A dog owner whose terrier bit a 14-year-old cyclist and a police officer believed he hasn't done anything wrong, a judge claimed.
Nathaniel Rook, 52, failed to arrive to his probation appointments and was jailed for two days and subjected to a two-month curfew before promising to engage with prison services.
It comes after in January of this year, the same court heard how the defendant had his pet, Ruby, on a long lead on both separate occasions when she lunged at the two victims.
In his police interview following the second time, he told police the dog had "just nipped at the jeans" of the teenager "because she was scared" and in one of a number of outbursts from the dock at that sentencing hearing, Rook, of Sunny Hill, said Ruby bit the police officer as she was protecting her owner, reports Derbyshire Live.
He said: "The girl was riding on the pavement and she had no lights. Her dad was in the beer shop buying beer. If he's got money to buy beer he's got money to buy lights. She should be on the road like the others."
In his latest hearing Judge Shaun Smith said: “Not to put too fine a point on it, (you do) not want to do your RAR days (rehabilitation sessions) because you don’t think you have done anything wrong. That’s the top and bottom of it, that’s what the (probation) report effectively says and they want you resentenced for it.
“Sometimes it is not possible for people to go along with the probation service and sometimes the orders don’t work and it seems to me the best way to replace that punishment is to replace it with a different punishment. You have been in prison for two days so I am going to make that your punishment along with a two-month curfew from 7pm to 7am.”
Rook replied: “Lovely, thank you.”
Nicola Patten, prosecuting, said the first incident took place on July 21, 2021, when Rook was cutting a hedge at the corner of Oaktree Avenue and Elmtree Avenue, in Sunny Hill. She said the officer spotted what she called "a Staffie-type" dog on a long lead which started to growl and snap her jaws at him.
The prosecutor said: "The officer located the defendant and asked him to put the dog in the garden. He appeared angry but did so and then, a short while later, the officer saw the dog tied to a lamppost on quite a lengthy lead of some 20ft. The dog lunged forward and bit the officer to the arm."
Miss Patten said the second incident happened at around 4.50pm on November 28, 2021. She said the teenage girl was riding her bike on the pavement with her father in Osmaston Road and when they got to a Co-op store she noticed the defendant and Ruby. The prosecutor said: "As she approached the defendant pulled the dog back but it lunged forward and bit her leg, holding on for what she says was about two seconds.
"She shouted for her father who was further ahead and the police were called. The defendant initially refused to give his details. The dog continued to behave aggressively and lunged towards the officer."
Rook, of Caxton Street, had pleaded guilty to two counts of being the owner of a dog which was dangerously out of control and which caused injury. Miss Patten said Ruby was taken from him on November 29, 2021, and was then placed in kennels at a cost to the taxpayer of more than £6,200.
Handing him an 18-month community order, Recorder Michelle Heeley KC said at the time: "I accept she (Ruby) was trying to look out for you and that she got spooked when (the teen) rode her bike by her but your dog bit a child and you have taken responsibility for that by pleading guilty.
"Clearly you feel very angry at being before the court and you knew that Ruby should not have been on a long lead. The real issue I have to grapple with is whether or not to order Ruby's destruction.
"You were given the chance to get a report about Ruby's behaviour but you didn't do that and I cannot be satisfied she will not do it again. And I am not confident that if Ruby came back to live with you anything would be any different.
"So with great sadness I will make a destruction order for Ruby." Rook then said: "So are you killing the dog?" Recorder Heeley replied: "Yes." Rook said: "Well that's all I need to know."
