Three Family Members Charged with Felony Offenses
Avery Jackson-Dunphy, 6, was killed by dogs being fostered by his grandparents.
Family Members Charged
UPDATE 08/01/22: Three family members have been charged in connection to the death of 6-year old Avery Jackson-Dunphy last November. His mother, Danika Jackson, 33, is charged with reckless child abuse resulting in death. His grandfather, Kevin Owens, 61, is charged with two felony counts, reckless child abuse resulting in death and dangerous dogs resulting in death. The boy's grandmother, Leslie Owens, 63, is also charged with dangerous dogs resulting in death.
Avery Jackson-Dunphy was killed by at least three dogs while visiting his grandparents' Mesilla Park home on November 22, 2021. Doña Ana County Animal Control euthanized six dogs taken from the property that day. Three of these dogs, a mother and her two offspring, were being fostered by the boy's grandfather from the city and county operated animal shelter. Behavioral notes of the dogs being fostered states the mother dog had started becoming aggressive.
"At the urging of Avery’s father, Patrick Dunphy and his family, we asked the Sheriff’s Department for their investigation into the child’s death. The District Attorney’s Office was not notified of the incident by the Sheriff’s office and learned of the child’s death through media reports. As the chief law officer of the state in Doña Ana County; I have the authority to advise on matters in the public interest, and bring criminal charges, especially when it involves a death investigation. This is a horrible and tragic incident. During the review process, we assessed the facts in view of the relevant law and presented the case to the Grand Jury which found probable cause to charge each named defendant with felony offenses." - Third Judicial District Attorney, Gerald Byers.
Third Judicial District Attorney Gerald Byers responds to felony charges in fatal dog mauling case.
12/31/21: Municipal Shelter Dogs
Weeks after mauling death of 6-year old Avery Jackson-Dunphy, it was revealed that three of the six dogs that were immediately euthanized after his death were foster dogs from the Animal Services Center of the Mesilla Valley (ASCMV), just as DogsBite initially suspected. ASCMV operates through a joint powers agreement between the governing bodies of the City of Las Cruces and Doña Ana County and is the only open-admission municipal shelter in the county.
The three dogs were an intact female, identified as a black "mixed-breed (medium) dog" and her two 4-month old puppies. It was noted in an early August ASCMV memo that the mother dog was "becoming a little aggressive" with Kevin Owens, the child's grandfather who began fostering the three dogs in early July. "She will growl at them [the caretakers] if they touch the pups." The mother, and up to five other dogs (four being puppies) fatally attacked Avery three months later.
The memo also stated, "[Kevin] is willing to work with her for a month after to see if her aggressive behavior changes," referring to a month after it became okay to separate the puppies from the mother dog. It is unknown how the mother dog's behavior transpired after August. Information about the other three dogs involved is also unknown. Previously, all six dogs were described as shepherd-type and border collie-mix breeds, of which the mother dog and her offspring are neither.
Animal Services Center of the Mesilla Valley now joins a growing number of taxpayer-funded municipal shelters, in whole or part, since 2014 that have adopted out, fostered out or transferred a dog to a rescue that subsequently killed a child or an adult. Since Avery's death, Doña Ana County State Representative Joanne Ferrary began advocating for stricter fostering guidelines and awareness that would require foster parents to be trained and educated if they want to foster.
