Dog Owner Charged with Second-Degree Murder & Manslaughter
Emma Hernandez, 9-years old, was killed by three pit bulls in southwest Detroit.
Dog Owner Charged
UPDATE 08/22/19: The owner of three pit bulls that brutally killed a 9-year old girl in southwest Detroit Monday has been charged with murder, the Wayne County Prosecutor's Office said. Pierre Cleveland, 33, has been charged with second-degree murder, involuntary manslaughter and possessing dangerous animals causing death. He was arraigned Thursday. Magistrate Millicent Sherman ordered a $2 million bond with no 10 percent, exceeding the prosecution's request.
Cleveland's defense attorney argued that he deserved a reasonable bond and was not a flight risk because two weeks before the attack, three fingers on his right hand were severed in a work-related accident; he is a machinist. Cleveland also has no felonies in his past. Prosecutors countered by asking for a high cash bond. Prosecutors stated that Cleveland knew his dogs were aggressive and that his backyard was not secure. Prosecutors said the evidence will show:
- "The defendant was harboring dogs he knew to be vicious; he knew to be aggressive."
- "The defendant knew a week prior to his dogs killing Emma Hernandez, one of his dogs killed a puppy in his home."
- The defendant knew that his dogs" fought with each other in his home."
- The defendant knew that "one of the dogs killed multiple puppies on July 29, 2019" just two weeks before they fatally mauled Emma.
- "On August 19, 2019 of this year, that Cleveland left those dogs he knew to be aggressive, he knew to be vicious, unrestrained and alone in a backyard that he knew was not secure."
- "The evidence will show those dogs had escaped multiple times, even a week prior" to killing Emma Hernandez.
Michigan Law & What's Next
Under Michigan law -- one of the few states with a felony dog attack law -- prosecutors should be able to prove the involuntary manslaughter charge with the evidence just stated. Proving the second-degree murder charge is much more difficult. As we saw during the Geneke Lyons case, the judge threw out that charge during the trial, stating that prosecution had failed to provide sufficient evidence for the higher charge. The preliminary exam is scheduled for September 6.
Pierre Cleveland later admitted that his nursing female pit bull was aggressive towards people.
08/20/19: Community, Family Mourn Loss
The Wayne County Medical Examiner's Office identified the victim as Emma Hernandez. She died of multiple injuries and her death was ruled an accident. On Monday afternoon, three pit bulls viciously attacked the little girl in an alley behind her Detroit home while she was riding her bike. She was transported to Children's Hospital of Michigan, where she was pronounced dead. The owner of the pit bulls, a 33-year old male, was taken into custody after the violent attack.
Neighbors rushed to help the little girl, including Edward Cruz, who threw a brick at the dogs causing them to scatter. Another bystander started firing on the dogs. One pit bull was struck by a bullet, but survived. Detroit Deputy Fire Commissioner Dave Fornell said, "We were performing EMS under gunfire" while at the scene. Just hours after the deadly attack, Fornell said that some of the first responding firefighters and EMS personnel were receiving trauma counseling.
"I came out of the house and you could hear the screaming, people screaming 'Oh my God, oh my God.'" - Neighbor Deborah Golden
The girl's father, Armando Hernandez, told WWJ that he tried to do everything he could to save her. "I tried my best. I tried CPR, I tried helping her ⊠She was gone when I reached her," Hernandez said. He recently warned the owner of the dogs that his fence was too flimsy to hold the dogs. "I knew the dogs were there. I knew the neighbor. We had an argument about it just last week and he just didn't take care of his dogs properly. He could have prevented this," he said.
Hernandez said that in November 2017, police came out and made a report about the dogs, but never followed up on it. "The dogs stayed there loose, wild, and the guy didn't feed them," he said. Now he is a heartbroken father. "There's no words. I feel so empty. I don't know what to do. I'm really heartbroken right now," Hernandez said. "Just over and over, I keep replaying it. I couldn't sleep. I haven't slept. Just, every time I close my eyes, man, I see my baby girl," he said.
