SPCA-Emails

On 04/30/2025 11:53 AM EDT Debra Sherman <dlsherman1@yahoo.com> wrote:

I have written 15+ pages of reports. The video very clearly shows that she looks like a refugee who can be knocked over by a feather walking that dog down the sidewalk. Anyone I have shown those videos to has reacted with a gasp.

I see this as a dead end. The pages and pages of written reports I have already submitted along with videos that are beyond clear proof not being sufficient for her to so much as be ticketed or given a stern warning makes it clear that my continuing to write out statements or testifying in court will likely have the same result.

Apparently, I need to miraculously catch her on video slapping the shit out of Enzo, kicking him down the stairs, assaulting him with her shoe, or take video of her with her skull cracked open on the sidewalk because he pulled her down. Or submit a video of Enzo dead on the street after either losing a dog fight or being hit by a car. Or if I’m able to somehow miraculously get a videotape of my continuing to struggle with Enzo’s leash aggression, another dog being injured or my being bitten again – sans that, there is apparently no protection in place for Enzo, for the community, or for other dogs, or for me.  If you won’t accept what I’m saying, then I have no reason to believe the court will.

She is clearly breaking the law. I have provided sufficient evidence pursuant to the language in the town of Lewiston dog ordinance laws. If that’s not sufficient for the SPCA to take action, then my making another statement, on paper or in court, likely won’t produce a different result.

I believe this latest communication from you was written with the intent of getting rid of me by threatening to reveal me as the complainant, and by trying to scare me with testifying in court.

There’s no need for you to reply. I’ll contact you again if God miraculously comes down and videotapes this friggin’ disaster.

Debra

 

On Wednesday, April 30, 2025 at 09:46:34 AM EDT, Johnathan Bondi <j.bondi@niagaraspca.org> wrote:

I will follow up with you and you will need to write a statement and will have to testify in court possibly as well as she will be fully aware that you are the primary complainant. I have reviewed the videos and at no time observe her having the inability to handle the dog on the leash. However, you will need to file as written statement that I will review before writing a citation. I can likely make time Friday to meet with you to have this generated.

On 04/29/2025 4:13 PM EDT Debra Sherman <dlsherman1@yahoo.com> wrote:

I have.  I’m taking an enormous amount of your time sending you pages and pages of reports and emails.  But I have no choice. I need help. I have no choice but to resolve this situation. It cannot continue.

After I replied to your email yesterday, I read the Town of Lewiston dog control ordinances.  Rosalie is clearly, repeatedly breaking the law:

At Large

No dog shall be deemed to be “at large” if it:

Is accompanied by and under the immediate supervision and control of the owner or other responsible person, leashed or restrained by a leash, which means that the dog is equipped with a collar or harness of sufficient strength and tightness to which is attached a leash of not more than eight feet in length, which leash shall be held by a person having the ability to control and restrain the dog by means of such collar or harness and leash.

*The videos I provided clearly show she’s not physically strong enough to control or restrain the dog.

 

Prohibited acts

It shall be unlawful for any owner of any dog to permit or allow such dog, in the Town of Lewiston, to:

Chase, jump upon, at or towards, or otherwise harass any person in such a manner as to cause such person reasonable fear or intimidation, or to put such person in reasonable apprehension of bodily harm or injury to such person or another. 
Habitually chase, run alongside of or bark at motor vehicles or bicycles.  Attack, bite or maul another dog or other pet.

*I have reported these behaviors to you and I have informed her it’s happening several times.

 

The establishment of the fact or facts that a dog has committed any of the prohibited acts of § 102-5A or any subdivision thereof shall be presumptive evidence against the owner or harborer of such dog that such owner or harborer has failed to properly confine said dog.

*I looked up the meaning of presumptive evidence for my own clarification.  “Presumptive evidence means from the evidence which consists of inferences drawn by human experience connection of cause and effect and from observations of human conduct.”

My daily contact with Rosalie and Enzo and the fact that I’ve walked him consistently twice per day for almost two years more than establishes my reports as presumptive evidence, which according to the ordinance, is sufficient for establishing the fact that the dog has committed the prohibited act(s) and that she, as his owner, is allowing it.

It’s my understanding under the law that I do not have to provide video of Enzo’s behavior; that would be quite impossible.  Rather, my testifying to it repeatedly should suffice, as I’m witnessing all of this with my own eyes.  And I was able to get her clear inability to control or restrain the dog on video; that, along with my reporting seeing it many times, I believe should suffice.

