2013 Dog Bite Fatality: Stockton Woman Mauled to Death by Pit Bull; Owner Convicted of Manslaughter

Stockton woman killed by pit bull
Claudia Gallardo, 38, of Stockton was mauled to death by a pit bull.

Pit Bull Owner Guilty
UPDATE 03/25/15: Last week the criminal trial of Brian Hrenko was held and jurors began deliberating. On Tuesday, a San Joaquin County jury found Brian Hrenko guilty of involuntary manslaughter and keeping a mischievous animal that killed a person. In April 2013, Hrenko’s pit bull brutally killed 38-year old Claudia Gallardo, the mother of three children, when she visited his home to discuss her house cleaning services. Hrenko was not home when the attack occurred.

Deputy District Attorney Stephen Maier said that Hrenko knew of the dog’s propensity to be vicious and still failed to properly secure his backyard fence and post proper signage to warn visitors. The attack was horrific, inflicting massive face and neck injuries. Gallardo was declared dead on scene by first responders. During closing arguments Friday Maier said, "What a horrible way to go. To just be mutilated by a dog like this. To have your throat essentially ripped out."

The jury got it right and did the right thing. - Deputy District Attorney Stephen Maier

Brian Hrenko now faces up to 4-years and 8-months in prison; sentencing is scheduled for April 27. Prosecutors said that this was the first fatal dog mauling case prosecuted in San Joaquin County. After the verdict was read jurors shared their thoughts about the case with attorneys. "They felt that the evidence was pretty strong that Hrenko knew the dog was dangerous," Maier said, "He didn’t adequately maintain the property so the dog couldn’t get out," Maier said.

Pit bull owners in California should take special notice of this case. The jury convicted based on the owner’s knowledge of viciousness – testimony showed the pit bull had previous acts of aggression -- and the decision to keep the animal anyway without sufficient warning posted or a secure enclosure on the property to keep the dog from attacking a hapless visitor. Sources close to the case say that "Russia" the attacking pit bull was only finally put down in January 2015.

11/22/13: Victim's Family Interviewed
Family members of mauling victim Claudia Gallardo expressed relief at Brian Hrenko's arrest. Claudia's sister, Mireya said, "We all as a family just grouped together and, 'oh thank God, it's finally here. Her death is not going to be in vain." Mireya added, "I think about her every day. We were only one year apart. So we were very close." Claudia's grieving father, Juan Gallardo, spoke softly in the interview. Juan has faithfully maintained a memorial where Claudia's life ended.

Claudia's family intends to be present in court throughout the criminal proceedings. In October, the Gallardo family attended Kaylie's Candlelight Vigil for Victims of Dangerous Dogs in Sacramento. Family members brought photographs and writings by Claudia to hold during the vigil. Attorney Kenneth M. Phillips, who represents Claudia's three children in connection with her wrongful death, recently issued a statement on his website that provides additional details about Hrenko.

Of the 28 recorded dog bite fatalities so far this year, 6 resulted in criminal charges, 50% of which stem from California. 100% of dog bite fatalities resulting in charges this year involve pit bulls.

11/21/13: Involuntary Manslaughter
Seven months after a pit bull named "Russia" savagely attacked and killed 38-year old Claudia Gallardo in east Stockton, the dog's owner has been arrested and charged. Brian Michael Hrenko, 60-years old of Stockton, faces involuntary manslaughter and felony animal charges in connection to her April 11 death. Hrenko is being held at San Joaquin County Jail in lieu of $250,000 bail. Hrenko is scheduled to be arraigned in San Joaquin County Superior Court on Friday afternoon.

04/13/13: 'I Tried to Save Her Life'
Javier Sanchez Sr. told the Record.net that he and his family had just returned home that night when they heard someone screaming for help. They quickly realized a woman was being attacked by a dog in the front yard of a home across the street. Sanchez jumped the fence, ventured into the darkness and began beating the animal with a large piece of wood his wife grabbed from their backyard. The attacking pit bull, however, refused to release its jaws from the woman's throat.

