Posted on October 15, 2014 by Colleen Lynn

2014 Dog Bite Fatality: Neighbor's Pack of Pit Bulls Kill Modesto Man, Critically Injure His Mother

Juan Fernandez, 54, was savagely killed by his neighbor's pack of pit bulls.

Survivor Recounts Attack archived
UPDATE 11/04/14: Maria Fernandez, 77, was initially treated in an intensive care unit for multiple traumatic injuries after four pit bulls belonging to her next-door neighbor viciously attacked her and her son. Maria is now recovering at Evergreen Nursing and Rehabilitation Care. Among other injuries, both of her hands were broken during the attack and her right leg was broken below the knee. Her son, Juan Fernandez, 54, suffered so many critical injuries that he did not survive.

Maria told The Modesto Bee the dogs had come onto her property two or three times in the past after digging a hole between the yards. Each time, the animals were returned to the neighboring property and the neighbors patched up the fence. The dogs often barked at them, Maria said. She was afraid of the animals. She said that both she and her son were inside on October 14 when Juan saw the pit bulls in their yard again. He went outside and she soon heard him shouting.

The dogs were attacking him. She grabbed a broom and rushed outside. The pack of pit bulls then turned their attention on her, knocking her to the ground. "I put my arms over my face, and they were biting my arms," Maria said. She was able to get to her feet with her son's help. The dogs then resumed their vicious attack on Juan, which ended in his death the next day. Maria was able to get back into her home and collapse on the couch, one leg bleeding from a serious wound.

"I try not to think about it. Sometimes it gets into my mind, and I try to get it out of my mind." - Maria Fernandez said of the attack

Two family members said the owners of the pit bulls moved away after the attack.1 Her sister, Guadalupe Vela of Mercedes, Texas, took a bus 1,900 miles from south Texas to Modesto upon learning of the attack, where another sister joined her. The two have been raising funds to pay for Juan Fernandez's funeral and burial. So far family members have raised about $1,000 by placing donation cans at businesses and flea markets. They still need to raise about $2,600 more.

11/01/14: Bold Local Editorial: Bring Charges archived
The Modesto Bee published a powerful editorial about this horrific fatal dog attack on Friday (Pit bulls can be deadly; hold owners accountable). On October 14, Juan Fernandez, 54-years old, and his mother, Maria Fernandez, 77-years old, were savagely mauled in their own yard by a pack of pit bulls owned by their neighbor. Juan did not survive his traumatic injuries, it is a miracle that his mother did. The Modesto Bee editors believe the deadly attack warrants criminal charges.

"Four pit bulls equal danger," said attorney Kenneth M. Phillips, the leading California attorney in dog-bite cases. "When you have a dangerous condition, you have to take steps to correct it."

The editorial questions the bizarre lack of laws to prosecute owners of uncontrolled recognized dangerous dog breeds. "A rolling car, an exploding gas can, a random gunshot all would likely result in charges. Why not death by dogs?" states the editorial. It adds, "Where is the justice if a death is insufficient for charging the owner of four pit bulls -- a breed known for its violent attacks on humans and other animals?" These are excellent questions that lawmakers need to answer.

The editorial also questions the sanity of "pit bull glorifying" TV shows. "Some people, unable to own a gun, get a pit bull. You can watch them on the TV show 'Pit Bulls and Parolees' on Animal Planet," states the editorial. Renowned attorney Kenneth Phillips, of dogbitelaw.com, who is featured in the editorial, adds, "You’ve got this whole bunch of people not allowed to carry weapons so they arm themselves with pit bulls and somehow this has turned into a TV series to glorify them."

The editorial asks that lawmakers "step up and fix" antiquated county and state laws that fail to hold a dog owner responsible, in this case after killing one person and critically injuring another. Some suggestions include: alarming their fences, "just as gates in fences around swimming pools are alarmed" or requiring owners of aggressive breeds to double fence their property or, at the very least, require people who own these kinds of dogs to carry significant liability coverage.

Finally, the editorial sees through the nonsense of pit bull devotees, who never offer solutions beyond, "loving away the ferocity of these aggressive breeds." The carnage is piling up and has been for over 30-years. Excuses for lawmakers are running thin. Many states can't even criminally prosecute the most egregious attacks involving loose aggressive breeds killing an innocent person who is on the their own property, as this case and the death of Klonda Richey in Ohio shows.

