Posted on March 23, 2019 by Colleen Lynn

2019 Dog Bite Fatality: Pit Bulls Attack, Kill Owner While She Visited Her Dogs in Bite Quarantine Facility

Johana Villafane, 33, died after her own pit bulls attacked her in Irving, Texas.

Vet Issues Statement
UPDATE 03/27/19: The veterinarian at O'Connor Animal Hospital, where Johana Villafane was brutally killed by her two pit bulls on March 23, and where the dogs had been staying in quarantine after a March 15 bite, has a released a statement. Dr. James Kang, DVM, stated Villafane's dogs were so aggressive his staff could not walk them and told Villafane the clinic could not keep her dogs due to their aggressive behavior, unless Villafane herself would walk them twice a day.

Dr. Kang's statement, however, must be weighed against another revelation. On Tuesday, London Pinder, a North Texas college student, told media outlets she was almost killed by a dog at the O'Connor Animal Hospital 15 months ago while working as an intern. A pit bull she was trying to put a leash on suddenly pinned her down and latched onto her neck. The dog nearly hit an artery. Pinder filed a dangerous dog report with Irving Police, but only got an apology from Dr. Kang.

Part of Dr. Kang's statement:

She brought 2 dogs for rabies quarantine in our office on March 18th 2019. I examined the 2 dogs at the time of admission. The male pit bull terrier was friendly, but the female pit bull terrier seemed to be scared as well as frightened. The next morning, our staff could not walk them in the backyard due to the dogs' aggressive behavior. We called the owner and told her that we could not keep her dogs in our hospital for quarantine due to their aggressive behavior, and the dogs will only be able to stay at our hospital unless she is able to walk them. Their family came to the office, twice a day, walking their dogs for a whole week without any incident.

Johana came into our office at 11am on Saturday, March 23rd 2019 to walk her two dogs.

She let them out in the backyard at 11:10am. We were very busy taking care of clients and patients all morning that we were unable to hear any noise or screaming that occurred in the backyard. One of our receptionists saw her laying in the grass in our backyard at 11:45am. She called 911 immediately for assistance. We were trying to reach her, trying to rescue her but were not successful because the two dogs were guarding her. Paramedics came in at 11:50am but could not get to her until the police arrived at 11:52am. The police discharged their weapons and shot the two dogs, then the paramedics attended to her and took her immediately to Parkland Emergency Hospital.

All parties involved in this sordid tale appear to be hopelessly clueless about dangerous aggression issues and the "select few" types of owners -- behaviorists, trainers and game dog breeders -- who could ever reliably manage such aggression. Villafane obviously did not fit the bill nor did any employee at Kang's animal hospital. Pinder, who was a teenager at the time, said staff members only had a "broom" available to fight off the pit bull that was clamped onto her neck.

911 Call Released

On April 1, CBS 11 published the 911 call made by an employee of the animal hospital. She states, "The dog bit her owner; she's on the floor." Over one minute into the call, the dispatcher is still trying to understand how urgent the call is. Finally, at 1:16 there is an indicator by the caller, "She's full of blood." At 2:25, dispatch asks, "What kind of dog is it?" She replies, "Pit bulls -- they're big." The dispatcher then realizes there are two pit bulls involved and wraps up the call.

CBS 11 reports there is surveillance video of the deadly pit bull attack. Police will not release the video due to its graphic nature, unless the Texas Attorney General requires it. A source also told CBS 11 the attack lasted 31 minutes before anyone at the animal hospital became aware of it. Now consider the statement by the caller again, "The dog bit her owner; she's on the floor." After a sustained mauling of 31 minutes by two pit bulls, Villafane would have been unrecognizable.

03/25/19: City Shelter At Capacity
Because the Irving Animal Shelter was at capacity for quarantine space, Johana Villafane, 33, boarded her two pit bulls at an Irving animal hospital, where the dogs fatally attacked her during a visit Saturday. The city-operated shelter would not have allowed her to visit during quarantine, police said. Villafane died after being mauled by her two pit bulls at the O’Connor Animal Hospital in Irving. Her two pit bulls had been ordered into quarantine after biting a man eight days earlier.

