BUFFALO, N.Y. — A battle that has consumed Lancaster for over a month now is continuing to escalate and it all surrounds a service dog named Bandit.
Bandit’s owner Joshua Gilley suffered a traumatic brain injury in a car accident a decade ago that left him experiencing seizures. Bandit, a 4-year-old Alaskan Malamute, has been his solution, as the dog will nudge Gilley when experiences seizures, lays underneath him when he falls to soften the blow and presses on his chest. He can even drag him to bed.
But after Bandit allegedly bit a neighbor last month, he was taken away and has not been able to help Gilley the same.
“Whatever is worse than a nightmare, that's what my clients living through,” Gilley’s attorney Matthew Albert said. “The seizures he's been having, he's been injured getting injured because he's falling face first on the floor and his 65-year-old mother is now responsible for helping him get up the stairs, whereas that was Bandit’s job. He is at grave risk of serious injury or death.”
On June 28, Bandit escaped from Gilley’s house, went to a neighbor’s home and allegedly attacked a woman, who has asked that we not report her name, prompting her partner with the Village of Lancaster to file a dangerous dog complaint, leading to the seizure of Bandit by Lancaster Animal Control where he’s remained for 40 days.
Durkin declined to go on camera or offer a statement for this story.
2 On Your Side also attempted to contact Lancaster Dog Control, but was unable to reach them.
The legal battle has been almost as complicated as the situation itself with the case now in the hands of the Town of Lancaster after both judges in the Village of Lancaster had to reclude themselves due to their relationship with the victim, which one of them did not disclose until 30 days into the process.
Additionally, under state law, a dangerous dog hearing has to be held within five days of filing a complaint, which is why Gilley has filed a motion to dismiss the charges altogether.
“We don't believe that, at this point. the Town of Lancaster has any jurisdiction,” Albert said. “The town and the village should both be procedurally barred from pursuing these charges against my client. They've run out of time to do so.”
On Wednesday, August 16 at 9:30 am, Supreme Court Justice Lynn Keane will decide whether to dismiss the charges against Mr. Gilley and the return of his dog. Albert says his client is not seeking any monetary payment, but solely the return of his dog.