10/21/14: Mauling Survivor is Improving
On Monday, The Modesto Bee reported the first update on the medical condition of 77-year old Maria Fernandez. She was placed into a medically induced coma after four pit bulls belonging to her neighbor critically injured her and mauled her son to death last week. Maria has been transferred out of the intensive care unit and is expected to survive, according to Stanislaus County Sheriff Adam Christianson. She remains hospitalized, but is now listed in stable condition.

An autopsy conducted Monday on her son, 54-year old Juan Fernandez, determined that he died from massive blood loss when he was attacked by four pit bulls on October 14 at his Glenn Avenue home. He suffered multiple traumatic injuries and died the next day. Due to the extent of his injuries, the pathologist could not determine how many bites had been inflicted, according to Detective Josh Sandoval. Arriving Stanislaus County deputies shot and killed all four pit bulls.

The investigation continues with conflicting media reports. Sandoval states in The Modesto Bee article, "Evidence at the scene shows that both victims were present in the backyard; however, there were no eyewitnesses to how the attack began." Deputies found Juan Fernandez unconscious and unresponsive in the backyard of his home. While searching his home, they discovered his mother inside with "multiple traumatic bite wounds," also attacked by the dogs.2

Sheriff "Braces" Public for Inexplicable

Since last week, Sheriff Christianson has been "bracing" media members and the public with the inexplicable reality that criminal charges are unlikely. It appears in Stanislaus County one can own four pit bulls that escape their fenced property, maul a man to death in his own backyard, then in a vicious "home-invasion" attack, nearly maul to his mother to death too. We pray that Maria, now out of a medically induced coma, can provide sheriffs officials with crucial background details.

"We certainly want to hold someone criminally accountable for this tragedy. Unfortunately, the harsh reality is that in order to charge a criminal act, there has to be a provable act of negligence. If we're unable to prove that the dog owner was negligent in some form or fashion, there's no way we’ll be able to present a prosecutable case to the district attorney." - Stanislaus County Sheriff Adam Christianson

The sheriff's answer suffices after a 1984 fatal pack attack, but fails miserably 30-years later and 315 dead Americans later, all killed by pit bulls. Attorney Kenneth Phillips stated last week, "There is definitely a criminal angle. You have four pit bulls, pit bulls are known to be dangerous, dogs in a pack are known to be dangerous and it's illegal for them to be out. This would be like owning four loaded guns, and if you have four loaded guns, you don’t leave them out, you lock them up."3

10/15/14: Dog Mauling Victim Identified
The 54-year old victim has been identified.4 Juan Fernandez of Modesto died of multiple traumatic injuries inflicted by the dogs, authorities said Wednesday. His mother, 77-year old Maria Fernandez, remains in critical condition in a medically induced coma. The four pit bulls belonged to the victims' neighbors and got into the victims' yard by digging a hole under a shared fence, according to Stanislaus County Sheriff Adam Christianson. The owners could face charges.

In order to pursue criminal charges, Christianson said authorities would have to show that the owners of the pit bulls were negligent. "There is still a lot of work to do," he said. "We have to be able to finish the investigation to determine what happened that led up to this tragedy," Christianson said. Investigators will be looking to see whether the dogs had a history of vicious behavior or any contact with animal control prior to the attack concerning bites or vicious behavior.

Similar Circumstances, Dog Owners Charged

In 2011, San Diego County authorities criminally charged a mother and daughter after their two pit bulls crawled through a hole in the fence and brutally mauled their neighbor, 75-year old Emako Mendoza. The victim suffered catastrophic injuries requiring multiple surgeries and two amputations, and arm and a leg. Alba Cornelio and her daughter, Carla Cornelio, were charged with serious bodily injury from a mischievous animal, a felony, along with multiple misdemeanors.

Six months later, on Christmas Eve, Emako died. A few weeks before her death, she underwent a third amputation, her remaining leg, due infection within the bone. Prosecutors increased charges to involuntary manslaughter, death from a mischievous animal and multiple misdemeanors. In February 2013, a jury found both women guilty on all charges. Carla Cornelio, 21, was sentenced to 4-years in prison. Her mother Alba Cornelio died of medical issues prior to being sentenced.

