Dog placed on dangerous list after cat's mauling death

City man's Jack Russell terrier might have been involved in killing of neighbor's pet, Spice

By Candace Sipos -- csipos@nvdaily.com

WINCHESTER -- After defending himself in a trial that lasted about an hour Wednesday afternoon, Peter Mattens lost his case to keep his dog off the list of registered dangerous dogs in the city following a September incident in which the Jack Russell terrier, named Reggie, may have killed a neighbor's cat.

Virginia Matthiesen appeared before the court, holding tissues in one hand, and tearfully recounted events of Sept. 18, when her cat of 11 years, Spice, was discovered near her home mauled to death -- on the cat's birthday.

She said her daughter and two grandsons were visiting, and the boys were going in and out of the front door. At some point, Spice apparently slipped out of the residence at 127 Academy Lane.

Some time later, Matthiesen recalls opening her door to find Mattens, who she said told her, 'I hate to tell you, but my dogs killed your cat.'"

Mattens said he and his son were watching football in the house and his wife went to the grocery store. A minute or two later, when Mattens got up to get a drink of water, he noticed the front door open and asked his son to retrieve two of his three dogs that had gotten loose. His son came back in seconds later, frantic, and said there was a cat outside too.

When Mattens ran outside, he saw Reggie standing over Spice, who was already dead, and his cattle dog mix Biko standing a few feet away, he said. His third dog, a pit bull, never got out of the house during the incident.

No one witnessed the killing, and Mattens continually repeated that he never said that Reggie killed Spice.
"I never said with 100 percent certainty that Reggie killed that [cat]," he said, noting that he was the first person to find the dead cat and felt compelled to find its owner.

According to city animal control officer Nancy Mellott, Mattens did not have a history with animal control issues, but he admitted to the officer that Reggie had gotten out about six to 10 times in the previous year. On one occasion, the dog killed a squirrel in Mattens' backyard, he said.

Assistant Commonwealth's Attorney Michael Mullin pointed out those two reports and brought a neighbor to the stand who also had concerns about Reggie.

Mattens will have to pay $50 to obtain a dangerous dog registration certificate for Reggie within 10 days, according to Virginia code. Also, Reggie will always be required to be labeled as a dangerous dog with a special tag, and Mattens must post clearly visible signs around his home warning others of the presence of a dangerous dog.

City animal control officer Andrea Enke previously told the Daily that owners of dangerous dogs also have to pay a $100 fine to the state in addition to the annual $50 to the city. They also must obtain a $100,000 liability policy on their property and tattoo or microchip the animal to mark it as dangerous.

Judge David S. Whitacre also ordered Mattens to pay the $244 bill Matthiesen incurred cremating Spice at Jones Funeral Home in the city.