SCHERTZ, Texas -- Stephanie Osmers is fighting to get her 11-month-old dog back. Her dog Montana is a Lab mix she rescued six months ago. Montana has been in a kennel inside a veterinarian office for the past two weeks. Back on Thursday, December 6th Montana bit City Manger John Kessel on his pinky finger.
"I asked, 'What happened?' He goes, 'It bit me.' And I was shocked," said Osmers.
Osmers said she was talking with a group of neighbors outside, and she had Montana on a leash. Osmers went on to say city manager Kessel approached the group, and she did not know who he was.
"The gentleman put his hand out and Montana jumped up," added Osmers.
By law Montana had to be quarantined for ten days. Osmers was also ordered to go before a judge for a dangerous dog hearing.
"I appeared in good faith thinking that I would get cited and a warning," said Osmers.
Instead, that dangerous dog hearing was delayed, and Osmers appeared again in municipal court Thursday afternoon. Osmers attorney Rocky Bromley says he's worked on many dog cases, and never has he seen anything like this.
"They've subpoenaed her neighbors. They've subpoenaed her vet. They've maintained quarantine on the dog beyond the required ten days. I don't know what the motive is behind this, but it's clearly is an abuse of power," said Bromley.
David Harris, a spokesperson for the City of Schertz, says the city is just following protocol.
"When a complaint is filed by any person, resident or non resident, about an animal -- we're obligated to investigate, and that's where we're at right now," said Harris.
Osmers left Schertz Municipal Court in tears Thursday afternoon after the judge decided to take himself off the case. An outside judge will be left to determine if Montana is dangerous.
Osmers attorney Rocky Bromley says because Christmas is next week a judge may not be able to hear the case until next year. Montana remains quarantined inside a vets office.
Osmers says she's never bitten anyone else before. She adopted Montana six months ago, and says her dog has been her companion and her support. Osmers said she recently lost her father, and Montana has been her comfort.