Police Chief James Craig gave a press conference today. He stated in part: "A 9-year old was attacked by a number of pit bulls ... As disgusting as the fact that this owner of these dogs should be held accountable, I am happy to report that he has been arrested ... How many more times? When you hear these stories about some of these pit bulls. I think of the image of the postal employee ... Here we are sitting here talking about a child, and a family. Did it have to happen?"
"Certainly the owner has a responsibility when they have violent animals that those animals are to be secure at all times." - Police Chief James Craig
Holding the dog owner accountable in Wayne County, however, means little. After a pack of pit bulls belonging to Geneke Lyons killed 4-year old Xavier Strickland on Detroit's west side in 2015, he was convicted on two felony counts: involuntary manslaughter and possessing dangerous animals causing death. Judge James Callahan sentenced him to only 5-years probation with a year in "work release" jail. The sentence was below the minimum guidelines of 19 to 38 months.
08/19/19: Pit Bulls Kill Child in Detroit
Detroit, MI - On Monday, about 4:00 pm, a 9-year old girl was severely mauled by three dogs near the intersection of Central Avenue and Smart Street on Detroit's west side. Multiple news outlets report the attacking dogs were pit bulls. A neighbor shot one of the dogs, according to Detroit Fire. The child had been walking through an alley when the dogs escaped a nearby home and attacked her. She was rushed to Children's Hospital of Michigan, where she was pronounced dead.
Reporter Jermont Terry spoke to Edward Cruz at the scene, who tried to save the girl. "There was screaming and yelling," he said. "My mom was screaming, 'Help! Help!' I came outside and decided to help." I saw "three dogs attacking a child, biting her, chewing her, attacking her, mauling her, whatever you guys call it. It was just tearing her apart." Cruz grabbed a brick and threw it at the pit bulls and they fled. Shaken, Cruz wishes he could have gotten there sooner.
Evening Updates
The Detroit Free Press reports that the owner of the dogs that killed the child, a 33-year old man, was taken into custody in the hours following the attack. Detroit Deputy Fire Commissioner Dave Fornell told the Free Press, "When we first got on the scene, the girl was laying in the alley, and her father was performing CPR. Our first arriving unit jumped in and started CPR. At that point, the neighbors were shooting at the dogs. We were performing EMS under gunfire," Fornell said.
One of the attacking dogs was struck by the gunfire. Another person threw a brick at the dogs to stop the attack, Detroit Police Cpl. Dan Donakowski said. Paramedics continued CPR in the ambulance while en route to Children's Hospital of Michigan. She was pronounced dead after she arrived, Fornell said. The little girl "suffered severe traumatic injuries," Fornell said. Police have not released the identity of the child. Donakowski described all three attacking dogs as pit bulls.
WXYZ interviewed neighbor Deborah Golden who also tried to help the girl. "I seen the little girl flat on her back with bite marks and part of her neck hanging off. I started CPR and I had her dad grab her neck and hold it," Golden said. As she started CPR she instructed one of the victim's relatives to use a tee shirt to stop the blood until paramedics arrived at the scene. "Youâre not going to wait even a second," she told The Detroit News. WXYZ reports the victim is Hispanic.
ClickOnDetroit reports that someone threw a flammable object at the dog owner's home after the horrific attack. So Detroit Fire had to return to the home. Tensions are high in the neighborhood.
An emotional Edward Cruz, who tried to save the child, talks to a ClickOnDetroit reporter.
Neighbors are "wrecked" and devastated after seeing three pit bulls kill a little girl in Detroit. Three days later, we learned that the man on the right is Pierre Cleveland, the dogsâ owner.
Graphic Medical study: Pitbull Mauling Deaths in Detroit, by Cheryl L. Loewe MD et al., The American Journal of Forensic Medicine and Pathology, Vol 28, December 2007.