On March 15, the dogs escaped their property and attacked a man in his 20s, Public Information Officer James McLellan said. That night Villafane met police and animal control officers at her home on Windmill Lane. She was issued citations for having dogs at large and for not having rabies tags, McLellan said. The bite required her dogs to be quarantined for a 10-day period. Because the Irving Animal Shelter was "at capacity," Villafane was provided other alternatives.

Neighbor Grant Dickey, who spoke out earlier, clarified the length of time Villafane and her family had moved in -- about a year earlier. Dickey said he had several encounters with her dogs since then, including when the dogs broke through his fencing (on a previous occasion) and pushed through his back door, which apparently was not latched fully. Dickey took this photo of his damaged back fence after the March 15 incident, which involved a young man being bitten.

The dogs were about a year old, according to Public Information Officer James McLellan. The dogs are described as a black-and-white male pit bull, named Oliver, and a brown-and-white female pit bull, named Delfina. The police description matches the two pit bulls seen on a family member's Facebook page. The severity of injuries inflicted on the man in his 20s remains unknown. The Facebook fund for Johana Villafane has exceeded $15,500 in two days.

Two pit bulls that killed their owner while in bite quarantine for an attack eight days earlier.

03/24/19: Previous Biting Incident
New information has been release about the previous biting incident that caused both pit bulls to be ordered into quarantine. On Saturday, while 33-year old Johana Villafane was visiting her dogs in quarantine at a private animal hospital, the dogs fatally mauled her. The attack occurred when Villafane took them for a walk in an enclosed area behind the building. The first biting incident involved her pit bulls eating through a neighbor's fence and escaping into the neighborhood.

"A whole bunch of police and animal control people showed up to my house," Grant Dickey said. "They had seen the pit bulls going in and out of the hole that they made in my back fence and asked me if they were my dogs," Dickey said. "I said 'no, it's the neighbor's dogs. They broke through into my yard earlier.' And they said, 'well they bit somebody when they got out." Dickey said the dogs were "friendly, but aggressively friendly if you will. Jumping on you," Dickey said.

It is unknown who the first bite victim is or the severity of injuries the person suffered. Villafane's pair of pit bulls was a male and female. Previously, Public Information Officer James McLellan told WBAP the female pit bull was pregnant and attacked along with the male. Neighbor Rick Warner stated Saturday that Villafane and her family were new to the neighborhood on Windmill Lane. In 2018, 25% of all fatal attacks involved a dog or person new to a household (0-2 month period).

03/23/19: Pit Bulls Kill Their Owner
Irving, TX - A woman is dead after being attacked by her own pit bulls outside of an animal hospital. Police officers shot and killed the dogs. Johana Natalie Villafane, 33, was transported to Parkland Hospital in Dallas, where she later died. The attack occurred outside of O'Conner Animal Hospital, where the dogs were being held in quarantine after a bite earlier this week, Irving Police said. Animal hospital staff allowed Villafane to visit the dogs while they were in quarantine.

Animal hospital staff told police the pit bulls attacked her when she took them for a walk in an enclosed area behind the building, reports NBC Dallas-Fort Worth. An employee found her unresponsive with severe dog bite injuries. The dogs would not let animal hospital staff, fire or police officials near the victim. Police were forced to fire on the dogs, killing them. Irving police confirmed both dogs were pit bulls. Police are characterizing the attack as a "tragic accident."

The attack occurred about 11:45 am Saturday. Fox 4 News spoke to Irving Police Officer David Dickinson. "The dogs were involved in an incident earlier in the month in which they bit someone," Dickinson said. "They were here at the animal hospital being quarantined per regulations. She was attending to the dogs, coming up to the dogs, and it’s my understanding that she was walking the dogs when the event occurred." We expect significant news coverage in the coming days.

