Man in Critical Condition After Pit Bull Attack; Owner Charged with Resisting Arrest, Obstruction

After man was mauled by a pit bull, the owner was charged with resisting arrest and obstruction.

Man in Critical Condition
Panama City Beach, FL - Last Tuesday, a man sustained critical injuries after being attacked by a pit bull belonging to his neighbor. Bay County sheriff's deputies responded to an emergency medical call at 8115 Laird Street around 5:00 pm. Upon arrival, he found Michael Fabjon Jr., 49, unconscious and injured from the dog attack. CPR was administered at the scene. He was transported to a hospital and admitted into the ICU. Fabjon sustained critical injuries to his throat and the back of his neck.

According to Pamela Dennis, who began administering CPR before deputies arrived, Fabjon's dog and a pit bull belonging to another resident got into a fight. Dennis and Fabjon were able to break up the fight, but the pit bull, "Gunner," took off. Not long after, Gunner returned and began to attack Fabjon, Dennis said. "Gunner took Fabjon to the ground and then began biting Fabjon's neck while violently shaking his head," reports the Panama City News Herald. Gunner belongs to Brendan Murphy, 28.

After Bay County Animal Control arrived, a deputy escorted the AC officers to confiscate the dog, but Murphy blocked them from entering his residence, saying "no one was going to take his dog." Charging documents state that after police asked him "several times" to stop blocking the front door, "the defendant was placed in double-locked handcuffs." During this scuffle, Murphy resisted arrest. He was charged with resisting without violence and obstruction. He was taken to the Bay County Jail.

"Bay County Animal Control responded to the scene to take possession of the defendant's dog. The defendant stated several times that no one was going to take his dog. The dog was located inside the residence during this time. The defendant walked toward the front door and stood in front of the door. He was asked to move away from the door several times before I asked him to place his hands behind his back. This was due to him refusing to allow animal control to take possession of the dog. I grabbed his wrist, and he pulled away. Another Deputy assisted and the defendant was placed in double-locked handcuffs. He was placed in the back seat of my marked patrol vehicle and taken to the Bay County Jail. The defendant did resist by pulling his arm away and attempted to obstruct animal control from removing his dog from the residence." - Arrest affidavit complaint, 02/04/25

Criminal Investigation Division Lt. Chris Coram spoke to WMBB. "It was described that the individual was thrashed about by the dog when the dog was able to get the man to the ground so most of the injuries that we saw were located in the upper chest, to the neck, in the front of the throat and the back of the neck," Coram explained. Animal control officers took possession of the dog. It was euthanized that night due to Fabjon's severe injuries. Gunner also had a history of violence and attacks.

Coram then clarified the classification of Gunner (who was likely classified as "dangerous" after the attack). It is an "animal by animal basis," he said, "It's not anything specifically against pit bull breeds. The classification of the dog is simply based upon whether or not the dog has shown violence in the community before." Outside of Miami-Dade county, Florida law has not allowed for the type of breed-specific law Coram describes -- declaring a breed prima facia "vicious" or "dangerous"-- since 1989.

Insufficient Felony Law

Gunner had a history of violence and attacks but was not declared "dangerous" for these acts prior to nearly killing Fabjon. If the dog had been, Murphy might also be facing a third-degree felony. "If a dog that has previously been declared dangerous attacks and causes severe injury to or death of any human, the owner is guilty of a felony of the third degree," states the Florida statute. But a legal designation prior to a "new" vicious attack is rare, which is why such felony laws are largely useless.

For instance, as soon as Gunner was classified as "dangerous" he was put down. Owning a dog declared dangerous in most states comes with a slew of responsibilities, restrictions and legal liability. It's simpler for these owners to call the dog a loss and acquire a new one. This is called the "vicious dog loop" because it allows irresponsible owners to habitually acquire new vicious dogs. Thus, felony laws that require a vicious or dangerous classification before eligibility of prosecution are fruitless.

Hardships on the Horizon

On New Year's Eve, Murphy was arrested for disorderly conduct after punching a man in the face. He was intoxicated and resisted being restrained by security guards. One guard "had to tackle and restrain Brendan again due his disruption of the establishment and his level of intoxication until law enforcement arrived," states the arrest affidavit. Murphy pleaded no contest. The case was adjudicated guilty on January 3 as a second-degree misdemeanor. The new charge is first-degree.

"On 12/31/2024, law enforcement was dispatched to 8711 Thomas Dr in reference to a fight that occurred at the bar. Upon arrival Newby's security, XXXXX stated Brendan Murphy had punched another customer at the bar and had to be restrained. Upon law enforcement arriving to Newby's, Brendan was on the ground resisting several security guards who were attempting to restrain him. Brendan was yelling profanities while on the ground ...

XXXXX provided a sworn statement stating that he is employed to work as security for the bar ... While standing there tonight, he observed Brendan punch XXXXX in the face. XXXXX then ran and tackled Brendan ... he then escorted him downstairs due to the disturbance that Brendan was causing. While downstairs ... Brendan stated he was not going to jail and then ran again ... they then had to tackle and restrain Brendan again due his disruption of the establishment..." - Arrest affidavit complaint, 01/01/25

If the victim survives his severe injuries, he faces legal proceedings for possession of a firearm or ammunition by a convicted felon -- out of the hospital and into the courtroom. He pleaded not guilty in July 2024. If convicted, it is a second-degree felony with a 3-year mandatory prison sentence. The predicament of Fabjon isn't good. The predicament of Murphy isn't good either. Gunner, the pit bull, compounded the already difficult lives of both men by leaving them with long-term consequences.

Pit Bull Dog Aggression

During the first decade of our nonprofit, we saw many "subtypes" of dog aggression defined by the shelter industry, such as stranger aggression, owner aggression, fear aggression, and redirected aggression. But for 18 years, we have seen dog-aggressive pit bulls jump this "compartmentalization" and kill a person. Enough fatal pit bull maulings also have a dead animal at the scene -- the pit bull killed a person and animal during the attack -- that this became one of our tracking parameters.

Gunner took off after two people separated the dog fight. Then he came back -- Murphy lives on the same property as Fabjon and his dog. It's no surprise the dog returned home. According to reports, Fabjon was in the process of "putting his dog up" when Gunner returned. But he didn't (or couldn't) attack the dog again, he just attacked Fabjon, biting into his upper chest, the front of his throat and the back of his neck. No matter the aggression "subtype," this was a disproportionate response.

Pit bull "Gunner" seen at the Bay County animal shelter facility before being euthanized.

Related articles:
05/01/23: 2023 Dog Bite Fatality: Man Killed by Three Pit Bulls in Escambia County, Florida
03/03/23: 2022 Dog Bite Fatality: Postal Carrier Dies After Attack by Dog Pack in Putnam County