Monday, December 14, 2009
File photos of individuals killed by loose dogs.
Damon Tyler Austin KoehnWheeler, AR - On May 13, 1996, 4-year old Damon Tyler Austin Koehn was violently killed by a pack of loose chow-mix dogs. The boy's father, James Koehn, discovered his son badly mauled in a ravine near the family's home. Prior to the attack, James and his son had laid down for a nap, but Damon had awoken first and wandered outside. Authorities seized a total of 15 dogs from Dan Doiel, who lived in a mobile home 200 yards from the Koehn residence.
In early November, just after 2-year old Matthew Hurt was killed by a pit bull in Prescott, the older half-brother of Damon, Ricky Austin, contacted DogsBite.org. He said that he felt his brother's death had been in vain and worse, had been forgotten. Prior to reaching out to others and us at this time, Ricky had not spoken of the tragedy in many years. The death of Hurt prompted him to search for information about his brother's attack online, but he came up empty handed.1
"To be recognized then fall off the end of the world? For there to be nothing?" Ricky said in a phone call to DogsBite.org."You can find aggravated assault charges from 1996 online, or a drunk driver," he said, "but I could find nothing about the event that destroyed my family's life and left my family with massive obstacles." The Arkansas Democrat-Gazette fortunately does have online archives that date back to 1996 and Ricky was able to purchase some of these articles and forward them to us to help in the documentation of Damon's story and the unraveling of his family that followed.
The Day of the Attack
The incident quickly gained national coverage. According to Ricky, the media "swarmed" his small Wheeler community. About 300 to 400 cars a day came out to see where the tragedy unfolded, he said. The media then attacked James for "being asleep" and omitted the fact that the father had been on legal pain medication at the time. The problem grew so great that the family had to leave town. The media attacks2 compounded by the horrific death of Damon, proved ruinous for both parents.
After the funeral, James began questioning whether the incident was his fault and subsequently tried to commit suicide. Ricky's mother, who had recently gotten back on track after past drug abuse issues, began to abuse drugs again. Meanwhile, both families blamed the attack on Ricky and Shannon, the dog owner's daughter and girlfriend of Ricky, for walking across the ravine that connected the two homes, whereby making the path "safe" for Damon to walk.
By allowing his 15 dogs to run loose, Doiel was wholly negligent in Damon's death. Yet the media blamed Damon's parents and the traumatized parents then blamed their children.Shortly after the attack, school let out. Ricky left to visit his father in Texas and his sister went to live with his grandparents in Oklahoma. Ricky said that he does not know how long his mother and James lived in the home after the attack -- the grandparents "shielded the children" from information after the attack. But upon receiving the life insurance policy funds after Damon's death, the two had spent it all within two months. Several years later, that house "mysteriously" burns down.
The Trial and the Penalty
"The sentence reflected recommendations by Deputy Prosecuting Attorney Kim Weber-Wall.3We asked Ricky if the letter of apology had ever been written. He said that he did not think so. He added that by December, the family had totally deteriorated. He said, "The letter would not have mattered and possibly would have made matters worse." DogsBite.org contacted the West Fork Municipal Court to follow up on several issues: 1.) Why was there a last minute plea bargain? 2.) What happened regarding the civil case Washington County brought against Doiel?
Doiel had pleaded innocent in October to 11 counts of violating the county's vicious-animal ordinance. He entered the new plea after meeting with prosecutors moments before his trial was to begin Tuesday.
Doiel was charged after Damon's father found the boy's mutilated body in a ravine separating the Koehn and Doiel residences near the Wheeler community." (Michelle Brandford, Arkansas Democrat-Gazette, 12/11/1996)
To clear up a related matter first, according to the West Forks Municipal Court clerk, the reason why there are no Internet records regarding the guilty plea of Doiel is due to lack of technology capabilities. In 1996, Washington County did not have the capability to place such records online nor did any other Arkansas county. Such information today, 1996 records, is found only "in brief" electronically. Accessing the full case requires pulling archived paper documents.
In the criminal case against Doiel, DogsBite.org could not learn why prosecutors agreed to a plea bargain4 regarding the 11 misdemeanor counts of violating the county's vicious animal ordinance. It is understandable why prosecutors could not bring "enhanced criminal liability" charges. As in many states, Arkansas law required proof that at least one of Doiel's dogs had been reported to officials as vicious prior to the attack that killed Damon. Prosecutors could find no such proof.5
"The plea deal made my little brother die in vain," Ricky said. "It also set up another attack to happen. No repercussions!"Doiel was not ordered by the West Forks Municipal Court to pay restitution to the Koehn family because restitution is only ordered for living victims. Damon's family could have brought a wrongful death suit against Doiel, but the idea was likely dropped at the time due to Doiel's limited assets. The Washington County Attorney's Office told us that wrongful death suits have a statue of limitations of 3 to 5 years, so the Koehn family no longer has the opportunity to file one.