Previous Biting Incident

Police have not released details about the previous biting incident, but neighbors offered clues. Rick Warner, who lives down the street from Villafane, said he saw a marked Animal Services vehicle at Villafane's house recently. "Lights were flashing the entire time it was down there," Warner said. "We didn't know why, we didn't ask why, we didn't go down to find out why." Neighbors said Villafane and her family were new to the neighborhood on Windmill Lane.

Multiple news reports state the pair of pit bulls was a male and female. The Public Information Officer for Irving Police, James McLellan, told WBAP the female pit bull was pregnant and attacked with the male. Investigators will be looking into how long the pit bulls had been part of the family and whether they were adopted or raised from puppies. Villafane was a wife and mother of two children. A photograph on her husband's Facebook page shows the two family pit bulls.

Irving Police Officer David Dickinson gives press conference after pit bulls killed their owner.

Johana Villafane died after her pit bulls attacked her during quarantine for a previous bite.

View the DogsBite.org Google State Map: Texas Fatal Pit Bull 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 March 22, 2019 by Colleen Lynn

2019 Dog Bite Fatality: Two-Year Old Boy Mauled to Death by Two Roaming Rottweilers in Fresno, California

Jaysiah Chavez, 2-years old, was killed by two roaming rottweilers in Fresno.

Child Identified
UPDATE 03/25/19: A young boy killed by two roaming rottweilers in Fresno on Friday has been identified. Jaysiah Chavez, 2-years old, was attacked by the dogs while alone in front of his home about 11:00 am. His grandmother rushed outside to save him and was also bitten. The boy's grandfather was able to stop the attack by hitting the dogs with a pipe hose. The dogs were located a few blocks away and taken into custody. Earlier reports said the boy was one-year old.

The rottweilers escaped through a gaping hole under the owner's fencing. Theresa Davis, who lives next to the rottweilers, said the dogs had a history of digging themselves out. Davis told ABC 13 she discovered the newest hole a few days ago. She said she repeatedly voiced her concerns and even placed a garbage can over the newest hole. Davis said she had called animal control in the past. Central California SPCA said they have no record of complaints on the dogs' owners.

Friends have started a GoFundMe to help the family: In Loving Memory of Jaysiah

03/22/19: Police Press Conference
Fresno, CA - A 1-year old boy is dead after being attacked by two rottweilers in southeast Fresno. His grandmother was injured trying to save the boy. About 11:00 am Friday, police responded to a home in the 5900 block of East Kaviland Avenue. Officers found the boy in critical condition and began CPR on the child. He was transported to Community Regional Medical Center, where he was pronounced dead, according to Lt. Mark Hudson with the Fresno Police Department.

The investigation determined the boy wandered out of the family's home and into the front yard where the rottweilers attacked him. Other children in the home alerted the grandmother. She rushed outside and saw the two dogs attacking the boy. When she tried to get the dogs off the boy, the rottweilers attacked her, Hudson said during a press conference Friday. The boy's grandfather was able to get the dogs off the boy and his grandmother. The dogs then fled, Hudson said.

"It took the grandfather also coming out of the house to hit these dogs with the hose to get them to release the child." - Lt. Mark Hudson

The dogs were captured and taken into custody by the SPCA. Police continue to look for the owners of the two roaming rottweilers. "We do have officers in the neighborhood right now knocking on doors, seeing if anyone knows of these two dogs," Hudson said. Fox 26 reports the owner of the rottweilers was later located and relinquished ownership of the animals. Both dogs will be euthanized Friday afternoon. The owner said the dogs "dug under the fence" to get out.

Rottweiler Owner's Property

Footage from ABC 13 shows the property where rottweilers lived and a gaping hole under the owner's fencing. Investigators say the dogs dug a hole under the fence Friday morning, ran through a neighbor's yard, crossed Sunnyside and ended up in the front yard of the 1-year old boy. Theresa Davis, the next-door neighbor of the owner of the rottweilers, recognized the dogs on TV right away. "These dogs have been in our neighborhood for eight or nine years," Davis said.