10/15/14: Man Dies After Pit Bull Attack
Modesto, CA - In a developing story, a 54-year old man horrifically mauled by pit bulls Tuesday night has died from his injuries, according to sheriff's officials. The man's 77-year old mother, who was also violently attacked by the dogs, remains in critical condition at Doctors Medical Center in Modesto. At this time sheriff's investigators are still trying to learn who owns the four pit bulls that were involved in the mauling, according to Stanislaus County Sheriff Adam Christianson.

On Tuesday at about 5:45 pm, deputies responded to a home on the 800 block of Glenn Avenue. The location is very close to Bret Harte Elementary School. Deputies arrived to three pit bulls mauling a man in the backyard; the fourth pit bull was circling the vicious attack. They shot and killed two of the pit bulls immediately then later shot the other two as well. Deputies found the injured female victim inside the house; she had also been attacked by the same pit bulls.

Sheriff Adam Christianson told CBS San Francisco, "We’ve seen bites involving pit bulls before. But never four dogs on a single human being to the point that the victim in this case was unconscious and unresponsive." Christianson said the dogs were from the neighborhood, but the identities of the owner(s) is still undetermined. Neighbors said they had seen the dogs loose in the area before. The investigation is ongoing. The names of the victims have not been released.

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

1Moved or fled the country? The latter would not be the first time after a serious or fatal dog attack. Yet another reason to arrest the dog's owner as soon as possible after an attack of these circumstances.
2Sheriff Christianson said last week, "She was attacked inside the residence, so we’re trying to piece together all the facts and circumstances..." Also, there were witnesses when the pit bulls brutally mauled her son.
3A fatal pack attack involving four at large pit bulls -- or other recognized dangerous dog breed -- should be sufficient in proving negligence.
4The deceased victim's age is being reported as 54 and 59.

Posted on October 15, 2014 by Colleen Lynn

Dog Bite Victims' Advocacy Group Turns 7-Years Old

Austin, TX - October 15, 2014 marks the seventh year that DogsBite.org has been operating on the World Wide Web educating the public, dog bite victims, attorneys, doctors, law enforcement, journalists and policymakers about the growing epidemic of serious and fatal dog maulings in this country. The vast majority of these severe attacks are inflicted by a handful of well-documented dangerous dog breeds. Our website is now over 2,200 pages and hosts over 500 PDF files.

The cornerstone of DogsBite.org is conducting high quality research and analysis about U.S. fatal dog maulings that identify underreported high-risk injury scenarios, primarily involving children. We uncover trends that are unknown to the CDC and other researchers. For instance, in 2013, 38% of all dog bite fatality victims were either visiting or living temporarily with the dog's owner when the fatal attack occurred, up from 32% in 2012. Young children accounted for 83% of these deaths.

Our dedication, research and analysis saves lives by providing parents critical safety information that is often not widely distributed.

At the end of 2014, DogsBite.org will have collected 10-years of U.S. dog bite fatality information. It is our mission to collect and closely analyze this data, including subsequent criminal trials and legislation that comes in response to a devastating fatal dog mauling, because the fundamental U.S. government agency that should be closely tracking this information, the CDC, stopped in 1998. It is our mission to prevent these horrific attacks no matter the hurdles that lay in our path.

In 2011, we launched Fatal Pit Bull Attacks - The Archival Record, tracking the growing number of Americans killed by pit bulls. As of today, 255 people have been mauled to death by pit bulls since the CDC stopped tracking breed data in 1998, and since 1980, 336 killed. Earlier this month, we launched a separate list: Fatal Pit Bull Attacks - Child Fatalities. As of today, 133 children have been struck down by these dogs since 1998, and since 1980, 184 dead. This is unacceptable.

Good Strides, Still a Ways to Go

Despite our strides over the past 7-years, we still suffer a difficult fate: Many parents do not find us online until it is too late. Many parents are "so close" to understanding the danger these dogs pose to their children, but still agree to a "temporary" situation, allowing the dog to stay in their home for a short while, or allow their child to visit the home of a spouse or babysitter who owns a pit bull -- a risk factor today that accounts for nearly 4 times the number of deaths inflicted by chained dogs.

