with (a) bag of dandelions and when she did, Smoki grabbed Betty,” Bagaric said, adding that Williams knew the animals well.

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“I went into overdrive with shock and adrenaline. I jumped over the gate and as I jumped it opened and I fell to the ground.’ Bagarich said he grabbed Smoki and placed him in his garage, while the two other dogs, which were still struggling near a mortally wounded Williams, were also taken there. When a neighbor said paramedics were on their way, Bagarich said he began providing first aid to Williams “with a cold, wet towel that I wrapped around her neck.” “Then I grabbed the blanket in the first aid kit and wrapped Betty in the blanket.” Meanwhile, on Wednesday, a trial was scheduled for February for Bagarich and his girlfriend, Taylin Calkins, who face city law charges related to the incident.

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Bagarich and Calkins will go on trial in provincial court on February 2 and 3 following the death of Williams, also known as Rusty. He died after being taken to hospital. Betty Ann (Rusty) Williams, 86, died after being attacked by three dogs in a northwest Calgary alley on June 5, 2022. GoFundMe photo Both defendants are scheduled for a pre-trial conference on Dec. 1, according to the Alberta Justice and Solicitor General. The news comes a day after city police said there was insufficient evidence to criminally charge Calkins and Bagaric. Police said their investigation found the three dogs had not been involved in other dangerous incidents prior to June 5 and could find no evidence of malicious intent. The dogs had no previous history of escaping the yard and had been properly kept on the property behind a locked gate, police said. In his affidavit, Bagaric said he was present at the birth of the dogs in November 2020 and that “they were obedient and what Smoki did on June 5 was absolutely shocking. That is why I consented to his surrender (to be euthanized).

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Even so, the two still face 12 charges under the city’s Responsible Pet Ownership Act, including animal attack on a person causing serious injury, animal attack on a person, animal bite on a person and animal at large. Each count carries a maximum fine of $10,000. But the defendants’ lawyer said the police’s decision not to press charges could favor his clients. “There is no sufficient reason for these charges in the statute, as we have seen from the city police. . . I think it has an effect (on the statute’s charges),” Brendan Miller said. The dogs pushed under a securely locked gate that had been weakened by the elements, he said. “The dogs escaped because of a faulty gate post without my clients’ knowledge, and the city knows that,” Miller said.

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His clients, he said, were friends with Williams’ neighbor and “were really upset” by her death. The city will not be deterred from pursuing convictions against Bagarich and Calkins, said chief of law Ryan Plekaitis. “I don’t think it necessarily matters. . . the regulations are quite clear, the dogs caused serious injury and the dogs were at large,” he said. “How they went out and didn’t really secure themselves is not relevant. . . Our role is to investigate and gather evidence and we made that decision (to press charges) several months ago.” Pleckaitis said the city’s evidence is that all the dogs were responsible for the attack and that the city has not received any information that the owners plan to surrender Smoki.

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The city of Calgary had previously applied to euthanize the dogs, which are being held after the attack. This application was made to the Court of King’s Bench. However, the justice ruled that such an application must first be filed in the provincial court of Alberta. The city has yet to euthanize Smoki, who is in police custody with his canine brothers, something Miller and his clients believe should be spared. “We have argued that (Smoki) should be euthanized. . . but Bossi and Canella must be returned — they are innocent,” Miller said.

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No court date has yet been set for the matter, Plekaitis said. Bagaric said that if the court decides the two dogs should not be returned to him, he knows people in Saskatchewan, Newfoundland and Croatia who are willing to take them. His clients, Miller said, have been unfairly labeled as monsters by the media and the public, and called Williams’ death and its aftermath “very sad.” The incident has also raised questions about the response time of Calgary EMS after paramedics arrived on the scene 30 minutes after the attack, although a city bylaw officer responded nine minutes after the call. In his affidavit, Bagarich said he was surprised to see firefighters and a bylaw officer appearing long before EMS, which he said showed up 30 to 45 minutes after the call. “I kept asking the bylaw officer who the paramedics were and said I wanted to take Betty to the hospital,” she wrote. “The bylaw officer told me ‘no’ and said the paramedics are busy.” The Alberta Health Quality Council is conducting an external review of the 911 response, with a report expected this fall. [email protected] Twitter: @BillKaufmannjrn

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