View the DogsBite.org Google State Map: Michigan Fatal Pit Bull Attacks.Related articles:
07/20/16: 2016 Dog Bite Fatality: Family Pit Bull Kills 71-Year Old Woman in Southwest Detroit
06/30/16: Criminal Trial: Detroit Pit Bull Owner Convicted on Two Counts of Manslaughter...
01/07/16: 2015 Dog Bite Fatality: 4-Year Old Boy Savagely Killed by Four Pit Bulls in Detroit
09/15/15: Detroit Man Suffers Catastrophic Injuries in Violent Pack Attack by Pit Bulls
Law enforcement departments across the United States should release consistent "baseline" information to the media and the public after each fatal dog mauling, including these items.
“The dogs escaped a nearby home.” Same old story. I can not imagine why people are on the street undefended, and why people let their children be on the street undefended. It boggles my mind each and every time I see this. Attention all Americans: It is Not safe for undefended persons to be on the street!
Only when the General Population is sufficiently defended, will this scourge be exterminated. Then it will be safe for any person to step onto the hostile surface of this (currently) attack animal ravaged nation of ours. The government can never be the solution to this problem. In fact, the government forcibly enables this constant threat that exists anywhere people step outdoors.
Only a few deaths per year? How many severe maulings per year? Close to a million.
I have to take a bit of an issue here with your statement, Richard, unless I’ve misconstrued it.
With three pitbulls, it wouldn’t matter if the child was with an older child, or her parents. We can’tparents and kids for these attacks. Nothing was going to stop those dogs. They went into fight/prey mode and the child was murdered.
A six year old child is old enough to be outside on their own block.
I know this is a bit off-topic but I will explain how it does relate.
Ever notice why in countries with Universal Healthcare most of them have started instituting pitbull bans? There’s a reason. Statistics of expenditures for healthcare are kept and the savaging of people and patching up pitbull victims is very costly. Years and years of surgeries, medications, often disability payments–and when millions of tax dollars are involved in something so preventable by BSL…people are far more inclined to see why the dogs must be banned.
Since the pets-before-people nutters can’t seem to see past their own self-interest and the pitbull nutters are the extreme end of the spectrum, showing them the deficit in their pocketbook seems to provide some solutions.
As well, ALL dog owners need to stop their dogs from fence lunging. That’s always a sign that trouble is on its way, sooner rather than later.
Another preventable child slaughter. I’m not surprised the neighbourhood is on the verge of blowing a gasket.
I don’t know about “Ever notice why in countries with Universal Healthcare most of them have started instituting pitbull bans?”
Canada doesn’t just allow pits they pay to fly surplus shelter pits, the pits that even pitiots don’t want,in to the country. In the UK you can have a pit if you claim it is a staffordshire terrier.
I absolutely agree that owners should stop fence lunging. No one would tolerate a person that ran up to the edge of the fence and shouted “I’m going to f you up!!” at every person that walked by. That is what every fence lunging, chain stretching,invisible fence deploying dog is saying.
Ever went to get in your car in a parking lot and nearly have a heart attack when a dog lunges at the window of the car next to you? Or even worse jumps up from the bed of a pick up? Again swap out that dog for Mr. “I’m gonna f you up!” The person would leave in cuffs.
At least it is less socially acceptable to leave your dog in a parked car now. That has nothing to do with human welfare. Everyone is convinced that Mr.Pupperwoofles will get heat stroke when it is 70 degrees outside and will film themselves breaking your window so they can put it on youtube.
I agree Dr. Duke, there’s been a big kerfuffle in BC about pit nutter shelters taking on American pitbulls, two of which mangled people in the past few months. They don’t have BSL there, yet.