I don’t believe Enzo has a license, which is against the Town ordinance law.

There are instances of animal cruelty within my reports.  Your visit establishing that Enzo has food and water, shelter, etc. makes it obvious the dog is not in dire straits.  But it certainly doesn’t establish that no abuse or cruelty is happening; rather my reports of witnessing it on several occasions holds more merit, I believe.

John, I am not trying to question you or disrespect you in any way.  As we discussed during our March phone conversations, I have extensive legal experience and I do understand that you are bound by the law.  But I believe she is, in fact, breaking the law and I believe my reports plus the videos and bite picture I provided suffice as evidence.

Minimally, I’m requesting that you visit her a second time and inform her she is breaking the law and explain what the consequences are.  Her walking the dog, taking him to parks, and pushing him down the streets in a buggy simply cannot be allowed to continue.  It’s dangerous for people, other dogs, and for Enzo.  And Enzo needs proper training.  Her failure to know how to train him and simply sending him out with a dog walker is unacceptable.

If you could at least make another, more “serious” attempt to put a stop to things, it would help.  If you cannot because the prohibited acts don’t fall under Animal Cruelty, then please refer me to someone who can have the discussion with her.

Again, I’m not disrespecting you.  I’m acting out of desperation.  This has turned into an impossible situation.  Enzo’s behaviors are not being addressed.  She cannot train him and refuses any advice or recommendations.  She continues to deny the behaviors are happening.

I’m out with him twice per day.  Sans daily, effective, in-home training, along with a home life free of abuse, my, or anyone’s ability to peacefully and safely walk him is impossible while he remains in her care.  The issues are getting worse and it’s becoming more difficult for me to take him outside without people and other dogs being affected.

As of right now she’s letting me walk him.  But I can’t continue this way, and the possibility of her replacing me isn’t the answer.  There’s not another dog walker who will magically make these behaviors go away.

The problem is serious.  It’s not being addressed.  I’m dealing with it twice daily.  People and dogs are being negatively affected by it. I don’t feel I can walk away, nor would it be legally or morally acceptable for me to do so, given the fact that I am aware of the dangers that exist with this situation.  I feel I’m in danger of someone calling the police and my being held responsible for his behavior as well.

I’m desperate.  I believe, under the law, you or whomever is deemed as having the authority, should minimally give her a more stern warning and a ticket and/or fine if she continues.

On Friday night I have an engagement that is important to my life.  For months I’ve been canceling my affairs for the sake of being home by 7 pm to walk Enzo.  But Friday I can’t.  She will not get a substitute.  She will walk the dog herself.  It’s more than likely Enzo will see another dog and lunge, or see walkers and lunge, or try to chase a car.  She cannot hold onto him.  She cannot.  It’s an incident and possible tragedy waiting to happen.

I should not be forced to not live my life because the authorities will not put a stop to her ridiculously irresponsible ownership of the dog, when it is clear she’s breaking the law.

The ticket/fine may not be severe.  But it’s something.  And in my opinion, it’s required by the Town ordinance laws.

Rosalie cannot be allowed to continue to put me, people, dogs, drivers and Enzo in danger on a daily basis. Law or no laws, I’m stuck in this.  I cannot solve it on my own, and it’s ruining my life and putting others in danger.

I’m sorry, John, I truly am.  Please understand that I cannot stop.  This will not go away without intervention. Again, I mean no disrespect, but it is not my job to enforce the dog control laws for the Town of Lewiston, nor is it appropriate for the situation to be allowed to continue in a way that has such a negative, daily affect on my life and others when her actions are clearly against the law.

Does the Town of Lewiston have a Dog Control Officer?  Can the Lewiston Police enforce the ordinances? Does Niagara County have anyone in place I could contact?

If you still feel you cannot act, please refer me to someone who can.  Or please give me advice or a recommendation as to how I might resolve the situation.  I feel I have nowhere else to turn.

Debra

On Tuesday, April 29, 2025 at 02:55:25 PM EDT, Johnathan Bondi <j.bondi@niagaraspca.org> wrote:

Debra, I understand your frustration with this matter. I urge you to please research the animal cruelty laws and town ordinances.

On 04/28/2025 1:50 PM EDT Debra Sherman <dlsherman1@yahoo.com> wrote:

Thank you for replying quickly.

I’m shocked.  This doesn’t line up with what you told me in March.

I didn’t realize that you aren’t the authority regarding her lack of control over the dog; that it’s the Town’s responsibility. You said the Town has dog ordinances, but I was under the impression that you were the authority to enforce it.

