Washington County committee holds hearing on sheriff's "vicious dog" determination for Winston; no decision yet

The Washington County Public Safety Committee heard testimony Wednesday in a review of a May 19, 2025, sheriff's determination that a dog named Winston is a "vicious dog," but the committee did not announce a final ruling and moved toward deliberation.

The hearing, convened by Committee Chair Supervisor Mike Schwab, reviewed whether Sheriff Martin Schulteis's determination should be affirmed, reversed or modified under Washington County Code '172-13 and Chapter 68 of the Wisconsin Statutes. Assistant county attorney Drew Hallmark presented the sheriff's case; Winston's owner, Crystal Zern, and several witnesses then testified.

The committee heard testimony about three separate incidents involving delivery drivers. Dan Dittman, an Amazon driver, told the panel that on May 18, 2025, he parked on the opposite side of the street, approached a delivery box and was bitten after the dog got in front of him. "I was bit in both legs," Dittman said, and described using a package as a shield; he said the package was pulled from his hands and showed a bite mark.

Deputy Peters of the Washington County Sheriff's Office testified that Zern provided rabies vaccination documentation and that the dog was wearing a shock collar, but Peters said the department's records showed two prior reported bite incidents involving Winston. Deputy Lamach referenced a June 4, 2022, incident and an Aurora HealthCare fax indicating that bite there was "not provoked," and Deputy Russell described another earlier delivery-driver bite that required hospital treatment.

Assistant county attorney Drew Hallmark argued the incidents met the county ordinance definition of a vicious dog. Hallmark told the committee Winston met the standard in subparagraph (a)(1) because of a "propensity, tendency, or disposition to attack" and under subparagraph (a)(2) because the dog attacked "without provocation." Hallmark said the sheriff was not seeking euthanasia but asked the committee to order remedies in '172-13(b)(1)'(6), including muzzle or leash requirements off property, confinement within an approved fence and proof of liability insurance.

Zern, who identified herself as Winston's owner and described him as a five-year-old rescue dog, disputed that the dog is generally aggressive. She said Winston has no history of aggression toward neighbors, children or other visitors and described steps taken to reduce risk: special delivery instructions in her Amazon account, purchase of a delivery box placed outside the dog's underground fence range, use of an invisible fence and plans to install a six-foot physical fence. "I don't believe I have a vicious dog. He is the sweetest thing," Zern said in closing.

The committee heard disputed accounts about driver behavior at the scene. Zern and her husband, Jason Zern, said drivers in two incidents swung a clipboard or package in a way they contend provoked Winston. Hallmark and sheriff's witnesses said the drivers were not provoked and that Winston crossed his underground boundary and ignored a shock collar in at least one case.

Witnesses and counsel agreed evidence rules were relaxed for the administrative hearing; the chair said the committee would consider relevancy objections as testimony was introduced. The committee did not reach a final determination during the public portion of the hearing and discussed whether to move into closed session to deliberate. The chair said the parties would receive a written decision no later than 20 days after the hearing.

The committee heard extensive factual testimony but took no formal vote on the sheriff's determination during the session covered by this transcript. The committee indicated it would deliberate and either affirm, reverse or modify the sheriff's determination in a written decision to follow.