There was also a kerfuffle here where pits were being sent by the Ontario Humane societies, down to Quebec and getting sled dogs etc. in return. Now Quebec is looking at a pitbull ban due to rising problems with them. Not all provinces have the same rules, my friend đ
My point about healthcare is that 1) when it’s universal, there tends to be tracking of what gets paid, for and 2) The costs of repairing the damage tends to come into the BSL debate because everyone doesn’t want to pay for the idiots whose pitbulls are costing them millions of dollars in reconstructive surgery–that tends to work against the “we have our right to horrible dogs” argument. Something to consider.
I have a serious problem with owners who somehow think their dogs are exempt from basic social interactions.
I totally agree with the car window lunging madness. Ofttimes, I’m expecting them to sail out the window at high speeds to attack me or my dog when we’re crossing the street. I fail to understand how it’s not ticketed as a driving hazard. Likely the same dogs that try to eat you through the window in the parking lot. Heart failure, central, that.
CORRECTION: It is Manitoba that’s been accepting pitbulls from the USA. They can just drive them up as there’s miles and miles of undefended border in the province. No planes needed đ
Also, I’d suspect that in the prairie provinces, because of the vastness and impossibility to police…there may be dogfighting still occurring in some provinces which may be why those areas tend to obstruct BSL.
The news reports say the dogs “somehow ” got loose. There is no enclosure that is secure enough to make someone safe around those nasty dogs. Poor child just playing outside in the summer and ended up suffering and losing her life. So it’s being blamed on a dog fighting ring, why, because pet and shelter pit bulls never kill anyone, right? How many more people and animals are going to die before people take this situation seriously?
Quote snip: “…There is no enclosure that is secure enough to make someone safe around those nasty dogs. …” I agree. 1622 Cederwood Drive, white picket fence with two Nordic mixes that raise Cain when anyone walks past with their dog: I directly witnessed, after walking past 10,000 times past the aforementioned point, one Nordic mix push out one picket slat when a young girl walked past with her dog. I reported this to non-emergency police. A few hours later, the fence was repaired, you can see a stove bolt head where to removed slat was re-fastened. There are several such slats on this particular fence, and many other slats that have Not been repaired. 15 times? 20 more times? How many more times? The threat is real. Repeated at large dog offenders are allowed to keep re-offending. Nothing Ever Gets Done!
This breaks my heart. I was born in Royal Oak back in the day. I grew up in Rochester and I don’t remember any pit bulls. I was bit by a beagle and a little dog who were on my paper route. My neighbor had a little yappy dog and the other a beautiful irish setter. I just can’t imagine growing up with these dogs in my neighborhood. She should be able to play outside and walk through the alley. She was plenty old enough and she was doing what normal kids do. I can’t imagine what she suffered. Then the neighbors who tried to help. God be with them all, this will not go away. My sister lives in the area still and says everyone has a pit bull nowadays. What are people thinking? My apartments have no breed restrictions. I fear the time a child will be hurt here because of that. Lots of rescues. Poor baby girl. RIP little one
Ah, yes. The rescues.
To which I say: How can the rest of us be rescued from these rescues?
We live about 70 miles north of this area, so this incident is on the news alot today, and just saw an interview with the neighbor who threw the brick at the dog , he said “I can’t understand why these dogs would do this, they were gentle dogs, I don’t know why they “turned”. Well, that’s the thing with pit bull dogs, they’re okay, until they’re not, and no one knows when that will happen. I think the only hope to start to get rid of this menace is financial and criminal penalties against shelters that adopt out dangerous dogs and more “Darwin dogs” that kill the owners that love these evil nasty dogs. I’m guessing any civil litigation against the recent detroit arrack will go nowhere, my guess is they’re renters, and usually the landlord isn’t responsible for damages.
Landlords can be held responsible. I know of a Tucson case where the landlord’s homeowner insurance policy was held responsible. To the tune of $500k.
This is, unfortunately, a typical pit bull attack. They see something, they get to it…in this case a 9 year old…and they attack and kill it. Please tell me that these 3 pit bulls will be euthanized immediately! When was the last time anyone was killed by 3 chihuahuas??? They may bite more, but pit bulls KILL.