Why don't more of these parents just say no, especially when they already have misgivings? Because the readily available information (pumped out by Cesar Millan, AVMA and the Pit Bull Propaganda Machine) claims "It's all how you raise them." Add to this that the common understanding of a "dog bite" is a minor injury that might require a few stitches. Many people simply have no idea what a "mauling injury" entails, permanent disfigurement or loss of limbs.

As stated in our CDC Remedy document, 93% of all dog bites fall into the "garden variety" category requiring very little medical attention. The remaining 7% is the focus of DogsBite.org, severe injuries requiring emergency room treatment (5%) or hospitalization (2%) and in some cases death.1 When more parents understand severe "mauling injuries," they can make better choices, one of which is to simply say no if asked, "Can I bring my pit bull into your home?"

A Special Thanks to Our Donors

Our website, ongoing research and our ability to travel to locations to present vital testimony would not be possible without donations from across the country and around the world. We thank all of our donors so much for making our mission possible and for making our 7th birthday a reality. You have had great faith that we would persevere and we ARE! Together, with your continued support, we will keep fighting and we will see an end to senseless "mauling injuries" and fatal attacks.

Key Benchmarks in Past 7-Years

Lastly, every year brings new benchmarks of progress. The last 12-months in particular mark the growth of the victims' advocacy movement across the country. There are so many new websites, blogs and Facebook pages advocating on behalf of victims and breaking down the dangerous myths proliferated by pit bull owners that it is hard to keep track! With that, we leave readers with some of the key benchmarks of DogsBite.org and the advocacy movement over the last 7-years.

2014 (Oct) - The citizens of Aurora will vote on whether to keep their pit bull ban in a first general election ballot measure of this kind.
2014 (Sep) - Artist unveils first memorial for U.S. fatal dog mauling victims at ArtPrize 2014 in Grand Rapids, Michigan. | Official website
2014 (Jul) - Nonprofits urge CDC to resume tracking richer data set for children and adults disfigured, maimed and killed by dogs.
2014 (Jun) - The Problem With Pit Bulls by Charlotte Alter - Time Magazine. A national publication shares our side of the story from multiple voices.
2014 (May) - Missouri: Proposed statewide bill prohibiting breed-specific ordinances fails during the legislative session.
2014 (May) - Third national event: A Night Of Remembrance For Those Killed In Canine Attacks, held in Philadelphia, Pennsylvania.
2014 (Mar) - New nonprofit, Daxton's Friends for Canine Education and Awareness, launches in Troy, Wisconsin.
2014 (Jan) - Pit bull fatalities rise to highest percentage, 78%, since DogsBite.org began tracking and collecting U.S. dog bite fatality data in 2007.2
2013 (Oct) - Second national event: Kaylie's Candlelight Vigil for Victims of Dangerous Dogs, held in Sacramento, California | Official website
2013 (Jul) - DogsBite.org releases, Beyond the Interview - Essay of a Fatal Pit Bull Mauling, detailing the aftermath of a fatal pit bull mauling | Read essay
2012 (Dec) - The Solesky family releases 911 call at the center of high court decision, Tracey v. Solesky. Video created, edited by DogsBite.org | Watch video
2012 (Oct) - First national event: Walk for Victims of Pit Bulls and Other Dangerous Dogs, held in Tucson, Arizona. | Official website
2012 (Aug) - Vote in Miami-Dade County to repeal pit bull ban fails by a wide margin, 63% of voters favor keeping the pit bull ban.
2012 (Jun) - Injury Prevention publishes study showing reduction of dog bite hospitalizations after cities adopted pit bull bans in province of Manitoba, Canada.
2012 (Apr) - Maryland Court of Appeals declares pit bulls "inherently dangerous," attaches strict liability when a pit bull attacks a person.
2012 (Jan) - Editor of Animal People, Merritt Clifton, releases 30-Year Summary of Pit Bull Trends, showing surge of attacks post Michael Vick conviction.
2011 (Oct) - DogsBite.org launches key document: Estimated U.S. Cities, Counties, States and Military Facilities with Breed-Specific Laws.
2011 (Oct) - DogsBite.org submits amicus brief to Maryland Court of Appeals in landmark case, Tracey v. Solesky. | Read brief
2011 (Apr) - Annals of Surgery publishes, Mortality, Mauling and Maiming by Vicious Dogs by John K. Bini, MD, Stephen M. Cohn, MD et al.
2011 (Apr) - DogsBite.org receives 501(c)(3) tax-exempt status from the IRS on April 18, 2011. Donations become tax-deductible.
2011 (Jan) - DogsBite.org launches Fatal Pit Bull Attacks - The Archival Record, a growing archive of fatal pit bull attacks dating back to the 1800s.
2010 (Jul) - Off Lead & Animal Behavior publishes, Pit Bulls by Gary Wilkes, a 21st Century depiction of the American pit bull terrier | Read article
2010 (Jun) - DogsBite.org releases: Cities with Successful Pit Bull Laws; Data Shows Breed-Specific Laws Work (2008 to present) | View post
2009 (Aug) - U.S. Marine Corps bans pit bulls, rottweilers and wolf-hybrids from all privatized housing both domestically and abroad.
2009 (Jul) - DogsBite.org releases: Pit Bulls Lead 'Bite' Counts Across U.S. Cities and Counties (2008 to present).
2009 (Jun) - DogsBite.org releases report: U.S. Police and Citizen Shootings of Pit Bulls (January 1 to December 31, 2008).
2009 (Apr) - DogsBite.org releases 3-Year fatality study: U.S. Dog Bite Fatalities (January 1, 2006 to December 31, 2008).
2009 (Jan) - U.S. Army bans pit bulls, rottweilers and several other recognized dangerous dog breeds from all privatized housing.
2008 (Dec) - DogsBite.org launches first series of State Pit Bull Fatality Maps beginning with California and followed by Texas.
2008 (Oct) - DogsBite.org releases 5-minute video of attack victims and national statistics on Pit Bull Awareness Day 2008 | Watch video
2008 (Feb) - United States Supreme Court leaves intact Ohio Supreme Court's ruling that breed-specific legislation is constitutional when properly written.
2007 (Oct) - DogsBite.org launches from Seattle, Washington. The first snapshot of the website appears in Internet Archives in early November.