The county did file a civil judgment against Doiel for nearly $16,000 due to the extensive costs of the criminal investigation, including DNA and forensic testing of the dogs. The West Forks Municipal Court clerk said that Doiel makes a monthly, in-person cash payment of $40 to the court and has been since 1997. "He's out here every month religiously," she said. While this amount may seem small, the court deemed this was all that Doiel could afford to pay each month.
Years of Therapy
His mother, Mary, is currently living in Oklahoma and is no longer married to James.6. Still struggling with drug additions, she is unwell. Ricky said that she was very happy about our phone call. "This was a big event for me and my family -- this phone call," he said. According to Mary, whose words may or may not be accurate, the Doiels are still living in the same trailer home and have more dogs now. Information about Ricky's former girlfriend, Doiel's daughter7, could not be found.
About Ricky Austin
Currently, Ricky Austin is 25-years old and resides in Tyler, Texas near his father. He is a single father of a 5-year old boy. At one point, Ricky did own a Lab, but it brought back too many memories and he feared for his son. He gave the dog away. Ricky works in database and Internet development for the East Texas Lighthouse for the Blind (etlb.org), whose mission is to provide employment to people who are blind or visually impaired. His father, Ricky Austin Senior, is blind.
DogsBite.org greatly thanks Ricky for sharing his painful story that dates back thirteen years and continues to cause pain. As demonstrated by the story of Damon Tyler Austin Koehn, fatal dog attacks are multi-generational and not only devastate multiple families, but entire communities for many years. As the U.S. media typically abandons such stories after the initial "gory details" have been shared, the American public is unaware of the lasting effects of these tragedies.
2 Several media accounts also tried to blame the attack on a Doritos bag that was found near Damon's body -- placing the blame back onto the victim. Sadly, such ridiculous "blame tactics" after an unprovoked serious or fatal dog attack by a vicious dog(s) are common. Ricky said that Damon and his sister had eaten the chips the weekend before and had left the empty bag in the yard.
3,4Eight days prior to publishing this post, DogsBite.org sent an email to Arkansas attorney Kimberly Weber; online references show that she is the same Kim Weber-Wall referred to in the Democrat-Gazette article. Weber did not respond to our email. On December 11, we spoke to Weber on the phone and she confirmed that she is the same person. When asked why Doiel was given the plea bargain, the phone call that had started off "tense" turned hostile. After reminding her that the case regarded the fatal dog attack of 4-year old Damon Tyler Austin Koehn, Weber said, "I'm not recalling it; I don't recall the case." It is important to point out that fatal dog attacks are rare and the incident involving Damon dominated local news and made national headlines. Kimberly Weber's current area of law practice is criminal defense.
5Most state laws allow for "one free mauling" prior to serious charges. Some states allow up to three maulings, each resulting in "serious bodily injury," prior to felony charges.
6Little additional information was provided about James. Ricky said that after he tried to commit suicide, he was later arrested. "He became a different person," Ricky said.
7Shortly after the attack, the two parted ways. The families "were at war," Ricky said. In our phone call, Ricky expressed great concern for Jennifer Shannon Doiel and what happened to her after the attack. The Doiel family did not have resources like his grandparents did.
10/29/09: 2009 Fatality: Toddler Wanders from Babysitter's Home; Killed by Pit Bull
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| 12/14/2009 1:20 AM |
I'll tell you exactly what happened. "The usual suspects," ie the dog breeder business lobby, contacted the press after this little boy died and filled their heads with "blame the victim" propaganda. The media gullibly succumbed.
This lobby also fastened on to a weak-willed, easily manipulated DA and convinced her to protect this owner/breeder of dangerous dogs.
The public will never learn of the conversations that authority figures such as this are having with breeding industry lobbyists and propagandists. The smear of the victim, the pressure to protect the breeder, protect the dogs, goes on "off the record."
Sometimes these authority figures never even realize that they are being manipulated by breeding industry operatives. These breeder lobbyists represent themselves, falsely, as "experts" on dogs and dog issues. THEY ARE NOT! The only thing they are expert in is protecting the FINANCIAL INTERESTS of breeding and owning dangerous dogs for profit reasons, protecting breeders from responsiblility, punishment, and regulation.
Some of these dog breeder lobbyists are themselves attorneys, and they know how to manipulate DAs and other attorneys.
Some of these lobbyists are attorneys getting paid by breeder lobbying organizations that do not reveal their ties to these groups
Why would the dog breeder industry want to blam the victim? Because they want to FEND OFF REGULATION.
They want to keep dangerous dog ordinances WEAK and unenforced, they want dangerous dogs to be able to be kept and bred by owners/breeders with few rules, they want zero breeder regulation, they want dog breeders/owners to be exempt from responsibility.
They want breeders/owners to be able to do whatever they want (even commit murder with their dogs) and get away with it, and go right back to business.
And so far, in too many parts of the country, authorities are doing what the breeder lobby wants.