I kept hitting the dog, but it wouldn't let go. I tried to save her life, but I couldn't. - Javier Sanchez Sr.

Sanchez told the Recordnet.com that he wishes he could have done more to save the woman's life, but the dog had already inflicted too much damage by the time he arrived. That night he only slept two hours. "I was thinking all night about the dog and the lady and what I saw," Sanchez said. "It was hard. I've never seen something like that." Gallardo's sister, Mireya Gallardo, said her sister didn't deserve this. "I don't think anybody deserves to die that way," Mireya said.

Olga Paez, the victim's aunt, said her niece's death has devastated and angered her family -- "It's just terrible. We want answers," Paez said. Detectives continue to investigate, but there are still many unanswered questions. It remains unclear why Gallardo was at Hrenko's home, whether she knew the man or if she climbed over a fence to get into his yard. Hrenko couldn't be reached for comment Friday, but his ex-wife, Gloria Hrenko, said he was "distraught" over what happened.

04/12/13: Mauling Victim Identified
Family members told CBS 13 News that the victim's name is Claudia Gallardo, 38, and is a mother of three. On Thursday, Gallardo was discovered dead in a man's front yard after being attacked by a pit bull named Russia. The owner of the dog, Brian Hrenko, said he didn't know the woman and alleged that she climbed over his fence when he was gone. A female friend of Hrenko, who was home at the time of the fatal dog mauling, said the victim claimed to be there to clean the house.

The San Joaquin County Sheriff’s Office has not confirmed the woman's identity, nor has it confirmed if the woman climbed over the fence. Hrenko was away for about 40 minutes. When he returned home, Hrenko said his female friend "was all hysterical, said Russia attacked (the woman)," said Hrenko. "She was all crying and stuff," said Hrenko. He didn't learn much more at the time because deputies quickly took him in for questioning. The investigation continues.

View Related video

04/11/13: Woman Mauled to Death
Stockton, CA - A woman was killed Thursday night after being attacked by a pit bull that has terrorized the neighborhood for months, according to authorities and residents. The San Joaquin County Sheriff’s Office received a report of a dog mauling at 8:19 pm in the 400 block of North Lillian Avenue, just east of Highway 99 and north of East Miner Avenue. When deputies arrived, they found a woman dead who appeared to have been attacked by a dog, Sgt. Tom Rees said.

Rees wouldn't describe the woman's injuries, but he said, "there's a lot of blood" and described the dog as a "big, nasty pit bull."

Neighbors were horrified and angered by the attack, but not surprised. Some said the dog has jumped fences to attack other animals in the area. Rita Vasquez said the pit bull attacked her dog and bit her late husband. She said the dog's owner has more pit bulls as well. Vasquez said her husband reported the attacks to the Sheriff’s Office, but authorities said there was little they could do at the time. She asked: "Why did somebody have to get hurt for something to happen?"1

map iconView the DogsBite.org Google Map: California Fatal Pit Bull Maulings.
1What Vasquez possibly meant to ask was, "Why did somebody have to get killed for something to happen?

Related articles:
10/24/13: Kaylie's Candlelight Vigil for Victims of Dangerous Dogs Approaches
02/25/13: 2013 Dog Bite Fatality: Elderly Woman Mauled to Death by Pit Bulls in Motel Room
12/14/12: 2012 Dog Bite Fatality: Fresno County Man Mauled to Death by Pack of Pit Bulls
12/07/12: 2012 Dog Bite Fatality: San Diego County Woman Killed by Pack of American...
08/28/12: San Diego County Pit Bull Responsible for Death of 4-Year Old Tijuana Girl

2013 Dog Bite Fatality: Callaway Boy Savagely Mauled by Two Dogs Dies; Owner Convicted of Manslaughter

callaway boy mauled by pit bull mix dogs dies
Tyler Austin "Catfish" Jett, 7-years old, of Callaway, Florida.