Donations to DogsBite.org are tax-deductible
Help keep our mission of prevention alive by contributing today

1Section II: The CDC Obfuscates "Bites" with Mauling and Maiming Injuries and Deaths (Page 7).
2We have more years of fatality data than our age of 7 because we also collected data from 2005 and 2006.

Posted on October 14, 2014 by Colleen Lynn

Vote No on Pit Bull Ballot Question, Proposition 2D

Vote No on Proposition 2D
Aurora, CO - On October 14, ballots will begin to be mailed to all registered voters in Aurora, Colorado. In a first ever general election vote, the public will be asked the following: "Shall the people of Aurora adopt an ordinance allowing pit bulls back into their city?" We urge residents of Aurora to vote no. The City of Aurora adopted a pit bull ban in 2005. Since this time, serious pit bull maulings have virtually been eliminated. The Aurora pit bull ban is a proven success.

The Aurora pit bull ban is a proven human success, a proven humane success and a proven legal success.

Proven Human Success

The number one goal of a pit bull ban is to drastically reduce and to eliminate horrific pit bull maulings. Aurora's pit bull ban has accomplished this. There has not been an extreme human mauling in Aurora in many years. Statistics provided by the city's animal care division in March also show that overall pit bull bites have been reduced by 73% since adopting the ban. The Aurora pit bull ban is a proven human success. May Aurora residents continue to enjoy this safety!

"Since the ban has been in place, bites are down 73 percent from pit bulls," said Cheryl Conway, a spokeswoman for the city’s animal care division.
--- snip ---
“There hasn’t been a human mauling in many years. Complaints and requests related to pit bulls are down 50 percent." - Cheryl Conway, Aurora Sentinel, March 2014

Proven Humane Success

The Aurora pit bull ban is a proven humane success. In the same March article, Cheryl Conway, a spokeswoman for the city's animal care division, said that before the ban was enacted, up to 70% of shelter space was occupied by dangerous or unwanted pit bulls. The level now is only 15%. Moreover, since the adoption of the ban, euthanasia of pit bulls is down 93%. Achieving this 93% reduction is a victory that most city shelters in the U.S. can only dream of accomplishing.

