Posted on September 30, 2019 by Colleen Lynn

2019 Dog Bite Fatality: Man Dies After Vicious Dog Attack in Bennington, Oklahoma

Alan Bruce, 56-years old, died after a vicious dog attack in Bennington, Oklahoma.

Man Dies of Injuries
Bennington, OK - A man has died after enduring a vicious dog attack over the weekend. Three dogs savagely mauled Alan Bruce, 56, Saturday.1 He was transported to a hospital in Durant then airlifted to a hospital in Plano, Texas. In Saturday's version of this news article, Bennington Police Chief James Heil said that no criminal charges would be brought even though these same dogs had previously bitten two juveniles. Circumstances may have changed now that Bruce has died.

On October 1, KTEN updated their piece, including clarifying the third dog breed. The attacking dogs were two pit bulls and a pit bull-mix. Alan Bruce, 56, was brutally attacked by these dogs and later died. "He had severe trauma; bite marks to his trunk and head and arms with just massive trauma," Chief Heil said. "It was the most gruesome thing I've ever seen in 18 years of law enforcement." The dogs belong to Don (or Michael) Wright, who was an acquaintance of Bruce.

Case Background

It was reported late Saturday that a 56-year old man was in critical condition after being attacked by three dogs in a Bryan County neighborhood. The attack occurred earlier that afternoon, Bennington Police Chief James Heil said. Two pit bulls and a mixed-breed inflicted the attack and belong to a man who lives on Nail Street. When Heil and other officers arrived at the scene, the dogs charged them. Heil open fired on one pit bull, killing it, causing the other two dogs to flee.

EMS called a helicopter to airlift the victim to a hospital in Plano, Texas, but due to his unstable condition, he was instead transported by vehicle to AllianceHealth in Durant. He was later flown to the hospital in Plano in critical condition. Both surviving dogs were taken into custody. According to Heil, the owner of the dogs will not face criminal charges since the violent attack occurred on the owner's property. This was the third attack carried out by these dogs in less than one month.

"Whenever me and my other officer arrived on scene, it was gory, horrific. The worst I've ever seen." - Bennington Police Chief James Heil

Two juveniles were attacked by the same dogs, one just two days earlier. On Thursday, September 26, a boy was attacked by the dogs while walking home from school. Earlier in September, a girl was attacked by the dogs requiring treatment in an emergency room. The Town of Bennington is located in southwest Oklahoma and has a population of 358, according to the U.S. Census Bureau. Bennington also lies within the Choctaw Nation of Oklahoma region.

Bennington's municipal code defines a "vicious dog" as one that has "bitten, or attempted to bite, any person without undue provocation, or which attacks, or barks or growls at and acts as if it intends to attack or bite, or bites a person or persons, when not unduly provoked." Dogs are also not permitted to be at large, including not being "securely confined by a fence or other means on premises" or not under the control of the owner "whether on the owner's premises or not."

Any person may also kill a "vicious dog" in self-defense or in the defense of another, according to the code. No vicious dog designation process is defined in the code. Oklahoma state law has a criminal provision for the owner of an animal that kills a person. This penalty applies if the owner knew of the dogs' vicious propensities, the dog was "at large or not confined," and killed a person "who has taken all the precautions which the circumstances permitted, to avoid such animal."

21 Okl. St. Ann. § 717 - "If the owner of a mischievous animal, knowing its propensities, willfully suffers it to go at large, or keeps it without ordinary care, and such animal, while so at large or not confined, kills any human being who has taken all the precautions which the circumstances permitted, to avoid such animal, the owner is deemed guilty of manslaughter in the second degree."

Bennington said Monday that it will be up to the District Attorney if the dog's owner, Michael Wright, will face any charges. Meanwhile, the two remaining dogs are still with Wright.

Part of the municipal code of Bennington, Oklahoma - Chapter 1 Animal Regulation.

Scene of vicious dog attack in Bennington, including one of the fatally attacking pit bulls.

View the DogsBite.org Google Map: Oklahoma Fatal Pit Bull Maulings.

1The victim's name is also spelled as "Allen Wayne Bruce."