Davis told ABC 13 the dogs have a history of digging themselves out. "Primarily on the back fence. They've come out the side gate of this property. And then recently, we discovered that hole a couple of days ago," Davis said. Fresno animal control claims they have no record of complaints on the rottweilers' owners. Davis said she repeatedly voiced her concerns; she even placed a garbage can over the recent gaping hole. Davis said she had called animal control in the past.

No criminal charges are pending against the rottweilers' owners. Because in Fresno, it's acceptable for a pair of large dogs -- rottweilers no less -- to repeatedly dig out from under a fence, roam the neighborhood and maul and kill a child who is in its own yard. Central California SPCA (CCSPCA), who provides animal control services to the city, told ABC 13 the owners have agreed "not to adopt" or to have any dog "that is considered dangerous" for the next three years.

ABC 13 footage shows a gaping hole under the owners fence where the rottweilers escaped.

The pair of rottweilers seen in quarantine after killing a 1-year old boy in Fresno, California.

A small memorial for Jaysiah Chavez, who was mauled to death by two roaming rottweilers.

View the DogsBite.org Google Map: U.S. Fatal Rottweiler Attacks By State

Posted on March 14, 2019 by Colleen Lynn

2019 Dog Bite Fatality: Man, 53-Years Old, Mauled to Death by Three Dogs in Galveston County, Texas

Jimmy Lee Grigg, 53, died after being attacked by three dogs near Santa Fe, Texas.

Cause of Death
UPDATE 03/20/19: Jimmy Grigg died of blood loss from the dog attack, confirmed Galveston County Sheriff Henry Trochessett to the Alvin Sun Wednesday. Trochessett received confirmation last Friday about the cause of death. Jimmy lived on the same property in the 5600 block of Highland Road with several other family members. The Griggs have owned the property for decades, reports The Sun. Jimmy died en route to Mainland Medical Center on March 13.

A relative who lives on the multi-home Grigg property owns (is caretaker of) the dogs that killed Jimmy. The dogs were formerly described as "cattle dog-mixes." The Sun reports new information, including that at least one of the dogs is a mastiff-mix, which lines up with our research on family member's dogs potentially living on the property at that time. No one mistakes a "cattle dog-mix" for a "mastiff-pit bull mix."1 At least, no official who is trying to be honest with the public does.

Jimmy Grigg was a central plant operator for Moody Gardens. "Jimmy loved fishing, kayaking, playing dominos, pool, cards and working in his mancave. He LOVED life," states his obituary. "Jimmy was loved by everyone and will be sadly missed, but we will always carry his memory in our hearts." Services for Jimmy were held Wednesday at Emken-Linton Funeral Home in Texas City, Texas. Sheriff Trochessett said the investigation into Jimmy's mauling death is ongoing.

03/14/19: Relative's Dogs Kill Man
Santa Fe, TX - A man died Wednesday after being attacked by three dogs belonging to a relative. The attack occurred in the 5600 block of Highland Road in the unincorporated area of Santa Fe in western Galveston County. Police responded to the home after a 911 call by the victim's brother at 3:50 pm, saying his brother had been attacked by the dogs and could be dead. Galveston County Sheriff Henry Trochesset offered few details to news media outlets in an interview Wednesday.

"He was picked up by EMS, CPR in progress, and was transported to the hospital," Trochesset said, "where he was later pronounced deceased." Trochesset said the breed of dogs is currently "unknown," but the dogs belonged to a relative. "It's a tragic situation for the family," Trochesset said. The Galveston County Sheriff's Office continues to investigate. The victim's identity has not been released by police. The Galveston County Animal Resource Center confiscated the dogs.

Fox 26 spoke to Katie Ewing, a neighbor. "How do you even let that happen, honestly? Were the dogs not in a pen or what?" Ewing said she filed several complaints with animal control prior to the fatal mauling. "Every morning for a good month straight it sounded like there was like dog fights going on," Ewing said. Whenever animal control would come out the property, they would say, "Oh, it looks all normal to me," Ewing said. "It's all really sad. My prayers are with them," she said.