Why is the euthanasia of pit bulls so low in Aurora? Because the heart of a pit bull ban contains the critical ingredient to make this possible: mandatory sterilization of existing pit bulls. When Aurora's ban was adopted, grandfathered in pit bulls were required to be registered, sterilized and insured. This, combined with prohibiting new pit bulls, dramatically reduces the population of pit bulls within a community, thus dramatically reduces shelter intake of unwanted pit bulls.

According to city documents, before the ordinance was enacted in 2005, up to 70 percent of kennels in the Aurora Animal Shelter were occupied by pit bulls with pending court disposition dates or with no known owner. That number is now only 10 to 20 percent of kennels.
--- snip ---
“Euthanasia of pit bull dogs is down 93 percent. Of those few that are put down, they are primarily those that come in as strays and their owners don’t come to claim them.” - Cheryl Conway, Aurora Sentinel, March 2014

Proven Legal Success

Both the Aurora and Denver pit bull bans have withstood numerous legal challenges and prevailed each time. These ordinances are both legal and constitutional in the eyes of appellate justices. Additionally, back when Aurora's ban was challenged in 2009, it was a fighting breed ban that included 7 dog breeds, and their derivative breeds, along with pit bulls. Aurora's original fighting breed ban is a proven legal success and continues to serve as the Model Fighting Breed Ban.

What if the Ban is Repealed?

Denver, officially the City and County of Denver (the Denver pit bull ban pertains to both), directly borders Aurora. Nearby Commerce City also bans pit bulls. Prior to Aurora adopting its ban in 2005, not only did the city experience vicious pit bull maulings, but also a high influx of pit bulls banned in bordering and nearby jurisdictions into their shelter system. This scenario will replay itself within 15 months of the ban being repealed. Aurora, essentially, will be back to square one.

Because of the boarding jurisdictions that ban pit bulls, the situation in Aurora might be worse than what occurred in Cincinnati after it repealed its longstanding ban in May 2012. 15 months after the repeal, shelter occupancy of pit bulls in Cincinnati city shelters increased up to 85%. Horrific maulings began as well, beginning with Bulah Shaef, 73, in December 2013 and the extreme mauling of Zainabou Drame, 6, in June 2014, causing city officials to reconsider the repeal.

The public outcry after the horrifying Zainabou attack was immense. Her grandfather described her injuries as, "One dog grabbed her face and literally tore it off. The other one pulled her mouth off." He was not exaggerating. She has severe facial injuries, a dislocated and broken jaw and she lost her tongue in the attack. Current medicine has no way of restoring her speech. She is home from the hospital now, but faces years of future surgeries and may never be able to speak again.

Turn the Corner on the Pit Bull Problem

Cities like Aurora and Denver have turned the corner on the pit bull problem. Across the country, in cities that do not regulate pit bulls, there has been a dramatic rise in pit bull maulings since 2007, the year of Michael Vick. Last September, we compared Pawtucket's successful pit bull ban to what is occurring nationally from 2002 to 2013. Pit bull attacks in Pawtucket nosedive after adopting a pit bull ban in 2004. Nationally, pit bull maulings across the U.S. skyrocket post 2007.

View comparison charts: Vote no to ensure that Aurora continues to avoid Table 2

View Colorado Breed-Specific Laws in a larger map

Posted on October 9, 2014 by Colleen Lynn

One of Two Victims Killed by Littermate Dogs in a 5-Month Period

The criminal trial is underway after Joan Kappen, 75, was killed by a bullmastiff-mix.

Both Found Guilty archived
UPDATE 10/09/14: Some of our readers followed the live Twitter feed last night as the jury deliberated and reached a verdict. Though both were found guilty, Brande Coy was only found guilty of "misdemeanor" negligent homicide. Brande had been charged with felony manslaughter and deserved a felony conviction and felony level jail time. She left Joan Kappen dying in a ditch for at least 30 minutes before even calling 911. Her depraved indifference was monumental.