We agreed during our phone conversation that you would do a wellness check and encourage her to surrender the dog.  You asked that I provide you with the picture of where he bit me, and we agreed we wouldn’t proceed with the bite/aggression issue unless it became necessary.  Apparently you weren’t and aren’t in a position to address that; rather the Town is.

When we talked in March, I specifically asked you if Enzo were to be seized by the SPCA, would I be able to adopt him.  You said yes.  I have it written in the notes I was taking during our phone call.  You said yes, that I’d have to fill out the application and be on the list for adoptions, and yes, I could adopt him.  This was and remains a big issue for me.  I don’t want Enzo to be seized and placed in another home.  He’s been through enough. Perhaps I misunderstood, but I very clearly remember our conversation about me adopting him.

Visiting Rosalie was ineffective.  She defied you completely.  Three days later she was out with the dog again. She’s currently planning to start pushing him around town in a baby buggy.  I don’t see how another visit will help, unless you’re going to tell her she’s breaking the law and will be ticketed or arrested if she’s seen out with the dog again. And sadly, I believe she’ll defy you anyway.

Her lack of ability to control the dog while out in public is clearly a violation, and a serious one given his behavior. I provided videos of her walking down the sidewalk with the dog.  The videos clearly show that she’s unstable and not big enough or strong enough to handle the dog even pulling on the leash, let alone lunging at people, other dogs and cars.  In my opinion, that should’ve been enough. It’s clear she’s repeatedly breaking the control law and I’m shocked that nothing can be done.

She was at Kiwanis park.  A park crowded with people, dogs and children, standing there with Enzo on the leash, unable to control Enzo in any way if he were to lunge at a person or dog.  Last summer she was pushing him down Mohawk in a tiny dog buggy. She walks around this complex with him, completely aware of the behavior issues and unable to control him in any way. And she’s being allowed to continue.

I don’t know what else to say.

I’m sorry I’m angry.  I’m shocked that this woman is allowed to continue to put the dog, other dogs and people in the community at risk.  I’m in an impossible situation.  I cannot believe that the dog hasn’t been taken away from her.

I cannot abandon Enzo in her care.  My daily struggle to restrain him continues, as does his risk of being hit by a car, lost, in a dog fight…every time she takes him out.  It appears something terrible, and completely preventable, is simply going to be allowed to happen. Not to mention my having to witness her abuse of him on a regular basis.  I’m devastated.

I’ll call the Town this afternoon and see if they’re able to help in any way.  And perhaps the Lewiston Police, though I have very little hope given what you’re telling me.

Debra

PS  She allowed me to walk him last night and this morning.  I don’t know if she’s looking to replace me; likely so.

On Monday, April 28, 2025 at 10:34:46 AM EDT, Johnathan Bondi <j.bondi@niagaraspca.org> wrote:

I have read the entirety of your email and understand your frustration and attachment with this situation. As explained prior, I am the Animal Cruelty Investigator for the Niagara County area and deal with Animal Cruelty. During my investigation on this matter, there were no violations in the Agriculture and Market Laws of the State of NY to provide me any authority to take further action. The dog has proper sustenance, proper shelter with the environment being clean, and vet records. In addition, the dog appeared to be in good health.

The incidents listed of the dog coming loose off the property is considered a dog at large issue which falls under the town ordinance. This is a ordinance violation and the maximum result will usually just be small fine similar to a parking citation. The police or an animal rescue agent from the SPCA can enforce this when proof is readily available.

In regards to the believed aggression being exhibited by the dog also is not a sole reason for seizure. Dangerous dog claims have to be initiated usually by the court and occur AFTER a dog bite has occurred.

Furthermore, I can not simply seize a dog from a subject of a investigation and suddenly release it to a complainant on an investigation. This can create a conflict in an investigation and is usually not a practice of the SPCA.

In short, I can follow-up with Rosalie, however, I cannot force any action or seizure if I cannot observe a violation as stated before.

On 04/27/2025 8:36 PM EDT Debra Sherman <dlsherman1@yahoo.com> wrote:

Hi John,

I’m reaching out again regarding Rosalie Ponzi and her dog, Enzo.

I’m attaching my updated report of incidents and issues from 4/18 to this morning’s huge blow up.

There have been continued issues with aggressive behavior toward other dogs and people, chasing cars, as well as her continued disregard for his health, which is causing continued diarrhea issues.

The matter has become urgent.