A subsequent news report identified the victim as 53-year old Jimmy Lee Grigg. The dogs are also being described as "cattle dog-mixes." There were two males and one female. The Galveston County paper, The Daily News, reports that Sheriff Trochesset is not yet prepared to say whether the dogs killed the man, or if Grigg suffered some type of medical episode before the attack. It's unclear if sheriff's investigators have been able to interview family members since the attack.

A Galveston County Animal Resource Center truck at the scene of the fatal dog mauliing.

1Roy Gerald Grigg III (the third), a nephew of the victim, was the original owner of the mastiff-pit bull mix that we link to. He was incarcerated at the Galveston County jail at the time of the attack and still is (Case # 18-CR-2111). He has been incarcerated at the facility multiple times since 2015. He apparently also owns a second pit bull-mix. His address on prison records is listed as, 5637 Highland Rd. There have been "multiple" fatal dog attack cases in the past where an incarcerated person's dog(s) killed a person while under the caretaking of another party. We can't confirm that his dogs were involved in this fatal attack. So for now, this remains a footnote.

Posted on March 12, 2019 by Colleen Lynn

Alex Geiger, 27, Faced Three Felony Counts After Vicious Attacks

From left, the victim David Fear, and former officer Alex Geiger in court proceeding.

The criminal trial has ended for former police officer Alex Geiger. In 2016, his "retired" attack-trained k-9 killed a man and injured a woman. Please see the complete timeline of events.

Acquitted on All Charges
On Friday, the jury returned a verdict of not guilty on all three counts after a former officer's "retired" attack-trained police K-9 chewed through its owner's wooden fence and attacked two people, killing one. The felony charges against Alex Geiger were straightforward and prosecution presented sufficient evidence to prove each one. Geiger was charged with two counts of failing to maintain control of a dangerous animal and one felony count of involuntary manslaughter.

Due to this verdict, a "retired" police K-9 can now breakout of its property and savagely attack an innocent person without criminal culpability.

Geiger was fully aware of the propensities of his retired police K-9, named Neo, a dog dual-certified in detection and patrol work -- including obedience, search, apprehension and handler protection (bite work). 3.5 months before his dog killed David Fear, Geiger purchased K-9 Neo from the city of Exeter and signed a waiver freeing the city of any liability if the dog ever attacked under Geiger's "private" ownership. Thus, acknowledging the inherent dangerousness of K-9 Neo.

Also, 3.5 months before the dog broke through Geiger's fence and killed David Fear, Geiger began renting a house on Owen's Court, one block from the location of the deadly mauling. Prosecution presented evidence to jurors that upon renting the home, Geiger stated on the application for housing pets that Neo "will hopefully be a police dog again in the future." Just one month before the dog killed David Fear, Geiger was busy lobbying for a police K-9 program in Grover Beach.

On November 10, Geiger presented the police chief with a 140-page guide explaining how to form a K-9 unit in a small police department.

Neo was only 2.5 years old. This K-9 was not "retired" -- it was merely "between bites." On December 13, Geiger left Neo loose in his fenced backyard instead of securing the dog in the 5-sided kennel in his backyard, as K-9 policy teaches. Geiger returned home that morning and temporarily fixed a hole in his fence. By noon, Neo had chewed through the "fix" and menaced a mailman. By 1:15 pm, still loose in the neighborhood, Neo attacked David Fear and Betty Long.1

Geiger clearly failed to keep his attack-trained police K-9 "without ordinary care" (§ 399) -- the ordinary care required to secure a non-ordinary dog, one trained in apprehension and bite work. Geiger's actions were clearly "without due caution and circumspection," as well (Penal Code 192b). As dog bite attorney Ken Phillips states, pertaining to this verdict, "These are not ordinary dogs, not ordinary pets, and yet there are no standards for keeping them in our communities."