Decade Behind Bars
UPDATE 10/11/13: On October 11, Circuit Judge James Fensom denied Edward Daniels a new trial and sentenced him to 10-years in prison and 5-years probation. Assistant State Attorney Larry Basford and Assistant Public Defender Doug White brought up witnesses to give brief statements on Daniels sentencing. Daniels then gave an apology to the Jett family for the first time. The condition of his probation includes that Daniels cannot own or live in a household with dogs.

08/30/13: Guilty of Manslaughter
On August 29, a Bay County jury found Edward Daniels II guilty of manslaughter in connection to the dog mauling death of 7-year old Tyler Jett after two hours of deliberating. During the two day trial, a half dozen of Daniel's neighbors testified that his dogs had threatened them prior to the April 2 attack, and that they had confronted Daniels about it as well. Stanlee Himbaugh testified that he even warned Daniels, "They're going to kill a kid." The jury agreed with the neighbors.

Daniels was found not guilty for the charge of tampering with evidence.

04/08/13: Manslaughter Charges
Manslaughter charges have been filed against Edward Daniels II of Callaway after his two dogs brutally attacked Tyler Jett on April 2, ultimately causing his death. Daniels was already charged with felony tampering of evidence and drug charges that arose during the investigation. Greg Wilson, Chief Assistant State Attorney for the 14th Judicial Circuit, said, "In any type of animal case where the death of another person occurred, [manslaughter] is the highest you could go."

Edward Daniels II, 21, faces up to 15-years if convicted of manslaughter. On March 28, just days before his dogs got loose (again) and attacked Tyler, Bay County Animal Control cited Daniels for allowing his dogs to run loose and terrorize neighbors. That citation put Daniels on notice that his dogs were dangerous and that he needed to properly secure his animals. Daniels failed to do so and as a result, a child was horribly mauled and died due to injuries inflicted by his dogs.

The WMBB video showed images of both attacking dogs.

pit bull type dog that killed Tyler Jettpit bull type dog that killed Tyler Jett


04/07/13: Boy Dies After Attack
Callaway, FL - Tyler Jett, 7-years old, of Callaway has died. On April 2, Tyler was savagely attacked by two loose pit bull-mix dogs. Tyler was flown to Sacred Heart Hospital in Pensacola where he remained in intensive care until his death.1 The boy suffered a punctured carotid artery and his head, face and neck were badly bitten. The dogs' owner, Edward Daniels II, was charged with felony tampering of evidence after washing the blood off one of his dogs after the attack.2

Just before the attack, Tyler was riding his bike after returning from school.3 Witnesses said the two dogs, which escaped from their owner's fenced-in yard, had chased another neighborhood boy into Tyler's yard before turning their attention on Tyler. The boy's stepmother, Katy Phillips, Tyler's father and a neighbor rushed to help him after hearing his screams. "Tyler did not provoke these dogs," Phillips said. "These dogs (dragged) this 7-year-old across my front yard."4

"I was keeping him alive. I was applying pressure to his neck and his head and telling him to keep breathing for me," Phillips said.

Two days after the violent attack, friends of the boy's family planned a benefit to raise money to help cover the boy's medical costs. The benefit cookout was held Saturday morning at the Dam Bait Shop. An aunt of the boy said the event raised about $12,000. A new fundraising event will be held Monday at Bill Byrd Kia in Panama City. WPAP 92.5 FM will be broadcasting live. Collecting donations now broadens to include Tyler's funeral expenses along with his hospital stay costs.

Daniels is not a stranger to dog attacks. Last May, Daniels was walking a dog named Dude that belonged to his sister, Amber Daniels, when it bit a 9-year old boy in the face without provocation. That dog was surrendered to animal control to be destroyed after it was declared dangerous for a previous unprovoked attack in 2010. The two pit bull-mix dogs that attacked Tyler had not been previously declared dangerous, but had a history of getting loose and threatening behaviors.