Statewide attacks:
Vicious Dog Attacks in Oklahoma by Butch Bridges, a log of Oklahoma vicious dog attacks.

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.

Posted on September 23, 2019 by Colleen Lynn

Delta Air Lines Updates Service and Support Animal Policy Following DOT Guidance and Continues Pit Bull Ban

Delta Air Lines updates policy and continues pit bull ban following DOT guidance.

Delta's Policy Update
Atlanta, GA - On September 23, 2019 Delta responded to Department of Transportation (DOT) final guidance regarding service animals that was issued on August 8. "Effective immediately, Delta is discontinuing its 8-hour flight limit for emotional support animals (ESAs)," states Delta's announcement. Delta is continuing its ban on pit bulls as service and support animals that it began in July 2018 in order to "protect the airline’s employees, customers and trained service animals."

Following a sharp increase in onboard animal incidents and attacks, Delta instituted its ban on pit bulls in 2018, to protect the airline’s employees, customers and trained service animals. Pit bulls account for less than 5 percent of the overall dog population but 37.5 percent of vicious dog attacks. Understanding this risk, Delta has not come to a solution for allowing pit bulls onboard that satisfies its own rigorous safety requirements.

"We will never compromise on safety, and we will do what is right for the health and safety of our customers and employees," said John Laughter, Senior Vice President – Corporate Safety, Security and Compliance. "We continue to work with the DOT to find solutions that support the rights of customers who have legitimate needs to travel with trained animals." - Delta Air Lines, September 23, 2019

In mid-August, our nonprofit released a special report detailing areas of the current rule that are undefined, as we explored how the DOT final guidance would affect Delta's pit bull ban (Beneath the 'Headlines' of the DOT's Final Guidance of Enforcement Priorities Regarding Service Animals). The DOT final guidance came after Delta and other airlines adopted new policies in early 2018 designed to tackle the growing number of untrained service and emotional support animals.

In June 2017, a Delta passenger was repeatedly attacked in the face by an untrained psychiatric service dog. In May 2019, the victim sued Delta and the dog's owner, intensifying this issue.

The DOT final guidance gave airlines until mid-September to adjust any policies that are out-of-step with the Enforcement Office's interpretation of the current rule, of which parts remain undefined. Later this year, the DOT will issue its NPRM regarding the "appropriate definition of a service animal." The DOT final guidance is "not legally binding in its own right" and conformity with the guidance (as distinct from existing statutes and regulations in Part 382) is voluntary only.

The DOT's final guidance stated in part, "the Department is not aware of and has not been presented with evidence supporting the assertion that an animal poses a direct threat simply because of its breed" and "The Enforcement Office continues to take the view that restrictions on specific dog breeds are inconsistent with the current regulation." Delta's view is that "untrained, pit bull-type dogs posing as both service and support animals are a potential safety risk."

Delta stated in their policy update, "Pit bulls account for less than 5 percent of the overall dog population but 37.5 percent of vicious dog attacks." Thus, providing the DOT with facts to support their ban. However, there has long been federal precedent for this ban. A decade ago, all major U.S. military divisions banned pit bulls and several other dog breeds from privatized housing due to presenting an "unreasonable risk to the health and safety of personnel in family housing."

"The safety of our people is paramount," states Delta's policy update. "In 2018 alone, more than 40 instances of aggressive animal behavior occurred aboard a Delta aircraft," said Allison Ausband, Senior Vice President of In-Flight Service. "Our 25,000 flight attendants are my greatest responsibility, and I will do everything I can to keep them safe and send them home to their families in the same condition they came to work." Thank you for being a leader in safety Delta!

Learn why breed matters in service dogs and why pit bull service dogs are a bad idea. Primarily, pit bull "breed advocates," not advocates for the disabled, promote pit bulls as service dogs.

Some of the dog breeds most often categorized as pit bull-type dogs affected by Delta's ban.

Posted on September 20, 2019 by Colleen Lynn

2019 Dog Bite Fatality: 13-Month Old Boy Mauled to Death by Family Pit Bull in Granite Bay

A toddler is dead after being attacked by a family pit bull in Granite Bay, California.

