Plea negotiations appear to be underway between prosecutors and a couple whose dog is accused of attacking and seriously injuring an Puna woman May 27 on the victim’s property.
Frederick Kassebeer, 52, and his wife, Kazzy Kassebeer, pleaded not guilty Tuesday in Hilo Circuit Court to charges of negligent failure to control a dangerous dog, a Class C felony that carries a potential five-year prison term and up to a $10,000 fine, and permitting a dog to stray, a violation which carries only a fine.
The Kassebeers were indicted July 5 by a Hilo grand jury. Frederick Kassebeer had already been charged with the offenses via criminal complaint in Hilo District Court and was scheduled for a preliminary hearing on July 20.
The indictment moves the case to Circuit Court and renders the preliminary hearing unnecessary. Kazzy Kassebeer had not been charged in the case prior to the indictment.
The victim is 32-year-old Amber Clausen, a neighbor to the Kassebeers’ Ainaloa Estates property. Clausen was described in a GoFundMe page, since closed, as “a devoted animal caregiver who selflessly gives her time and energy to animals in need.”
The attack left Clausen with both arms broken and multiple puncture wounds and lacerations, police said. Clausen’s 52-year-old mother suffered injuries less severe than her daughter’s, according to police.
A neighbor intervened and was able to get the dog off Clausen and secure it to a fence post. The Good Samaritan put Clausen in the bed of his pickup and drove her to the Pahoa Fire Station, where medics took over and transferred her by ambulance to Hilo Medical Center.
According to the indictment, the Kassebeers “did negligently fail to take reasonable measures to prevent” their dog, Zen, from attacking Clausen “without provocation.”
Clausen posted on Facebook on June 14 that she was out of the hospital but still in need of assistance.
“I will be out of work for a few months as I’m a pet sitter,” Clausen posted. “So any help with the Walmart wish list would be appreciated as my own animals still need to eat.
“Plus the supplies to take care of my wounds due to the daily bandage change.”
Those wishing to help Clausen can do so online at bit.ly/3XJIv9P. Cards can be sent to Clausen at RR Box 1577, Pahoa, HI 96778. Her PayPal account is paypal amberclausen@hotmail.com.
Attorneys for the couple, Stanton Oshiro for Kazzy Kassebeer and William Harrison for Frederick Kassebeer, requested Hilo Circuit Judge Peter Kubota set a “further proceedings” hearing instead of a trial date in the case.
“Your attorneys want some time to gather the documents, talk with you folks, and possibly work something out with the state,” Kubota told the Kassebeers.
Kubota set a hearing for 8 a.m. Sept. 29 and maintained bail for the couple at $2,000 each.
The Kassebeers — who, according to Oshiro, live on Oahu — are both free on bail.
Kubota told the Kassebeers bail conditions include “no contact, threats or harm” to Clausen.
“For the record, we don’t have any objection to no threats or harm, but they’re actually friends with (Clausen). So, the ‘no contact’ is superfluous,” Oshiro told the judge.
“There’s a need for contact?” Kubota asked.
“They’re friends, so they talk. I mean, they converse, they socialize together,” Oshiro replied.
“All right,” said the judge. “State, any problem with just contact?”
“Yeah, the state only asked for no threats or harm,” said Deputy Prosecutor Haaheo Kahoohalahala.
“All right. That’s not a problem, then,” Kubota replied, and didn’t impose the “no contact” provision.
Turning to Oshiro, Kubota inquired, “So, where is the dog in question now?”
“It’s with Animal Control,” Oshiro answered.
The dangerous dog charge the Kassebeers face came about because of Bill 125, introduced by Puna Councilwoman Ashley Kierkiewicz and passed into law in April 2022. Kierkiewicz introduced the bill after an 85-year-old woman, Dolores Oskins, was fatally wounded in an attack by three unrestrained dogs belonging to a neighbor.
Oskins died in Hilo Medical Center 24 days later.
It’s believed the Kassebeers’ case is the first to be prosecuted under the new county ordinance.
Email John Burnett at jburnett@hawaiitribune-herald.com.