Shelter Dog-Inflicted Deaths
- 2021 - ASC of the Mesilla Valley (NM) - Avery Jackson-Dunphy, 6-years old
- 2021 - Wake County Animal Center (NC) - Jayden Henderson, 7-years old
- 2020 - Miami-Dade Animal Services (FL) - Carolyn Varanese, 84-years old
- 2019 - Humane Society of St. Lucie County (FL) - Christine Liquori, 52-years old
- 2018 - Pinellas County Animal Services (FL) - Infant Khloe Williams
- 2018 - The Animal Foundation (NV) - Susan Sweeney, 58-years old
- 2018 - Logan County Pound (WV) - Robin Conway, 64-years old
- 2018 - Henderson Animal Shelter (NV) - Bradley Cline, 62-years old
- 2017 - El Paso Animal Services (TX) - Jacob Brooks, 4-years old
- 2017 - New York City Animal Care Centers (NY) - Margaret Colvin, 91-years old
- 2017 - Kent County Animal Shelter (MI) - Infant Susannah Murray
- 2016 - San Diego Humane Society (CA) - Infant Sebastian Caban
- 2015 - Jackson-Madison County Pound (TN) - Anthony Riggs, 57-years old
- 2015 - Asheville Humane Society (NC) - Joshua Strother, 6-years old
- 2015 - Rochester Animal Services (NY) - Anthony Wind, 26-years old
- 2014 - Branford Animal Shelter (CT) - Rita Pepe, 93-years old
Three of the six dogs were foster dogs from the Animal Services Center of the Mesilla Valley.
12/15/21: Parents Feud in Court
This week, new information has been released about the vicious dog mauling death of Avery Jackson-Dunphy. We learned that the boy's mother, Danika Thompson, filed a petition to be appointed as the wrongful death representative of the estate of her son within 48 hours of his death. Notably, Thompson was present on the property when her son was fatally attacked on her father's property (the child's grandfather). KFOX-TV also captured the grandfather's 911 call.
Thompson's legal action was followed by action from the child's father, Patrick Dunphy, indicating that he will name Thompson as a party responsible for the boy's death. According to online dockets at New Mexico Courts, the mother and father have been in custody litigation since 2015. The report from the Las Cruces Sun-News also provided breed information. The six dogs were described as shepherd-type mixes and border collie mixes -- two adults and four puppies.
A digital billboard asking for #Justiceforavery is being displayed in the Las Cruces region.
11/26/21: Foster Dogs Kill Boy
Mesilla, NM - On Tuesday, it was reported that a 6-year boy was mauled to death by one or more dogs. Deputies were called to a home in the 500 block of Fort Fillmore Road around 9:45 am after reports that a small child had been attacked by a dog. When they arrived, they found the boy severely injured. The child was airlifted to Children’s Hospital in El Paso, where he died. The boy apparently was able to enter into a pen that was housing six dogs -- all six dogs were euthanized.
The attack occurred at the boy's grandparents' home. According to a police report, the boy and his grandfather were playing outside when his grandfather stepped away for about 10 minutes, reports the Las Cruces Sun News. The grandfather told police he was called inside by some men working on his house. Shortly afterward, the boy's mother and grandmother realized the boy had gotten into the dogs' pen. The dogs were all being fostered, according to the police report.
Doña Ana County sheriff's deputies said that two dogs, both described as large, had blood on their heads after the incident. According to the police report, the boy suffered severe wounds from the dogs, including injuries to his neck and chest. How the boy was able to enter into the caged area was not released. The child's name was not released. The breeds of dogs involved in the child's death were not released. The agency that owned the dogs being fostered was not released either.
Thus, it is unknown if the county animal services "public agency" -- Animal Services Center of the Mesilla Valley -- owned these dogs.1
On November 28, KVIA News identified the boy as 6-year old Avery Jackson Dunphy. The celebration of life for Avery was held at Real Life Church in Las Cruces. The Las Cruces Fire Department was present, as well as other emergency personnel. Family members said his death was preventable, and that his "life needs to be celebrated and not to have died in vain." The breeds of dogs involved have not been disclosed by the Doña Ana County Sheriff's Office.
Home on Fort Fillmore Road where boy was killed by dogs being fostered by his grandparents.
A celebration of life was held for Avery Jackson Dunphy at Real Life Church in Las Cruces.
Related articles:
05/30/21: 2021 Dog Bite Fatality: New Mexico Dog Owner Charged with Tampering after Death
01/16/20: 2020 Dog Bite Fatality: Woman Killed by Pack of Dogs on Tribal Land at Taos Pueble
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 dog’s enclosure was not child resistant. The child’s flesh was not dog resistant. What can possibly happen in a few seconds?
It would have been nice if he could have enjoyed a few decades of earthly life’s pleasures, before suffering an excruciating death on earth due to proximity to deadly animals. But no. He had to be born to a family that handles deadly snakes… oh… uhm… …dogs. Now, he is in a place where they are all outside.