Brande Coy received 60 days in jail and one year probation. In a twist, her daughter Emily Coy -- who most thought would walk free -- received a slightly stiffer sentence of 120 days in jail and one year probation. Emily owned the bullmastiff-pit bull mix that horrifically killed Kappen, but was not present when the animal attacked her nor did Emily let the dog run free that morning. Those actions all fell squarely upon her mother Brande. Both Coys will also have to pay $2,500 in fines.

Hans Kappen spoke to THV11.com after the trial. "I am happy with this particular case, that they both got guilty charges," he said. "They both knew this dog was vicious. All the evidence pointed in that direction." He added, "Not only did I lose my wife, but my best friend and also, Arkansas lost a woman that devoted her life to helping others."1 The jury spent over 4 hours deliberating. The judge warned both Coys that an appeal would take longer than serving out their sentences.

10/08/14: Jury is Deliberating Verdict
Closing arguments were given today and the jury began deliberating. Macy Jenkins of THV11.com is live tweeting from the courthouse. As of 8:20 pm Central time Wednesday, there is still no verdict. The jury requested pizza at about 6 pm. "It may be awhile," Jenkins tweeted. The jury may also be sent home and asked to finish tomorrow. On November 21, 2013, a bullmastiff-pit bull mix under the care of Brande Coy horrifically killed Joan Kappen. The dog had a history of aggression.

Highlights of today's trial include Hans Kappen telling prosecution, "It is like she had a grenade in her hand and tossed it out into the yard." The prosecution likened releasing the dog to "running with scissors." Brande knew something bad would happen. Brande Coy testified today summoning poor "medical condition" excuses. She let dog out alone that day, because "I went to check my blood sugar," she said. And, she was "confused" during her testimony today "due to MS."

UPDATE 10:05 pm: Watching the live Twitter feed tonight was intense and emotional. From one moment it was, "Jury finds Emily Coy guilty of unlawful dog attack. Brande Coy guilty of negligent homicide" to a correction in the next moment, "UPDATE: Brande Coy found guilty of *misdemeanor* negligent homicide," dashing all hopes of justice for Joan Kappen and her dear husband Hans. We are shaken and devastated. The jury is now deliberating the sentencing.

10/07/14: Testimony Begins in Dog Mauling Trial archived
Jurors heard testimony from over 15 people on the opening day of the trial. First responders, police and animal control officers testified along with friends and family members of the victim and the two defendants. Joan Kappen, 75-years old, was attacked and killed by the defendants' bullmastiff-mix dog last November. Only one defendant, Brande Coy, faces a felony manslaughter charge. Her daughter, Emily Coy, was away at the time of the attack. She faces a misdemeanor.

A number of people testified about the history of the dog and the animal's history of biting and aggression. They also testified that the dog was a littermate of a dog that killed a 5-year old boy in Jessieville about 5-months before Kappen was killed. Through this testimony, prosecutors tried to establish negligence and recklessness on the part of the two defendants. The victim's husband, Norbert "Hans" Kappen, plans to do an interview with THV11.com as soon as the trial is finished.

Later this evening, KATV.com reported more information. When Norbert took the stand today, he testified, "I saw a naked body in a ditch." He said he didn't recognize her at first, but then saw a bloody pile of clothes and knew they belonged to his wife. Horrifically, Norbert saw the whole scene after the deadly attack. According to several witnesses, when firefighters arrived, she was still alive, but could not speak, she could only utter noises. She had severe facial trauma.

Hot Springs Village Firefighter Zachary Sykora testified the when EMTS arrived, they cut off her clothes to assess her injuries. Many more serious wounds were found, "Could see muscles, skin gone, major trauma throughout the body," he said. Hot Springs Village Police Sergeant Brian Nickles testified that Brande told him it took about 30 minutes for her to get the dog inside after the attack. She then washed her hair, face, changed clothes and called 911 in no particular order.

Nickles said that Brande stated that after calling 9-1-1, she did not go back outside until paramedics arrived.

