Reuben Pierce, 70, died three months after being mauled by three violent pit bulls.
Complaint and Judgment
Jacksonville, AR - On October 30, 2023, "Reuben Pierce was attacked and mauled by defendants’ pit bull dogs. Reuben Pierce’s injuries were horrible and painful. Mr. Pierce was hospitalized and received medical care from October 30, 2023, until he passed away on January, 24, 2024," state court filings. On August 19, 2024, Judge Sanders Huckabee awarded the plaintiff a judgment against the defendants in the amount $5 million in compensatory damages and $10 million in punitive damages.
There were no media reports about this vicious attack when it occurred or at the time of Pierce's death. The first reports occurred in early April 2024, after the wrongful death lawsuit was filed on March 27, 2024 in the Circuit Court of Lonoke County. Both media reporting sources (The Arkansas Leader and The Arkansas Democrat-Gazette) are behind paywalls. However, the state of Arkansas has an open court record system, so we were able to obtain the relevant court filings for our readers.
The October attack occurred in the 200 block of Morgan Road in Jacksonville, where the defendants, Kenneth Cash and Jennifer Swartz, reside. Pierce lived across the street from the pair, according to property records. Both Cash and Swartz were sued for "wrongful death, negligence, battery, tort of outrage and punitive damages," states the filing. "Defendants were aware that their pit bulls had dangerous tendencies because the dogs had attacked and bitten other people," alleges the filing.
Included in the Complaint was a montage of images showing the "horrible and painful" injuries that Pierce sustained, while he spent the last few months of his life in a hospital, enduring "pain and suffering, mental anguish, severe injuries, and medical bills," states the filing. "The "defendants intentionally kept the pit bulls even though they knew they were dangerous and have attacked people in the past." The dogs belonging to the couple had also attacked other neighbors, alleges the filing.
Not long after the Pierce attack, a neighbor came under attack by the same dogs and was able to shoot and kill two of the pit bulls, reports The Leader.
The defendants represented themselves pro se and supplied a "handwritten" Response. They denied all 16 allegations. The judge disagreed. "Based upon the proof presented," the Court wrote, the "plaintiff is awarded compensatory damages of $5,000,000 and punitive damages of $10,000,000, for a total award of $15,000,000, against defendants, Kenneth Cash and Jennifer Swartz, jointly and severally." The defendants were ordered to supply the Court with a list of all assets within 45 days.
According to property records, Swartz purchased the home on the Ides of March 2023. Within seven months, the couple's pit bulls had attacked multiple neighbors and mauled Pierce. Both Cash and Swartz had been backyard breeding pit bulls, according to their Facebook pages. The stud, "Boss Hogg Cash" died in September 2022. The female, Izzy, had a litter in November 2022 (the last pairing with Boss Hogg). The Leader reported that three pit bulls were in involved in the mauling of Pierce.
Online court records show that Swartz was charged with two counts of unlawful dog attack, each a Class A misdemeanor, after Pierce's attack. Last month, she pleaded no contest to both charges. She was ordered to pay $2,320. Due to the civil judgment, she will likely now owe the Court funds for the rest of her life. Cash has a history of misdemeanor charges, largely driving offenses. However, that escalated in May 2024 after another traffic stop resulted in a felony drug possession charge.
The Massive Award
When defendants lack resources, large awards like this one are symbolic victories. Notably, The Leader reports that Jacksonville attorney John Ogles, who represented the estate of Pierce, also won a $1.2 million judgment against the owner of two pit bulls that attacked a Maumelle man and his dog last year. The defendant, Paul Stehley, was ordered to start making that payment in May 2023, however, Stehley appealed the order. The case has been stayed until the appeal is resolved.
Arkansas BSL Cities
Both symbolic monetary awards come as multiple jurisdictions in Arkansas are under pressure by pit bull advocates to repeal longstanding pit bull bans. In 2021, Cabot replaced their ban with mandatory sterilization and insurance requirements. Beebe kept their ban after hearing from Robby Taylor's parents in 2021, while Maumelle repealed their ban. In 2022, Jacksonville, the city where Pierce was mauled, kept their ban. Currently, Lonoke is considering a repeal of its ban, as is Sherwood.
The owner's Facebook pages: The primary stud, "Boss Hogg Cash," died in September 2022. The female, "Izzy," had puppies in November 2022. Two puppies seen in January 2023.
Related articles:
07/04/24: 2024 Dog Bite Fatality: Man, 41, Killed by His XL Bully, the Largest Sized Pit Bull Breed
01/19/24: 2023 Dog Bite Fatality: Arkansas Man Arrested After Pack of Guarding Breeds and...
03/16/23: Arkansas House Floor Debate for HB 1519, a Bill Prohibiting Breed-Specific Laws
Baseline reporting requirements:
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.