“The child’s name was not released. The breeds of dogs involved in the child’s death were not released. The agency that owned the dogs being fostered was not released either.”
The reporters must have asked that “Human Resources” looking Sheriff.
“Oh…We can’t go to blaming anyone or any thing.”
That is a half a dog pen against the lower height fence of a horse pasture.
The breed information may not have been released, but I can bet it wasn’t a couple of toy poodles or chihuahuas…
Of COURSE not! It had to be those killer dachshunds!
(Sarcasm off.)
First and foremost I’d like to express my condolences to the family of this poor child. A young life gone. This tragedy is shared with sadness by all who reply here. Unquestionably.
And please do not take offense at my suggestions and inquiries. I only wish the truth to be known.
I think it time for Federal oversight to be utilized in the case of any dog attack that involves a fatality as I have no confidence in local municipalities or.state law enforcement to properly investigate these cases. All too often these tragedies are only discovered after weeks or months of independent investigation.
I’ve no confidence whatsoever in the Sheriff interviewed in the KFOX interview, who appears to be as concerned over this latest death as she would be over the fact that it’s the last day before a long holiday weekend and a relaxing 4 or 5 days spent reclining on the LAZY Boy is here at last, and nothing will stand in its way.
And do I trust her concerning behavior to provide factual evidence that all six dogs have been euthanized, along with any forensic details that might ensue such as positively identifying the dogs involved, breed.
You’ve at least seen the dogs, I hope Sheriff? How about you verify this with Federal authorities? What do you have to lose so long as you tell the truth?
The pictures of these little kids just break my heart. It makes me think of my own kids, so full of life and curiosity. All that changes in seconds—a sweet, spunky kid maybe interested in the dogs, just wanted to visit them, then dies so tragically. It is so so sad.
I hope more people become aware of dangerous dog breeds and that more people will see through the twisted PR campaigns that promote foster/adoption of dangerous dogs. I love animals, but killer dogs have no place in our communities. It is time to be sensible about dogs again.
If a six-year old could open the enclosure, any clever dog could, as well. I’ve known dogs that could open anything short of a padlock–and even then find a way around it. Fence latches of any model are easy for bright dogs to open.
This is a tragedy in so many ways. The people who were wanting to be “kind to animals” and so fostered them, without a deep enough understanding that dogs have the intelligence of 3-6 year olds without opposable thumbs or language skills…and without knowing the background of those animals or if so, ignored the dangers because they “felt sorry for them”
Parents who loved their child but did not accept that a child’s natural curiosity might lead them into danger.
Those are mistakes anyone could have made. In this case they were compounded together resulting in a child torn to shreds before his life, even began.
Meanwhile, authorities refuse to name the agency that sent these dogs to be fosterd yet failed to require a safe enclosure to keep those dogs.
If you need a “safe enclosure” to keep your pets from murdering a child, you ought to re-think your choice of pets. No doubt these were either pitbulls or rottweilers,
It is an agriculture related residence or a ranch. So keeping animals penned and separated is a necessity.
I’d like to reiterate that I feel so sorry for this family’s loss. Not much worse for a Grandparent than this I would think.
If you have large working dogs, for the safety of children, it’s wise to always have some kind of sanctuary where the dogs are not constantly exposed to a high level of stimulation. This situation can lead to bites when the environment cannot be controlled by a dog-experienced, adult.
When one is training or fostering dogs, this need becomes compounded. Quickie temperament testing by a shelter is not the same as long-term observation and environmental control in assessing a dog’s character. Strange dogs and children are a potentially dangerous combination.
Due to the nature of this mauling, I’d suspect pitbulls or another molaser breed, as well.
Why not have a hobby that isn’t going to kill someone like fishing or woodworking in your old age?
What these people have is an obsession.
Happens even in hobbies. We all know of people with various hobbies that are so immersed in them that a steel pipe along side the head can’t get them to cease pontificating on them.
