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GORHAM – A Massachusetts court Monday approved an agreement that prevented destroying a female pit bull accused of attacking other dogs, and ordered the dog out of town – to Gorham.

The agreement approved in Milford District Court stipulates relocating the 6-year-old dog to Gorham with its new owner, Rachelle O’Handley, and that the dog never return to Milford. The deal gives Roxy, who had been ordered euthanized by selectmen in Milford in a meeting June 4, a renewed chance to live.

The district court document said O’Handley resided at 772 Gray Road in Gorham. But Gorham Police Chief Ronald Shepard said Wednesday a Gorham officer had been unable to locate O’Handley or the dog at that address, which is in the Little Falls residential neighborhood, on Tuesday.

Shepard said Gorham police would continue checking the town for the brindle-colored dog.

O’Handley could not be reached for comment by the American Journal’s deadline Wednesday.

The Milford town administrator, Louis Celozzi, notified Gorham Town Manager David Cole about the matter in a letter this week.

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“I wish to advise you of a recent court action which officials in your community should be aware of. The court ruled that the petitioner, Rachelle O’Handley, will be permitted to take possession of the pit bull terrier Roxy and be allowed to immediately remove Roxy from the town of Milford and the Commonwealth of Massachusetts to her residence in Gorham, Maine,” Celozzi wrote on Tuesday.

“It has been noted that Roxy is not known to be aggressive towards people but is extremely aggressive towards other animals. You should be aware that to our knowledge, Roxy is being taken to Ms. O’Handley’s premises on Gray Road in Gorham,” Celozzi wrote.

Roxy has a history of attacking other dogs, according to a Milford District Court official. But, the dog’s owner filed a court appeal, and Monday the court approved the plan saving the dog’s life. The town of Milford and O’Handley, who agreed to take the dog to Gorham, worked out the proposal presented to the court.

The animal control officer in Milford, Mass., did not respond to repeated telephone messages left Tuesday and Wednesday seeking comment.

Sean Murphy, assistant court magistrate, said Tuesday the written agreement saving the dog’s life also included paying a $50 civil assessment. The court accepted the agreement as an order, Murphy said.

Murphy said he wouldn’t have approved the agreement that allowed the dog to be moved to Gorham if Roxy had a history of biting people.

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Roxy’s new home in Gorham is “a big piece of land where it can roam,” according to Murphy, who signed the court order.

Gorham Town Clerk Connie Loughran said a dog relocating from another state would have to be licensed in Maine within 10 days. Roxie had not been registered in Gorham by Wednesday.

A spokeswoman in the town clerk’s office in Milford said Roxy’s registered owner was Daniel Peniche. Peniche could not be reached for comment this week.

The Commonwealth of Massachusetts court document June 25 said that O’Handley and Peniche were co-owners of Roxy, and that O’Handley resides at 772 Gray Road in Gorham.

The court document said, “The subject order of the Board of Selectmen was the culmination of incidents wherein the pit bull terrier Roxy did attack other animals with the most recent event on May 14, 2012, wherein during the course of an attack upon another dog, the person handling that dog was bitten.”

According to a town of Milford document, the man, who intervened to protect his dog, was bitten on a hand but did not require “hospital or medical treatment.” The man’s dog, a female border collie, was bitten on a paw and required veterinary treatment costing $330.

Earlier, Roxy had been under an order by Milford selectmen to be muzzled when outside.

Roxy the dog (Courtesy photo)

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