Fox16.com captured additional testimony. The doctor who performed the autopsy spoke in detail about Kappen's injuries. Her entire scalp was peeled off in the brutal attack and she was bitten over 100 times. The doctor testified that there were so many bite injuries that he could not count them all. Other witnesses called by prosecution testified that Patrone had bitten them prior to the fatal attack and another stated that the animal had killed a cat and bitten its owner, Emily Coy.

Concerning the littermate issue, a vet testified that aggression in dogs can be hereditary. The vet also testified if the owners knew about this issue, it would be reason to have the dog put down. Emily Coy's father, of course, testified that the dog was obedient, gentle and loyal. Nancy Baumann, one of Kappen's friends who attended the trial today said, "These people who owned it say it was a wonderful dog. Well if it was why did it attack my friend and rip her to pieces?"

10/07/14: Jury Selected in Dog Mauling Trial
Saline County, AR - A jury has been selected in the trial of a mother and daughter in connection to the fatal mauling of a 75-year old woman. Brande Coy is charged with manslaughter and unlawful dog attack. Her daughter, Emily Coy, is charged with unlawful dog attack. On November 21, 2013, a loose bullmastiff-pit bull mix attacked and killed Joan Kappen who was taking her daily walk in Hot Springs Village. A littermate of this dog killed a child less than 10-miles away 5-months earlier.

The criminal trial began Tuesday morning and is ongoing.

DogsBite.org covered this case extensively last year, including the arrest affidavit filed on January 2, 2014, which documented previous attacks by "Patrone" and lurid details of the day of the attack. The attack on Joan lasted up to 30 minutes before Brande placed the 911 emergency call. She remained in the home "washing her face, hair, and changing clothes - until emergency personnel responded on scene about 16 minutes later." All the while, Joan lay mutilated and dying in a ditch.

Norbert told KATV.com, "10 months of misery, and it still is, and unfortunately people are not safe." He reflected about his best friend and the love of his life. "My wife got mauled to death," he said. "There was not a drop of blood left in her, blood was everywhere on the street, I just hope this judge and this jury understands what we are dealing with here." A neighbor emailed DogsBite after the attack and stated that she was only identifiable by her shoes and glasses that lay near by.

Historic Arkansas Criminal Trials

According to our documentation, the criminal case of State v. Emily Coy & Brande Coy is the first manslaughter case in Arkansas against the owners of dogs that fatally attacked a person since June 2002. On October 13, 2001, 50-year old Carolyn Shatswell was mauled to death by three loose pit bulls while taking a walk in Russellville, Arkansas. The owners of the pit bulls, Carl and Kim Smith, were subsequently charged with felony manslaughter in Pope County Circuit Court.

The two ultimately pleaded guilty. Carl Smith was sentenced to 3-years in Arkansas state prison plus a 3-year suspended sentence and ordered to pay $1,000 in fines and court costs. Kim Smith was sentenced to 5-years probation and ordered to pay $1,000 in fines and court costs. Let's hope in 2014, after over a decade of escalating fatalities by well-documented dangerous dog breeds, that this Saline County court is not sympathetic to the depraved indifference of Brande Coy.

Historic Year in Fatal Dog Mauling Trials

Currently, the owners of dogs involved in at least nine fatal dog attacks are facing felony charges across the country, including the 15-year to life prison sentence handed down Friday after the mauling death of Pamela Devitt in Los Angeles County. Alex Donald Jackson was convicted of second-degree murder after his loose pit bulls horrifically killed Devitt. In September, a Michigan judge ordered the owners of fatally attacking cane corsos to stand trial for second-degree murder.

Arkansas: 2013 mauling death of Joan Kappen, manslaughter
California: 2013 mauling death of Pamela Devitt, second-degree murder
California: 2013 mauling death of Claudia Gallardo, involuntary manslaughter
Florida: 2014 mauling death of Javon Dade, Jr., manslaughter
Iowa: 2013 mauling death of Jordyn Arndt, multiple felonies
Michigan: 2014 mauling death of Craig Sytsma, second-degree murder
Mississippi: 2014 mauling death of David Glass Sr., manslaughter
Texas: 2014 mauling death of Christina Bell, felony dog attack
Texas: 2014 mauling death of Betty Clark, felony dog attack

1Qualities these Arkansas jurors chose to ignore.

Photos: KATV.com, HotSpringsDaily.com and Facebook

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