Poker
Deer hunting
The NFL
Just a few examples of some of the zealots I’ve had to suffer in a past workplace where I interacted with hundreds upon hundreds of people every day.{Uggh!}
Even after rolling my eyes point blank in their face with a clearly spoken “WILL YOU PLEASE JUST SHUT THE F UP?”
Won’t even register an interruption in the sermon.
You know how these pits are so impervious to pain that no outside stimuli seems to have any effect? Like owner, like dog.
Well, y’know KaD, if ya can’t afford to be Tiger King famous, pitbulls are cheap. 😉
At least crazy cat ladies’ obsessions don’t kill the neighbours, so there’s that.
Walkin’ my dog, mindin’ my own business when an SUV pulls up to the corner with two pitbulls who go completely insane smashing themselves against the window to try and get at my dog. The window glass is *bouncing* with pressure. One day, they’re gonna make it. Meanwhile, this woman is trying to drive while screeching at these two vile monstrosities in the back of the vehicle.
Talk about unsafe driving conditions. If those dogs don’t kill something through the window, one day they are going to get that driver, killed.
Takes a special kind of nutter to break the BSL law to keep TWO of them, then risk everyone on the road as well as herself for her obsession.
Thank you, Colleen, for today’s update. Dangerous shepherd-type mixes and dangerous border collie mixes: These are the animals of choice that make my ostensibly nice neighborhood a battlefield for survival. These animals attack full-grown adults, too. Just walk on the public street and see how they behave behind a fence, and then anyone will know what they will do when the gate is left open.
Who declared the breed of the dogs? And where were the deceased dogs brought to after they were immediately euthanized?
Just another reason for to establish Federal oversight. And oversight that is not a bureaucratic mess influenced by lobby groups.
There’s that ever elusive “Mix” breed replicating themselves yet again into the bloodline. Sly little devil, whatever dog he or she might be.
I wonder why such secrecy? /sarcasm
So very sad. The unattended boy got into the dog pen and was killed by 2 fostered Shepard collie mix adults. Four puppies were also there. The boy’s mother was on the property at the time. A custody dispute between boys parents has been ongoing since 2015. Lots of moving parts here.
Looks like the mother is planning to sue herself for the wrongful death of her son. Even if she loses, she wins!
Yea, that seems just a little convenient to me. “I took my son to visit my father, lost track if him and he got in to the dog pen and was killed. I would like to be paid.”
I suspect the shelter will produce a signed document that states they are not responsible for anything. The mother will then be left to go after her dad and his homeowner’s insurance. Since she was on the premises at the time of the attack, I think this will be a hard sell.
After all society is expected to accept that dogs kill every now and then. If you can’t get paid when a stranger’s dog comes in to your yard and kills your kid it would seem odd to expect to get paid when you choose to take your kid to the house of a relative who had a pen full of what turned out to be killer dogs.
And said shelter need to be sued into the ground.
Probably the shelter’s stating beforehand that the mother dog was aggressive in protecting its pups might spare them from responsibility.
I think KaD called it right. Why can’t people find a better hobby? Did this all start with a fascination with Sea Monkeys, Steve Irwin, Siegfried & Roy? {Obvious warning signs to look at in childhood development.}
They glibly blame a protectiveness on the part of the mother of the younger dogs. I have my doubts about this – the sheriff’s report mentions TWO large dogs with bloody heads, and 6 dogs total were euthanized. That’s the mother, her 2 offspring – and 3 dogs that have never been described.
But even if mother love started the attack, why was that dog still pregnant when she was turned over to the foster? At the height of overpopulation, pregnant dogs in the shelter system were frequently aborted to reduce the number of unwanted dogs in shelters. This dog was observed from the start as fearful and asocial, just the sort of temperament we don’t need more of. If the shelter had aborted that litter, that supposed “trigger” wouldn’t have been in place.
https://news4sanantonio.com/news/local/las-cruces-grandmother-acquitted-in-deadly-dog-attack-case-due-to-lack-of-evidence-lelsie-owens-avery-jackson-dunphy
Grandmother was acquitted. Mother and grandfather have jury trials coming up in spring, 2024.