Pit owners- ruining life for everyone around them since pit bulls.
Aye and there’s the rub.
A dog should be able to break a leash or sneak out of a fence *and still be safe to be around* until captured, because sometimes, especially with young dogs.
And you’re absolutely on the nose there, pardon le pun.
Half a dozen people with PTSD and a neighbourhood and whole family in mourning because some selfish git thought he was entitled to own a pack furry murder machines without even basic dog management skills.
It seems that this beautiful little girl who lost her life to three pit bulls running at large may have also lived with a pit bull type dogs at home. Her motherâs Facebook page shows photos of their dog which she refers to as an American Bully, a pit bull cross. I feel enormous sorrow that these dogs have such a hold on American families. The neighbors who responded to help look traumatized. How could one ever forget the sight of a beautiful nine yr old girl being murdered by relentless dogs in the afternoon, outdoors, while playing near her home? The two men who came to her aid and saw this slaughter are Victims too. The screams, the sight of her struggle, her injuries, her blood are part of their memories now. There is no going back now, regret is a life sentence but for this innocent child itâs a death sentence. I hope her family gets rid of their pit bull mix.
The ‘my dog would never do this’ mentality is what has brought dog maulings into main street USA (and the world, for that matter). As has been said over and over, these dogs are friendly, until they are not. It is not how they are raised, or kept, it is what they are! My thoughts and prayers are with all of these victims.
These kinds of deaths should not be ruled âaccidental.â There is nothing accidental about a pit bull killing.
This should be a homicide in that these dogs were intentionally kept in an inadequate enclosure.
He got homicide charges! Letâs hope these stick and this family gets justice. These cases need to start setting a precedent in the courts.
A friend had a pit bull they trusted. It was their handicapped daughters companion. One day they came home from work and their trusted pit bull had savagely killed their little dog and two cats.
They said blood was everywhere. It was like Charles Manson, Helter Skelter.
Something set it off and it didnât stop until every living creature was dead.
I hope they didn’t trust the stupid thing with their child after that!
Here’s what I don’t get.
Why a pitbull, in the first place? Depending on the child’s disability…why not a poodle (very clever can do lots of helpful things), a Beagle companion, or a Labrador? Or even a friendly, good temperament, mongrel?
What on earth did the parents think they were going to get out of a pitbull that another breed of dog could not provide 100%, more of?
What on earth made them think that a pitbull, other than committing mass pet slaughter, was going to be good for?
Quote snip: “Something set it off…”
What set it off was its genes. Its nature. By breeding, via artificial selection, purposely for that stated purpose. Intrinsically, it is a dangerous deadly animal.
One problem is that that only intelligent, rational people that are capable of conducting an honest appraisal realize that they are sometimes unpredictable killers. If they were always predictably displaying aggressive behavior, they would have been banned a long time ago. So, we are currently stuck with animals loose in our streets that are merely sometimes unpredictably dangerous killer animals, that at the bare minimum, need to be positively, physically controlled continuously, at all times; or much better, simply banned from civilized society.
Thank you for posting the detailed update indicating that the dogs owner was charged with second-degree murder, involuntary manslaughter and for having a dangerous animal causing death. I hope that his sentence will serve as a deterrent to prevent any more similar tragedies. I hope that local animal control who knew that the dogs escaped multiple times in the past, but did not seek to have the dogs removed, are also held accountable for their negligence.
I really like how when he knew he was going to get in trouble and get arrested, his concern with saving his own ass by having someone else come and get his marijuana plants. Shows you what does shit for brains cares about. By the way, thatâs him sitting there on the cruiser with the arm wrapped up. When I initially saw these pictures I thought it was some poor neighbor who got bit by the dog trying to save a little girl.
Anyone else wonder if loosing 3 fingers in a “work accident” is a cover for “my dog ate my fingers”?
At least he is getting charged. Here is hoping for a longer sentence than that other MI case you mentioned.
Sadly in most states this would be written off as “a tragic yet unforeseeable accident”.