This morning she fired me as Enzo’s dog walker.  We had a fight because of the continued diarrhea issue described in my report.

It’s becoming impossible for me to deal with.  I’ve tried my best to reason with her.  About his diet, the diarrhea, the leash aggression.  She will not cooperate with me.  Fights me every step of the way.  Continues to make things worse.  She will not be responsible.

Rosalie cannot be reasoned with.

She didn’t last a week after your visit.  Three days later, she was out walking with the dog and taking him places.

Please read my attached report for details about what’s been happening.

John, I need you to intervene.  This situation cannot continue.  Rosalie has fired me as Enzo’s dog walker and she refuses to disclose the aggression to anyone.  She has a girl babysitting him in May who is unaware of the aggression issue.

Even if I can convince her to allow me to continue to walk Enzo, I can’t keep dealing with it on a daily basis.  I can’t keep arguing with her.  I can’t continue to have a 7pm curfew 7 days a week because she stupidly insists she’ll walk him if I don’t instead of accepting the people I’ve suggested as a substitute from time to time.  I won’t put Enzo in danger.  It’s ridiculously dangerous for her to be walking him.  It’s dangerous for Enzo, for her, and for other dogs and people in this complex.

This cannot be allowed to continue.  It’s urgent.  I don’t know if she’ll find anyone to walk him.  I don’t know how long she’ll keep taking him outside by herself.  I don’t know how long a future dog walker would last with Enzo’s behavior issues.

This is a terrible situation.  The dog is in danger of being hit by a car, getting into fights with other dogs, being in trouble for scaring people and their dogs, possibly hurting other dogs.  And now that she won’t allow me to walk him, the situation is not being controlled in any way. People will likely start reporting her to the Ridgeview office or to the police.

I’m going back to her apartment this evening to try, for the millionth time, to reason with her regarding Enzo’s care, behavior and training issues.  I have little hope she’ll even discuss it, let alone agree to any sort of resolution.

She’s also arranged for a “baby buggy” to start to take Enzo for walks in.  Not to take the dog – but for her.  She refuses to use a walker and wants to “go for walks.”  Her plan is to put Enzo in the buggy and push him around, using the buggy as something for her to hold onto so she can walk.

This is absurd.  It’s unsafe.  It’s irresponsible.  He will inevitably jump out of the buggy toward other dogs, people, cars.  She cannot hold onto him.  She cannot control him.  It’s a dangerous situation and I believe it will result in a tragedy.

Again, I tried to reason with her about the dangers of this.  She will not listen.  She’s just outright defiant.

I’ve been trying for almost two years to control the situation with Enzo.  She fights me daily. I cannot continue to witness the dog being abused, assaulted, given food that results in diarrhea constantly, and his being at risk of being hurt when she takes him out.  All of it.  It’s too much.  I can’t take it anymore.

I cannot abandon Enzo in her care.  Someone has to help me.  She can’t take care of him. She won’t follow the laws.  She is irresponsible and the dog is in danger, as are people and other dogs in our complex.

I’m asking you to seize the dog and allow me to adopt him.

I believe the numerous, very dangerous incidents I’ve been reporting since July warrant Enzo being removed from her care.  All this time I’ve been his dog walker, I’ve been able to physically handle Enzo and I’ve been willing to help her.  But things are getting worse and she refuses to comply with any of my requests or suggestions and she refuses to follow the law and the rules of the apartment complex.  I do not think this should be allowed to continue.

People and dogs in this complex and the community should not be subjected to a dog who is not being controlled by its owner. She’s made it clear she plans to continue to take him out, continue to take him places, and now the buggy plans.  I believe it’s against local law for her to be unable to control the dog.  Even if she gets a new dog walker, her plans to continue to take him out by herself, the buggy, the non-disclosure of the aggression issue.  I believe it warrants the dog being taken away from her.

A new dog walker is not the answer.  She will not disclose the aggression issues.  And I doubt a new dog walker would last given Enzo’s behavior.  Would the new dog walker be able to handle Enzo?

Enzo does not do well in this apartment complex to being with.  He’s nervous and scared all the time. It’s too many people, too many dogs, too many cars, too many workers, noises, horns.  He’s scared here, which I think contributes to his lack of control.

Convincing Rosalie that she can’t care for the dog and insisting she find a new owner is also not the answer.  Again, she will not disclose the aggression issues, and a prospective owner would be unaware of what they’re adopting.  Her family has proven themselves worthless in the situation.  They’ve refused to help and the daughter continues to make things worse with dumb advice.  Her family or friends taking Enzo is not ok.  Nobody cares about him.  Nobody has cared, no matter how many times I’ve reached out.

