Judge hears case of dog biting 3-year-old

MARENGO — A Marengo woman charged with allowing a vicious dog to attack a person represented herself during a bench trial before Judge Kandyce Smolik this month. A verdict had not been filed as of Tuesday morning.

During the short trial June 18, Marengo Police Chief Ben Gray testified that he responded to the report of a dog bite at 697 E. Adams Feb. 23, 2024. Gray said he was familiar with the residence.

While Gray was en route to the scene, a dispatcher informed him that the 3-year-old victim had been taken to the emergency room at Compass Memorial Healthcare, so Gray rerouted to the ER, he said in response to questions from City Attorney Gage Kensler.

Gray interviewed the child’s father, Ryan Werning at Compass Memorial, Gray said. His bodycam was activated.

Gray said that Werning told him that he’d called Tiffany Gotsis and asked if she’d babysit the 3-year-old. Gotsis agreed, and Werning prepared his daughter and took her to the Gotsis house, Gray said.

During the interview in the emergency room, Werning was “holding the victim in [his] arms,” said Gray. The girl had blood on her head, a cut above her eyebrow and a puncture wound on the back of her skull, Gray said.

Gray took photos of the injuries, and they were presented as evidence.

Kensler played a portion of the bodycam footage for the judge. In the video, Werning told Gray that Gotsis said she has told him not to come in the house and he told her “You just told me to come over.”

Gray also spoke to Gotsis at the hospital, he testified. In the bodycam video, Gotsis said she had agreed to babysit Sage.

Gray eventually issued a citation for allowing a vivacious animal to chase or attack a person.

Gotsis acted as her own attorney. She told Gray that Werning admitted that he hit the dog to try to get it off his daughter. Wouldn’t that make a dog want to attack? she asked.

Gray responded that the dog didn’t attack the father. It attacked the daughter.

Werning took the stand and said he was taking his daughter to the Gotsis home so Gotsis could babysit her while Werning went to the bank.

At first he asked Gotsis to come to his house. “She said no, just bring her over to my house,” Werning testified.

“I knocked,” said Werning. “Sage opened the door, and we both walked in.”

“Buddy sniffed me,” said Werning, then the dog turned to the girl and “latched on to her head.”

Werning said Gotsis has babysat Sage before. “I’m right behind her house,” he said. They were neighborly and had a cordial relationship, Werning said. Sage had been to the Gotsis house before, he said.

Kensler asked if Gotsis had sent a text saying “give me 30 minutes to lock up the dog, or anything like that”:

No, said Werning.

Kensler showed Werning photos taken of the victim’s wounds and asked if they were an accurate depiction of the wounds? No, responded Werning, fighting tears. “I couldn’t even begin to tell you what it looked like.”

Werning agreed that the photos were of the injuries is daughter sustained.

Kensler asked Werning to describe what Sage went through following the incident.

“We stayed in the intensive care unit at the University of Iowa for three days,” Werning said. Sage had a fever of 103-106 degrees. She needed therapy and has “all kinds of PTSD from this.”

Kensler asked if the girl has scars. Yes, Werning said.

And surgery? Yes. “For her head,” Werning said.

On cross-examination, Gotsis asked Werning, if, after he asked her to babysit, she hadn’t responded that she and her son were sick and she needed 30 minutes. Werning said no.

Gotsis took the stand in her own defense. She said she and her son were sick and were on the couch when she got the text from Werning. She called Werning and said she needed about 30 minutes, she testified, but a minute later he texted and said Sage was ready and Gotsis should come get her. Then Gotsis heard the door open, and Buddy latched on to Sage.

Gotsis said she held Buddy’s nose, and the dog let go of the girl. Werning tried to get the dog out of the house, but Buddy wouldn’t go, Gotsis testified.

Werning had a neighbor take him and his daughter to the hospital. Gotsis called 911.

“You agree that your dog bit Sage?” Kensler asked. Yes, Gotsis said.

Had Gotsis agreed to baby sit? Yes, she said, but she’s not a day care. Werning shouldn’t have just walked in.

Kensler asked if Gotsis could produce evidence that she had asked Ryan to wait 30 minutes, but she said she couldn’t.

Where is the dog now? asked Kensler.

“The dog is dead,” said Gotsis.

Kensler asked the court, in addition to issuing the fine, to ban the dog from the city limits in the event that the dog isn’t dead.