Dog's Instagram Page
UPDATE 09/24/19: We located the 6-year old female pit bull that belongs to the baby's parents. The parents created an Instagram page for "Bella" back in July of 2015. Additional social media pages of the parents show the same dog as a young puppy on October 16, 2013. The parents had raised this pit bull from a puppy. The Instagram page shows just how much they adored this dog. On September 20, while a female relative was watching the baby, Bella fatally attacked the boy.

We re-watched the September 20 press conference of Lt. Andrew Scott to resolve conflicting reports of whether the child had ever had contact with the dog before. "The baby was 13-months old," Scott states. "A relatively new addition to the household. Sometimes when you have a new child come into the household with an existing family pet there can be issues. Not this severe, typically. It's just another thing to keep an eye on if you have a newborn in the house," Scott said.

13-months is barely "relatively new" and 13-months is not a "newborn." A newborn is a literal term (newly born) and is 0 to 2 months in age.

Sometimes in breaking news, wires get crossed. During the Fox 40 segment, where the "not had contact before" information originated, Lt. Andrew Scott is interviewed, but Scott does not state on camera that the toddler had never before had contact with the dog. The Instagram page of the baby's father shows the toddler had spent time with the dog, using hashtags #bellablue #thekiddos and #sundayfunday on an October 2018 photograph showing the pit bull and baby boy together.

In summary, the social media pages of the child's parents show the couple owned a 6-year old female pit bull that they doted on so much, they created the dog an Instagram page. The last photograph of Bella was posted on May 11, 2018. The child was born in early August 2018. The parents had raised this pit bull from a puppy. At the time of the attack, a female relative was babysitting and was in "very close proximity" with the child when the family pit bull attacked.

Notably, this may be the first fatally attacking dog in the U.S. to have it's own Instagram page.

Images of the 6-year old female pit bull "Bella" located on the parent's Instagram pages.

09/20/19: Family Pit Bull Kills Baby
Granite Bay, CA - A baby boy is dead after being attacked by a family pit bull, according to the Placer County Sheriff's Office. Deputies responded to a home in Granite Bay just after 3:00 pm Friday after a report of a dog mauling a 13-month old baby. The child was at home with a family member when the dog attacked. The person was able to free the baby from the dog and called 911. The child was transported to Roseville Medical Center, where he was pronounced dead.

Placer County Sheriff’s Lt. Andrew Scott said the family member was not the boy's parent. The deadly attack happened in the living room of the home and was unprovoked, according to the sheriff’s department. No signs of negligence were apparent. The dog is described as a 9-year old family pit bull. Placer County Animal Control confiscated the dog and placed it into quarantine. Detectives from the Crimes Against Persons (CAP) Unit are investigating the baby's death.

"The adult was with the baby when the attack occurred and didn't appear to hint at anything that the attack was coming." - Sheriff's Lt. Andrew Scott

Fox 40 News spoke to Lt. Scott, who said the child and the dog had not had contact before Friday -- which suggests the dog was visiting the child's home and the dog's owner, a relative, was babysitting the baby at the time. Fox 40 also described the pit bull as being only 6-years old. "This family has been completely devastated by what occurred," Lt. Scott said. "It's a very emotional situation at this time." The attack occurred in a home on Olive Ranch Road in Granite Bay.

CBS Sacramento, who went to the Granite Bay neighborhood last night, reports the 6-year old pit bull was a female. They interviewed a neighbor, Gavin Smith, who indicated the relative watching the toddler was a female. “My mom heard from somebody that there was blood on the lady’s face or on the kid’s face,” Smith said. Smith is also the owner of two large pit bulls. Smith can't figure out "how" this happened. This baby boy marks the 233rd child killed by a pit bull since 1980.

The last recorded fatal dog mauling in Placer County occurred in 2007, when 61-year old Cora Lee Suehead was brutally killed by four pit bulls belonging to a relative near her home. More recently, in 2016, in the neighboring county of Yuba, three pit bulls living in a dilapidated trailer belonging to Alexandria Griffin-Heady killed her 9-year old half-brother, Tyler Trammell-Huston, while he was on an unsupervised visit. The Yuba County DA declined to bring criminal charges.