My report and this email have nowhere near covered the number of issues that happen continuously to this dog because she owns him.  I rarely go more than two days without something happening, something she does, something she says, arguments.  I cannot express how bad this situation is, and continues to be, and it’s getting worse.

I want to adopt Enzo.  He loves me and trusts me.  I’ve been a daily part of his life for almost two years.  I have 10 years of advanced knowledge regarding the care, health and training of dogs and cats as a result of my full-time job as the owner of PeopleLovingAnimals.com.  I’ve worked with a professional dog trainer and behavioral specialist for 10 years.  I’ve researched all issues regarding dog training extensively, writing hundreds of articles for my website and creating several hundred YouTube videos on the topics as well.

I am not a professional dog trainer.  But I certainly have far more education than the average person, and I’m well qualified to handle Enzo.  Enzo needs a stable home, a stable diet, no more abuse, and effective, daily in-home training.  I can provide that.  I am qualified.  I love him profoundly.  I am willing to take total and complete responsibility for Enzo.

My boyfriend, Leo and I have been discussing moving in together for several months.  After this morning’s incident, we had a long discussion and we have decided that we would like to adopt Enzo, and Enzo and I should move in with Leo.  He earns a high income and has a nice house, with a nice, fenced-in yard.

We love Enzo.  We care about Enzo.  We can easily afford Enzo.  And I believe I’m qualified to handle Enzo’s behavior issues in an effective, kind, responsible way.  I also own my business and work at home, so Enzo will have constant supervision and companionship. The fenced-in yard will also be an enormous benefit for Enzo, reducing his being forced to interact with so many people and dogs on a daily basis.

I’m begging you to use your authority to come and pick up Enzo and allow me to come to the SPCA office to officially adopt him. If you will give Enzo an ID #, I’ll fill out the online adoption application. I will pay the adoption fee. I will have the required adoption interview.  I’ll go to the Town of Lewiston office and get him licensed in my name.

Enzo’s veterinarian is the same one I’ve used for years.  They know me.  I’ve already had discussions with them about Enzo in the past.  I plan to discuss Enzo’s transition to living with us with our vet so his emotional needs are addressed in what will be a big change for him.

I can pack and move to Leo’s house within a week or 10 days. We were planning on it anyway; I’ve been ready for that decision for some time. Enzo will not be in this building for long.

I’m begging.  I’ve been in this nightmare for almost two years.  I can’t abandon Enzo in her care.  I can’t.  Please, John.  Please come and get him and help me adopt him.

Debra Sherman

716-940-6684

On Thursday, March 13, 2025 at 02:43:57 PM EDT, Johnathan Bondi <j.bondi@niagaraspca.org> wrote:

Understood

On 03/13/2025 2:40 PM EDT Debra Sherman <dlsherman1@yahoo.com> wrote:

The next three days are supposed to be warm. Please try to come in the morning if you can. I know she’ll take him out again if it’s warm outside.

On Thursday, March 13, 2025 at 02:32:23 PM EDT, Johnathan Bondi <j.bondi@niagaraspca.org> wrote:

My car was in the shop, I get it back shortly. I will come out tomorrow if that works and call you beforehand.

On 03/13/2025 11:34 AM EDT Debra Sherman <dlsherman1@yahoo.com> wrote:

Hi John,
I’m guessing you ran out of time to come yesterday. Just wanted to let you know she has a dentist appointment this afternoon so she’ll be leaving about 2:45. I’m home all day if you want to text to let me know you’re on the way, or here, so I can buzz you in. Thank you!
Debra

On Wednesday, March 12, 2025 at 02:23:20 PM EDT, Johnathan Bondi <j.bondi@niagaraspca.org> wrote:

Received all, thank you.

> On 03/12/2025 12:01 PM EDT Debra Sherman <dlsherman1@yahoo.com> wrote:
>
> 
> Hi John,
> Thank you again for speaking with me this morning.  Attached are:
>
> My report of incidents involving abuse and irresponsible care of the dog
> Bite pic from this morning
>
> I’m having trouble attaching the short videos I took of her walking down the sidewalk with the dog.  I’ll try again to send those.
>
> Please let me know if there’s anything else I can provide that would help.  Thank you SO much.
>
> Debra
> 716-940-6684
> 4877 W. Eddy Drive, Apt. 121
> Lewiston, NY 14092