Partial Terms of the Settlement Include:

1.  The PA Fish and Boat Commission has agreed not to reissue the commission and continue employment of Mr. Wishard based in part on the information uncovered by Ms. Eng that while a Wildlife Conservation Officer Trainee with the PA Game Commission he was dismissed from the program.
    Mr. Wishard, as set forth in a letter from Peter A. Colangelo, Executive Director of the PA Fish and Boat Commission states that while he was with the Game Commission, "exhibited a pattern of unprofessional behavior involving several documented instances of untruthfulness, poor attitude, failure to follow orders or instructions, excessive use of profanity, and poor interpersonal relations."
    It was also confirmed that he had been reprimanded for repeatedly shooting at the heads of his targets while on the firing range.

2.  In accordance with 3 P.S. Section 459-1101 whereby the owner of an illegally killed animal may recover the "value" of the dog, Ms. Eng will be paid an estimated amount equal to the price of a puppy with a similar pedigree.
    It is important to note however, that no compensation was recognized by the PA Fish and Boat Commission for the level of obedience training Martha had accomplished as a competition animal having earned Companion Dog Excellent (C.D.X.) status awarded by the American Kennel Club.

3.  Only after Mr. Wishard's Game Commission past was revealed did he and the PA Fish and Boat Commission offer apologies.  These were submitted fourteen months after the incident had occurred and only because they were part of the settlement requirements.  Mr. Colangelo has refused a requested audience with Ms. Eng who wishes to personally address this situation with the PA Fish and Boat Commission.

4.  The PA Fish and Boar Commission has agreed to require that volunteer, non paid Deputy Waterways Conservation Officers, in addition to their lethal weapons training, be instructed in the use of non lethal forms of personal protection such as pepper spray, mace, and batons.  This equipment is already standard issue and required to be carried by paid Waterways Conservation Officers.  It will also be mandatory for Deputies.

5.  Dog behavioral orientation will be instilled as a part of the WCO and DWCO training programs to prepare them properly for possible canine encounters in the field.  Hopefully, this instruction will be sought from qualified dog trainers.

6.  Special dog access areas at Coyler Lake and other PA Fish and  Boat Commission properties are being considered to parallel the recently passed ordinances that dictate what dog owners may do with their canines on publicly funded PA Fish and Boat Commission facilities.
 

To All Who Have Been Following this Story:

It was my wish for Martha to have her day in court.  After a year and a half of investigation and litigation by myself and my attorney, Scott C. Etter,  we have brought the case to a point where it could go to trial and confidently challenge the PA Fish and Boat Commission and Jacob Wishard on their ridiculous allegations.  We are prepared in every way to prove that not only did Martha NOT bite Wishard, but also I was endangered by his reckless display of firepower.  We are also ready to contest the issues that I was unfairly prosecuted in the immediate aftermath of the shooting by the PA Fish and Boat Commission and that defamatory statements about the behavior  of all my dogs were made.

Unfortunately the PA Fish and Boat Commission and Wishard are protected by PA Tort Immunity Laws which shield government agencies from any liability of all these type of matters.  My best option at this point was to pursue some sort of settlement, the terms of which you have just read.

I want people, especially those at the PA Fish and Boat Commission, to know that this was not a dangerous dog situation.  Martha and my other dogs were well behaved, highly trained, very social animals.  She is dead, not because of anything she did, but because of carelessness in hiring and training by the PA Fish and Boat Commission.  Some of these problems have been addressed in the settlement, some have not.

New regulations concerning PA Fish and Boat Commission waters have been enacted because of this tragedy.  Dog owners of Pennsylvania will now be penalized because of the problems within the PA Fish and Boat Commission.  Where before you could take your dogs to Coyler Lake to swim and exercise, now you are limited to two dogs, on lead.  They may only be in the water if they are doing an actual retrieval.

I have not given up my fight for justice.  I will be working with local and state legislators in an  attempt to re-open the PA Fish and Boat Commission waters to responsible dog owners.  My immediate goal now is to meet personally with Peter A. Colangelo, Executive Director of the PA Fish and Boat Commission, as there has been too  much of a lack of communication and willingness on their part to  hear me.  He is a public servant and his door should be OPEN.  His refusal to see me further reinforces my opinion of this organization.

Your responses in the past surely have made a difference in this case.  Please help me to be heard by contacting the following people to voice your continued concerns.  Together we can make a difference for dogs in Pennsylvania and give some meaning to the death of Martha, an innocent dog.
 

                                                                Most Sincerely,
 

                                                                Melanie D. Eng
 
 

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