This is changing, but still these breeding business lobbies are hard at work PROTECTING DANGEROUS DOGS and their breeders/owners.
| 12/14/2009 1:58 AM |
It is time to hold the AKC, UKC, related No Kill lobbyists and organizations such as Best Friends that now work with breeding groups, vets that work for breeders' interests, "dog trainers" that are affilated with breeders, dog fighters, and other affiliated breeder lobbyists, and hold them accountable for their lobbying activities and their deception.
(including the "blame the victim" scheme)
These groups also work with lobbyists such as this http://www.sourcewatch.org/index.php?title=Center_for_Consumer_Freedom a tobacco lobbyist and they put incredible direct pressure on authorities such as DAs, judges, and legislators to protect breeders.
As for Karen Delise, Delise was a lowly, inexperienced vet tech who suddenly proclaimed herself an "expert" overnight and started manipulating statistics and churning out propaganda that favored breeder business interests. Nothing she produces is of any value for anything other than breeder PROPAGANDA, and it is time to hold Karen accountable for the falsehoods, omissions, and propaganda.
It is also time to demand an answer for the question, where does Karen Delise's funding come from? If she has not registered as a lobbyist, why not?
| 12/14/2009 1:59 AM |
This brought me to tears, such a senseless tragedy and such far reaching and devastating effects all because one irresponsible individual couldn't be bothered to keep his dogs penned. Sadly, versions of this tragedy play out on a monthly basis, and we never hear about the long-term fallout. As a survivor of an attack, I want to personally thank you, Ricky, for coming forward and sharing your story about your family and your brother. It's thanks to people like you who are willing to speak out that laws are getting changed. It may take a long time, but your brother's death will not be in vain. He will be one of the many fallen whose blood cries for justice and turns the tide against the pit lobby machine. Thank you again, and God bless.
| 12/14/2009 2:09 AM |
These breeder lobbyists are vocal and pushy, Ricky.
But thanks to the bravery of victims' families, thanks to people LIKE YOU who speak out, the truth is being heard, and I think the truth willeventually prevail over the deception.
| 12/14/2009 9:52 AM |
There needs to be limits on the number of dogs one can own. No one should have a pack of dogs unless they are a licensed breeder, and all breeders should require licensing. Breeders ought to be required to have special containment and there should be inspections.
I know, I know...when pigs fly.
| 12/14/2009 3:53 PM |
"I know, I know...when pigs fly."
No. Don't ever give up hope or give up that fight. Many people have thought this about a variety of horrible conditions throughout history, only to see societies reach a tipping point and say, "No more!" It's hard, but stay positive. We are making changes, bit by bit.
| 12/14/2009 8:54 PM |
As for opposition to pet limits (in other words, you can have a certain number of dogs. Above that, you have to get a kennel license) it is not only breeders who oppose limits (for obvious reasons, and to protect the puppy mills and dog fighters) but also the No Kill fanatics oppose pet limits because they fudge their euthanasia numbers by sticking animals with hoarders. And they don't want to see hoarding limited by pet limits!
Best Friends has actively lobbied against pet limits, including in their own town.
| 12/16/2009 1:31 PM |
This is such a sad story, but one everybody should read. A bunch of dogs killed a boy and completley ruined his family.
I don't trust any loose dog. I was chased by a pack of TINY dogs when I was young, and the horrifying feeling has never left me.
I like dogs, but to this day, any off leash dog of any size makes me nervous.
| 12/17/2009 10:23 AM |
Hunters are allowed by law to shoot loose dogs if they feel there is any poosibility of the dogs even chasing the hunters' prey.
We allow hunters to defend their "rights" to defend their prey, but we don't stop people from letting loose dogs endanger our CHILDREN?
This country has some major breakdowns when it comes to animal control laws and enforcement.
Of course, the hunters lobby mightily for their "rights" but the average citizen has been silent about the dangers of loose and chained dogs for too long.
| 10/12/2014 9:35 PM |
I just want to let Ricky know that although the county neither enforced the restrictions and laws regarding the dogs prior to his brothers death nor after his death, this did matter to some of us. I lived in Fayetteville at the time and moved back to my home state shortly after. I had four young children and one pet dog and it had such an emotional impact on me that this sweet little guy had died in such a frightening and violent manner and that the dogs owners had more rights and a more vocal audience than the victim in the tragedy. I have fussed this over in my head ever since and tonight I decided to google the information and see what laws had changed since I moved. I was appalled to find so little has changed. It is a privilege to own a pet but it should never be considered more important than any human life- especially such an innocent one. I am sorry that the message conveyed by the public response seems to be that one mans right to own fifteen dogs is greater than one families right to have changes to afford others the comfort of never experiencing such pain. I have a fervent hope that somehow this article will bring attention and change so that your little brothers life is more than an old archived article. I did not know any of you but his death mattered to me. I have never forgotten him.