"The worst part about this "not guilty" verdict is the "get out of jail free" message. The defense was largely based on the absence of standard guidelines that would dictate how to protect the public from police dogs that are out of training. The defense used that argument to its advantage to get this particular defendant found not guilty, but the long term effect of the jury's decision will create the missing guideline. Freedom from criminal responsibility means less of a need to be vigilant. The guideline will admit more casual confinement of these dogs. Public safety will suffer." - Dog Bite Attorney Kenneth Phillips, DogBiteLaw.com

San Luis Obispo County District Attorney Dan Dow said he was disappointed with the result but was thankful to the jury for hearing the case. "The facts of this case are tragic for all involved and the incident has greatly affected the families of the victims, Mr. David Fear and Ms. Betty Long. Our staff at the Christopher G. Money Victim Witness Assistance Center will continue to provide available support to the victim’s families going forward," Dow said in a statement to KEYT.

A jury fully acquitted ex-@Grover_BeachPD officer for deadly K9 attack. Outside courtroom, a juror was heard telling defense that alleged victims’ families’ civil suit played a role in verdict. @SLOTribune https://t.co/GVkTTllNoV

— Matt Fountain (@MattFountain1) April 12, 2019

Editorial: Grover Beach Mauling Case Proves California Needs Tougher Laws on Attack Dogs

04/12/19: Closing Arguments
Closing arguments were heard Thursday in the criminal trial of former Grover Beach police officer Alex Geiger. In December 2016, his "retired" attack-trained police K-9, "Neo," escaped his property and attacked two people, killing one. Geiger faces three felony counts. Prosecutor Steve Wagner argued that Geiger was negligent in securing his backyard fencing and that Geiger knew the risks and liability of having a retired K-9 and was indifferent to the potential consequences.

The defense replayed videos of Neo playing with Geiger's other dog, a German shepherd. The defense strategy is to show that despite the dog's apprehension and bite work training, Neo was a "playful puppy" at home. Thus, Geiger had no way to foresee the brutal attack that left David Fear dead and Betty Long badly injured. During the trial, defense has also suggested that Neo attacked Fear because perhaps Fear held up a BB gun or garden tool, triggering the dog's attack training.

Another strategy advanced by the defense is that there is no uniform standard dictating how to house retired K-9s. "There's really not an industry standard. It's really what a particular city or jurisdiction wants," testified Ron Cloward, an expert witness for the defense. Cloward is testifying "free-of-charge" because he personally does not believe Geiger is guilty of a crime. A conviction, he believes, could have a chilling effect on police agencies using K-9s -- Cloward's line of work.

Overdue Wake Up Call

A retired attack-trained police K-9 means the canine is no longer active duty. Thus, a possible "chilling effect" on police K-9 agencies is doubtful. The way the police industry handles these dogs currently, at least in the instant case of Geiger, is through liability waivers. In August 2016, Geiger had to sign a waiver with the city of Exeter when he purchased Neo for $5,287, removing the city of any liability if the canine ever attacked someone while under Geiger's "private" ownership.

Developing safer policies is not a "chilling effect." They are a natural evolution in law enforcement and nearly all workplace environments.

The criminal trial of Geiger is a long overdue "wake up call" for the police industry. Officers with dogs trained in apprehension and bite work -- both active duty and retired -- are well aware of the capabilities of these dogs. As Judge Mullin stated during the preliminary hearing, "There is an inherent danger" with keeping retired police dogs. Mullin also stated that due to the absence of "standard procedures" for retired K-9s, maybe police agencies should do something about it.

03/30/19: Prosecution Rests
On Thursday, prosecution rested its case against former Grover Beach police officer Alex Geiger. In February 2017, Geiger was charged with multiple felony counts after his "retired" attack-trained police K-9, which he kept as a personal "pet" after leaving the Exeter K-9 unit four months earlier, killed 64-year old David Fear and seriously injured Betty Long, then 85. There have been few media updates since the trial began, possibly due to electronics being restricted in the courtroom.