Lt. Andrew Scott gives a press conference following the fatal pit bull attack in Granite Bay.

View the DogsBite.org Google Map: California Fatal Pit Bull Maulings.

Posted on September 11, 2019 by Colleen Lynn

New Page Launch: A Collection of Vicious and Dangerous Dog Hearings Containing Audio and Video at DogsBite.org

A new page dedicated to vicious and dangerous dog hearings at DogsBite.org.

Vicious Dog Hearings
DogsBite.org - We recently launched a new page within the Dangerous Dog section of our website: Dangerous Dog Hearings. The page highlights six hearings captured on video or audio, along with the second installment in a series of videos about San Francisco Animal Care and Control, which examines the city's Vicious and Dangerous Dog hearings. Most of the hearings listed on the page are from California, where audio recordings are part of the public record.

Many victims of dog attacks aren't even made aware of the dangerous dog designation hearing process, which are typically quasi-judicial. For instance, in parts of Texas, the victim must initiate the investigation by filing an affidavit. Animal control officers do not necessarily initiate the dangerous dog investigation. We have been told by multiple Texas victims they had no knowledge they were supposed to initiate the dangerous dog investigation themselves by filing an affidavit.

In many parts of the U.S., the steps to pursue a hearing are fraught with legal requirements or are derailed due to the failure of animal control departments to investigate cases that warrant a dangerous declaration (See a sizzling audit of Orange County, FL). We know that Los Angeles holds about 600 dangerous dog hearings annually (pop. 4 million), San Francisco 150 hearings (pop. 884k) and New York City (pop. 8.6 million) holds less than one OATH hearing per year.1

You will hear raw emotions from victims in these hearings and feel their pain. You will also hear "absurd" excuses by the owner's of vicious dogs.

Our goal in creating this page is to show dog attack victims what often occurs at an administrative dangerous dog hearing, also referred to as "Dog Court." You may face a neutral hearing officer, as was the case for Lana Bergman's family, or a biased one, such as former San Francisco hearing officer Jeff Foster, who was called out on the record. Both safety advocates and attorneys representing the owners of vicious dogs have called it "Kangaroo Court" in various jurisdictions.

"These hearings do not award any money for damages or cost. That is for an actual court to adjudicate. And while they can offer victims some sense of justice, their real purpose is to protect the public against future attacks from dogs known to be potentially dangerous," states the second installment about San Francisco. Evidence at these hearings can include: animal control reports; victim, witness and officer testimony; photographs; and medical records of the victim's injuries.

The Featured Hearings

In July, we obtained the audio of the Vicious Animal determination hearing involving the pit bulls that killed Lana Bergman. This is the only hearing where we provide an introduction. During the May 15 hearing, the San Bernardino County Animal Services officer reads his investigation report. This is the first time Lana's family has received "detailed" information about her case since her death on January 16. The hearing is 24 minutes long. We highly recommend listening to it in full.

Also in May, a woman in San Francisco testified after a pit bull named "Joy" viciously attacked herself and her dog. "Joy" had previously been the subject of a hearing in August 2017 for a separate attack. Hearing officer Foster, who presided over the case, did not declare "Joy" vicious or dangerous afterward, as the complainant failed to appear and could not be questioned. On May 22, 2019, "Joy" escaped its owner's property again and attacked this woman and her dog.2

"I'm the neighbor and her friend … I've lived in the apartment building next door to that house for the last -- since 1994. I work nights. I was sleeping on the couch in my living room. I hear all these screams ... I get up. I look down. I can see directly down on top of her through my window.

She's sitting on the ground, struggling with the dog. The dog is trying to get his jaws around her neck, but luckily she had her chin like this [motions chin down]. So, it's got one set of teeth into her chin on the side of her neck here. Had she had her chin up like this [motions chin up], he would have gotten her neck." - Testimony in "Joy" attack

Part of the hearing of "Tank" the pit bull was featured in the third installment in the series about San Francisco Animal Care and Control (SFACC). The hour and 17 minute hearing that resulted is unusual, as it was brought by SFACC on behalf of the dog, not the human victim. SFACC attempted to use the hearing to railroad Dan Perata Training with false testimony, a training facility that is a direct competitor to SFACC director Donohue's own dog training facility, Pet Camp.