04/03/13: BCSO Police Report

OFFICIAL BCSO REPORT – CALLAWAY DOG ATTACK

On 04-02-13 I Deputy Price responded to 6213 Kelly Ct. in reference to a seven year old child being mauled by two pittbull’s. Upon my arrival Fire Rescue were already on scene and administering CPR to the unconscious seven year old white male that was attacked by the pitt bull’s. The pittbull’s had already fled the scene and were believe to have went back to their home at 6228 Kelly Ct. (Mother) Katy Phillips explained to me that she was inside her house when she heard screaming and yelling outside by family members and neighbor’s who saw her son being attacked by two pittbull’s. Ms. Phillips said that neighbor Shannon Washington, herself and her husband attempted to scare off the two pittbull’s but were unsuccessful due to the pittbulls aggressive behavior towards them. Ms. Phillips said that she then covered her son beneath her as her husband went to retrieve a gun from out of the house to kill the dog’s.
Myself and responding Deputies went to the residence of 6228 Kelly Ct. where we made contact with the owner of the pittbull’s Edward Daniels Jr. II. Animal Control later arrived on scene and detained the two pittbull’s that were located in Mr. Daniel’s back yard. The two dogs were identified by the victim’s parents and neighbors as the two pittbull’s that attacked the seven year old child.
The child was later identified to be XXXXX Austin XXXXX. The pittbull’s are described as two mix breed pitt bull’s. One was a Brindle mix breed pitt bull that was a one year old. The second pittbull was identified as a mixed breed pittbull that was eight years old. Upon receiving the pittbull’s from Mr. Daniels, Animal Control personnel Matthew Bland said to me, that Mr. Daniels had a non caring attitude learning that the pittbulls attacked a seven year old child. Mr. Bland also said that Mr. Daniels said that he knew something was wrong when he saw blood on the eight year old pittbull’s mouth. Mr. Daniels said that both of the pittbull’s have gotten out of his back yard on several occassions by digging holes under the fence.

Read: BCSO report in full | Additional BCSO report

map iconView the DogsBite.org Google Map: Florida Fatal Pit Bull Maulings.
1The boy did not regain consciousness after the mauling.
2Daniels is not the first Florida resident to "tamper with evidence" by washing away blood evidence after a fatal dog attack. After the mauling death of Carshena Benjamin in 2007, Linda Billie did the same thing then dumped the two pit bulls at undisclosed locations. Neither Billie nor the owner of the dogs, Linda Newell, were criminally charged.
3The News Herald describes one dog as an Alapaha blue-blood bulldog, one of several unofficial breeds achieved by crossing the "old southern white bulldog" and the
American pit bull terrier. The other dog is simply described as a "brindle bulldog." The Bay County Sheriff's Office report described both dogs as mixed-breed pit bulls. Notably, it was the owner of the dogs that altered the "breed type" while under police questioning on the day of the attack.

4Tyler's step-mother also told the News Herald that his family owns a pit bull that had been Tyler's "playmate all of his life," but after the mauling,
they planned to get rid of it.

Related articles:
07/25/12: Bay County Animal Hospital Worker Suffers Catastrophic Injury in Pit Bull Attack
07/11/12: 2012 Dog Bite Fatality: Avondale Man Mauled to Death by Pit Bull-Type Dog
04/08/09: Pit Bull Attacks Toddler While Being Baby-Sat in Bay County
04/01/08: 2007 Fatal Mauling Investigation of Carshena Benjamin Closes Unresolved

2013 Dog Bite Fatality: Bryan County Toddler Killed by Family Pit Bulls

Monica Laminack killed by family pit bulls
Victim of fatal pit bull mauling: Monica Renee Laminack of Ellebell, GA.

Mother 'Studying'
UPDATE 04/17/13: A mother charged with child cruelty in the dog mauling death of her daughter was in her bedroom studying for her GED diploma when the toddler was attacked by the family's pit bulls, according to her attorney. The child slipped into the backyard unnoticed through a doggie door and was attacked and killed by the animals. Yesterday, Summer Laminack was charged with second-degree cruelty to children, a felony punishable by up to 10 years in prison.