After prosecution rested, Geiger's attorney, Melina S. Benninghoff, quickly filed a motion to dismiss the case citing "lack of evidence" during the trial. The motion to dismiss was denied by San Luis Obispo County Superior Court Judge Jacqueline Duffy. After a recess, Geiger took the stand and answered questions about his retired K-9's training and post active-duty behavior. Defense is trying to weave a narrative that Geiger had no instructions about how to keep his retired K-9.

On March 22, the San Luis Obispo Tribune reported that defense pointed to the confusion over which agency was in charge of the investigation -- Grover Beach Police or San Luis Obispo County Animal Services? Director of Animal Services, Eric Anderson, said that after arriving on scene, his agency worked in a "support" role for police. While on the scene, Police Chief John Peters asked Anderson if his agency could take over because Geiger was a city employee.

Anderson, however, did not start conducting an investigation until two days after the attack. When questioned by defense under cross-examination, Anderson testified, "My assessment was we would assume responsibility once (Grover Beach police) gave us their reports. It seemed to be understood that Grover Beach had collected a lot of information at that point." Defense hopes to use this confusion to call into question evidence that was or was not collected at the scene.

At that same time, jurors also heard testimony from witness and survivor Betty Long and two San Luis ambulance paramedics, who were early arrivals at the scene. One of the paramedics, Nicolas Drake, testified about treating Fear. His arms were "mauled or destroyed" with much of his skin removed between the wrists and elbows, reports The Tribune. "It was the most horrific injury I've seen," Drake said. Among other atrocities, Neo severed the radial artery in one of Fear's arms.

The criminal trial of Alex Geiger is scheduled to resume April 8 after a one-week break. Geiger's testimony will resume at that time and cross-examination by the prosecution will take place.

retired police k9 alex geiger criminal trial

Judge Jacqueline Duffy denies motion to dismiss in fatal dog mauling trial of Alex Geiger.

03/12/19: Opening Arguments
Drama unleashed in opening statements Tuesday, including the defense attorney brandishing a BB gun in front of the jury. Defense strategy appears to be "this was an accident" and the case is only a civil lawsuit matter. Prosecutor Deputy District Attorney Stephen Wagner stated that "safety was a distant second" in Geiger's mind, who knew or should have known that his attack-trained police K-9 was dangerous. Former officer Alex Geiger faces up to four years in jail if convicted.

Wagner said he would show jurors Geiger’s property management company’s application for housing pets on which Geiger reportedly wrote that Neo "will hopefully be a police dog again in the future." - San Luis Obispo Tribune

Geiger's 2.5-year old Belgian malinios, Neo, was not "retired" in any traditional sense. "Alex Geiger had plans to engage Neo in active service at the Grover Beach Police Department," Wagner said during opening statements. "That becomes an important issue as it relates to the case of Neo." An hour before chewing through a wooden fence and killing David Fear and seriously injuring Betty Long, Geiger's dogs had chased a mailman, who is scheduled to testify.

Wagner also took aim at the Grover Beach Police Department, alleging that officers "did not actively engage in evidence collection" after the attack. A BB gun and long-sticked garden tool were found near the scene of the attack. Wagner said a district attorney's office investigator had both items tested at a forensics lab; there was no evidence that either were used in the incident. This is the same BB gun defense argues perhaps Fear pointed at the dogs, triggering the attack.

During the trial, jurors are expected to see Geiger's body cam footage of his arrival at the scene of the deadly dog attack as well as hearing the 911 call made by Betty Long. In another revelation of what is yet to come in the trial, the prosecution accused Geiger's brother of talking to one of the jurors during a break Tuesday, reports KSBY. Both Geiger's brother and the juror were questioned in a closed session. The judge had to "remind" everyone not to talk to jurors to ensure a fair trial.

Criminal Trial Begins

San Luis Obispo County, CA - Opening arguments begin Tuesday in the criminal trial of former Grover Beach police officer Alex Geiger. On December 13, 2016, Geiger's "retired" attack-trained police K-9, which he kept as a personal "pet" after leaving the Exeter K-9 unit four months earlier, chewed through a fence and mauled two people, killing one. Geiger faces two felony counts for failing to maintain control of a dangerous dog and one felony count of involuntary manslaughter.

