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Kevin S. Riechelson, Esq., Managing Attorney for the Trenton office of the law firm of Garces & Grabler, P.C. obtained an insurance settlement of $250,000 (plus $50,000 for medical bills and lost wages) on behalf of Giovanni Rivera. Mr. Rivera, age 42, was a member of a landscaping crew that was hired to work at the Princeton Township estate of Guy and Elizabeth James in June 2007. The crew was told to arrive early because there was going to be a party that day. Mr. James denied that he made such a request. When the men arrived at the estate, they were told to stay in the car so the owners 6 German Shepherds could be taken to the back and fed. After waiting in the car for about 15 minutes, the men began to get out of the car. As they were attempting to start their work, the dogs came around the side of the house toward the landscapers. Congo, the largest of the dogs, then attacked Mr. Rivera. Congo’s four younger pups joined in the attack and Mr. Rivera was bitten from his legs to the top of his head, and sustained serious injuries that eventually required surgery. Mrs. James was unable to control the dogs, and they did not stop their attack until Mr. James came outside. Mr. Rivera received 65 rabies shots and underwent a 3 hour operation for a large open wound on his leg. He was hospitalized for five days. In October 2007, the James’ homeowner’s insurance company agreed to settle the case for $250,000.00 for Mr. Rivera’s pain, suffering and permanent injuries. They paid an additional $50,000 towards his medical bills and lost wages.

Since this case did not go to trial, it remained “under the radar” for many months, receiving little publicity outside of Mercer County. However, during this time, Congo and the other dogs were impounded because Princeton Township Animal Control Officer Mark Johnson declared them “vicious”. The James’ disputed this categorization. In the case of State v. James, Judge Russell W. Annich, Jr. ruled on October 30, 2007 that Congo indeed was vicious, the attack was unprovoked by the victim and that Congo must be “put down” under New Jersey law. When the decision was rendered and the James’ subsequently appealed to the Superior Court in Trenton, that is when the case began to receive not only statewide – but national and international notoriety. The story was first picked up by radio station 101.5, the Trentonian and Trenton Times. Local television stations in N.Y. and Philadelphia next picked up the story, and it was eventually covered by Fox and Friends, ABC World New Tonight and Good Morning America. After the story was reported by the New York Times, Newark Star Ledger, the Drudge Report and A.P., it started to appear in newspapers throughout the country and internationally.

As the story also began appearing on news websites, there was speculation by commentators and bloggers that Mr. Rivera was an illegal alien. At that time, immigration was a “hot button” topic because President Bush had recently proposed a “pathway to citizenship” for aliens who entered the country illegally but had proven to be exemplary residents of high character. When bloggers became aware of the story, most vilified Mr. Rivera, referring to him as a Mexican (he was a citizen of Honduras) while making statements such as “the dog deserves an award” and “one less Mexican is a boost to society”. State Assemblyman Neil M. Cohen (D-Union) proposed legislation, which he dubbed “Congo’s Law”, that would change the law in New Jersey in such a way to make it more difficult to order dogs be put down under such circumstances. (The proposed legislation passed in the State Assembly but was voted down in the State Senate).