I did!
My first thought, as well!
He stays in my neighborhood now… is defending his sisters identical behavior with her two pit bulls that have been getting a loose for more than two years. Damn shame, no lesson learned. Both liars. They donât give a damn about who gets hurt!
Accident my ass. You can’t say something is an accident if it is reasonably foreseeable and that a pack of known vicious dogs, know to escape their property could seriously injure or kill someone is absolutely foreseeable.
I think it should be mandatory to show the injuries , show that dead , bloody body , just blur out the face.
People should see the damage these dogs inflict.
You hear this time and time again, retired soldiers who went into law enforcement or became EMTs, say it’s worse than what they saw in the battlefield……LET THAT SINK IN.
I think they should be banned. If not, then all potential pitbull owners should be shown 2 hours of videos of what these dogs can do, be forced to bring their potential dog to at least 6 weeks of training classes and be taught how to break up dog fights and use break sticks, even on their puppy. Then the dog is neutered so they can’t breed any more of them.
Then they should be forced to purchase muzzles and insurance.
After that, they should be forced to sit in a lecture theatre with volunteer victims, talking about, and showing pictures of their wounds.
Let’s see how dedicated they are, after that.
Talking on Facebook is cheap. Confronting the reality of what their sweetums pibble puppy will grow up to be could be a cold splash of wake-the-hell-up.
Let’s also not forget……
When he found out about the killing, the first thing he did was text ( I don’t recall whom, I assume his roommate ) to get rid of his marijuana plants !
That’s how concerned this scumbag was……
These dogs should be banned from city’s all together. They are very evil animals My dog was attacked and myself also by a pit bull. The American people need to do something about these dangerous dogs. The Gov. could put a stop to this if enough people would get together and write to the proper people in Washing. we need a spokesman for the people. STOP PIT BULL ATTACKS NOW NOT LATTER.
An Australian prime minister once called Pit Bulls “crocodiles on legs”, which was a very apt description. Only an idiot would swim in water where there are crocodiles, or let their child swim there…. yet Pit Bulls are invited right into our homes. Weak people are mesmerized by their criminal potential and power.
Recently a detriot free press columnist was on a radio program, and said pit bull bans don’t work, b/c there is a ban in a nearby community, Ecorse, and there are still pit bulls , he feels the ban would be unenforceable. But he also said his parents adopted a stray pit, that’s a real sweetie, so I’m sure there is bias here. How about enforcement of current laws, dog license and rabies vaccine, ? Just to at least start somewhere
Well that reporter needs to do his homework, then. Right on this site (as well as all over the interwebz) are the statistics *proving* that death and maiming by dogs goes down in areas with BSL.
All pibbles are adorable. Until one day, when instinct kicks in…and too many of them, aren’t.
So very sad this little girl was murdered by a pit. Makes me sick. I had no idea about what pit bulls do until me and my 12 lb. poodle mix got attacked twice on walks in the neighborhood by pits. We were very lucky. I googled pit bull attacks and saw what they do. I was never afraid of dogs, but pit bulls are very scary. I’m going to get my concealed carry now.
Itâs sad that so many people trust these dogs. Pit bulls are NOT meant to be pets. The average dog owner isnât capable of handling them and getting a ârescueâ is never a good idea because they were put in the shelter for a reason. A relative of my husband whose name I will not mention has a female âmix breedâ that is most certainly a pit bull. The pit bull actually chewed up and killed their Eskimo dog and yet they still have the dog. I wonât go to her house because Iâm scared of the dog. Especially since the dog was a rescue and deemed fit to be adopted. The only way one of those dogs could be possibly even safe is if they are show quality where they need to be good so as not to attack the other dogs. And even then thereâs no guarantee and you wonât find anything nice in a shelter unless you get lucky and find a beagle hound or something non bully breed. They need to make stronger laws so more innocent people and their loved ones donât end up mauled like this child or my husbands sisters pet.