The criminal trial comes nearly two years after a preliminary hearing was held in July 2017, when we last published about this case. Superior Court Judge Hugh Mullin III ruled there was enough evidence for Geiger to stand trial. David Fear, 64, died from complications of blood loss due to his bite injuries three days after the vicious attack. Betty Long, then 85, suffered bite injuries and broken bones from falling. She was not released from a rehabilitation center until March 2017.

In August 2016, Geiger had to sign a waiver with the city of Exeter when he purchased this dog, removing the city of any liability if it ever attacked someone under his "private" ownership. Geiger's police-trained K-9, "Neo," was not retired in the traditional sense. Neo was only 2.5 years old. A month before the fatal attack, Geiger had unsuccessfully lobbied Grover Breach to start a K-9 program. Four months earlier, Neo had been active duty with Geiger in the Exeter K-9 unit.

Preliminary Hearing

The preliminary hearing, along with Judge Mullin's ruling, focused on "retired" police dogs and the absence of "standard procedures" to follow for officers and other owners of these dogs. Mullin stated, "Maybe police departments should do something about it." Mullin also stated, "There is an inherent danger (with keeping retired police dogs) and I think Officer Geiger knew that." Just an hour before the fatal attack, Neo chewed through its wooden fence and chased a mailman.

The preliminary hearing also revealed the questionable investigation by the Grover Beach Police Department after the deadly mauling. Geiger was on duty at the time and arrived on scene shortly after the first officer. There were numerous protocol violations, including, but not limited to: failure to closely inspect Geiger's broken fence, failure to collect and preserve certain evidence, turning off a body cam too early, and euthanizing and cremating the dog without a body examination.

Prior to the attack, the K-9 was not locked in Geiger's 5-sided kennel in the backyard, as K-9 policy teaches, but left loose in a fenced backyard.

We expect that defense will use the shoddy investigation by Geiger's "employer" to help bolster their client's Not Guilty plea. However, what was clearly established during the preliminary hearing is that Geiger had knowledge of his dog's vicious propensities and he failed to properly secure it. On the day of the fatal attack, Geiger placed both Neo and his German shepherd in his fenced backyard, where he also had a 5-sided kennel. He did not secure either dog inside the kennel.

Case Background

On December 13, Geiger's Belgian malinios, Neo, a dual-certified police K-9 in detection and patrol work (bite work), escaped his property and attacked Betty Long and her neighbor David Fear who intervened to save her life. Fear suffered life-threatening injuries, including two arteries in his arms being severed. He died three days later while hospitalized. Long suffered serious bite injuries and broken bones from falling. Long was released from a rehabilitation center in March.

In September, Geiger was hired by Grover Beach, which has no K-9 unit. For weeks after the attack, the city would not release the officer's name or details about the dog's training. An expose by The Tribune, detailing Geiger's previous employment, showed that Neo was a dual-certified police K-9 and that a month after Geiger began working for the city -- and a month before his dog attacked Fear and Long -- Geiger unsuccessfully lobbied for a K-9 program in Grover Beach.

Prior to joining the city of Grover Beach, Geiger had worked at the Exeter Police Department in Tulare County with the last year spent as a K-9 patrol officer with Neo. Six months before Geiger moved to Grover Beach -- taking the dog with him as a "pet" -- Neo had bitten a trainer during a "bite suite exercise." The K-9 was not taken out of service afterward. When Geiger purchased the dog from Exeter for $5,287 in August, he signed a waiver relieving Exeter of any future liability.

Wooden fence that Alex Geiger's retired police K-9 chewed through to reach both victims.

1We initially stated the dog escaped "multiple" times because it was our understanding that after the mailman incident at noon, the two dogs were returned to the backyard fenced area then broke out again about an hour later. Instead, the dogs escaped once and remained loose until attacking Fear and Long at about 1:15 pm.

Review: Complete timeline of events | Review: Attack and complete case background

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