The fourth featured hearing provides the powerful testimony of Officer Eric Evans. In the summer of 2012, Officer Evans was on patrol with his horse Stoney when a pit bull named "Charlie" charged and attacked them, taking both the horse and rider down. Stoney then fled with the pit bull in pursuit for 1.6 miles. The 23 minutes of testimony by Officer Evans is riveting. The "outcome" of the dog later evolved into a "Save Charlie" campaign and a sketchy fundraiser.

"Stoney is a thoroughbred racehorse off the track. He can run, but that's not what you do in defense. So I stood there. I held Stoney and when Charlie got to us, he stopped a short distance away, maybe six feet. Sniffed a couple of times, growled a couple of times, and I thought okay, it's not going to be that bad..."

"He ended up on the left side of Stoney and bit Stoney on the front leg and locked on. Stoney reared up. Now I'm holding on for dear life, obviously. As he's rearing up with the dog, with the pit bull hanging from his leg and me trying to stay on, and he's trying to get his balance -- we all go down. I land headfirst." - U.S. Park Police Officer Eric Evans

The remaining two featured hearings are appeals involving defense attorneys. One sees right away how their presence alters the spirit of these hearings. In the case of "Archi," an unaltered Dogo argentino that brutally attacked a jogger in Los Angeles, a panel of commissioners hears the case, not a single hearing officer. The commissioners warn the defense attorney a number of times, "You are not helping your case." At 24 minutes in length, it's swift and professional.

The last hearing is the most disturbing. We reduced its three hour length down to closing arguments (30 minutes). The hearing is more formal with a prosecutor and a defense attorney, but only plastic tables and fold up chairs are in the room. The hearing is held in Miami after three family dogs brutally killed 91-year old Carmen Reigada in 2015. The dogs "defleshed" her face and scalp. Her great-grandson pursued the hearing to keep two of the fatal attackers alive.

There are dozens of indeterminable crime scene photos on the tables. This was a gruesome fatality that began as a homicide investigation. Under this setting, the defense tears into a "lack of evidence" gathered by the county and argues that two of the dogs only inflicted "superficial" bites and should be returned to his client. Miami-Dade County, however, did not have to prove which of the dogs did the "most" damage. They only had to prove that all three dogs inflicted bites.

Summary

After surviving a vicious dog attack, most victims are shocked to learn, "You mean the city does not automatically put the attacking dog down?" No. While due process dictates an appeal process, depending upon your state law, such appeals can go on for years. Worse, some victims are never even told how to initiate a dangerous dog investigation after an attack or if the dog had a history of previous attacks. It's up to the victim to obtain that information through a formal FOIA request.

Finally, these hearings are often emotional and compelling, even with the predictable testimony that comes from the dog's owner. "He's always been a good doggie. He's gentle with kids." A fair amount of victim blaming is done as well. In the Dogo case, the defense attorney claimed the jogger was doing "martial arts" down the street. "Had it not been for the karate kicks, punches and aggression," the dog would have never jumped out of the yard, the defense brazenly argued.

The Dogo argentino "Archi" and American bulldog-mix "Bear" were ordered to be euthanized.

1Our public records request in September 2018 to NYC Department of Health and Mental Hygiene: "FOIL-2018-820-01029 -- number of OATH hearings held that were brought by the Department of Health and Mental Hygiene or other legal entity for the purposes of a "Dangerous Dog" hearing under Section 161.07 or 17-342, 17-345 for the following years and broken down by years (the number of OATH hearings by year) 2015, 2016, and 2017." Their response was 2017 - 1 case, 2016 - 0 cases and 2015 - 1 case.
2Joy was declared Vicious and Dangerous after the second attack and was ordered to be humanely euthanized. SFACC agreed that the "bite to the chin" was "very concerning."

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