Georgia law defines second-degree child cruelty as an act of criminal negligence that causes a child excessive pain, either physical or mental. Two other adults were at the home at the time of the attack. Sheriff Clyde Smith said the child's grandmother was taking a nap; authorities have not released what the third adult was doing. District Attorney Tom Durden said, "It was a very horrific event that happened." Durden plans to let a grand jury decide if the case should go to trial.

04/16/13: Young Mother Charged
Charges have been filed in the death of a 21-month old toddler killed by a pack of family pit bulls in Ellabell last month. Summer Laminack, 18-years old, was charged with second-degree cruelty to children in the death of her daughter, Monica Laminack, according to a press release from the Bryan County Sheriff’s Department. Her attorney, Tom Edenfield of Savannah, surrendered Laminack on Tuesday to the sheriff's department. She was released on a $5,000 bond.

Laminack, along with two other adults and two young boys were at the home on March 27 when the family's pit bulls mauled the toddler to death. Bryan County Sheriff Clyde Smith said the adults were apparently napping at the time. At one point, the child's grandmother awakened and alerted family members to the attack, according to Smith. By the time any of the adults reached the child, she was already dead. Further action by the Bryan County Grand Jury is pending.

03/29/13: Criminal Charges Expected
Sheriff Clyde Smith tells WTOC there is no excuse for one of the adults to not be keeping a close eye on Monica, which is why second-degree felony child cruelty charges are being considered. The length of the attack is what investigators are now focusing on and why it took so long for family members to respond. Earlier, news reports said the 911 call was made at 6:36 pm. When EMS arrived, the little girl's body was already cold, indicating that she had been dead for a while.1

Detective Donnie Thomas said, "It wasn't just a one or two minute ordeal. It was not one or two bites and the dogs went on their own way." Smith and Thomas provided WTOC photos of Monica's body after the attack to show how severe and possibly prolonged the attack was. "The bite marks covered her entire body, the graphic photos even showing what appeared to be the tiny child's head nearly decapitated along with severe internal damage," reports the article.

03/28/13: News Conference Held
Byrancountynews.net reports more details about the news conference held Thursday morning in Pembroke. Bryan County Sheriff Clyde Smith said the child's mother, Summer Laminack, 18, grandmother, Michelle McIntyre, great-grandmother, Pat Asher, and two uncles, ages 14 and 12, were home at the time of the fatal dog mauling. Family members told Smith they "went to sleep" after returning from a store just after 5 pm. The 911 call was placed at 6:36 pm.

"Apparently what happened is the child and the dogs were all in the house together and exited the house through the doggie door," Smith said ... "The dogs apparently live in the house also ...  and they all went outside and at some point they started attacking the child, mauled her and drug her all over the yard. They tore her clothes off and scattered her clothes all over a pretty large back yard." - Bryan County Sheriff Clyde Smith

Smith said that charges of child neglect would be the minimum that could be filed. Smith said he did not anticipate any charges being filed before the child's funeral. Smith only saw photographs of the young girl, but said that deputies and emergency personnel who responded to the scene were "very disturbed." Smith told reporters, "They said it was the worst they have seen. It was bad -- very bad." Bryan County Animal Control euthanized all seven pit bulls on the scene.

03/28/13: Child Victim Identified
The young child mauled to death by her family's seven pit bulls has been identified as Monica Laminack. Bryan County Sheriff Clyde Smith said that when EMS arrived, the child was already cold, indicating she had been dead for a while. Authorities continue to question how the child ended up in the backyard alone with the animals. Speculation ranges from her 12-year old brother leaving her in the backyard to the child accessing the dogs through the home's doggie door.

"All the dogs had access to the house, nine dogs in all. She habitually played with dogs, all of them." - Bryan County Sheriff Clyde Smith

The seven dogs involved in the attack, all pit bulls, were put down at the scene. Two other dogs (not pit bulls) living at the residence and not involved in the attack were spared. A separate article reports that Smith held a news conference Thursday morning. Smith confirmed that the child crawled through the doggie door, apparently she had done so in the past. Smith said that he would be shocked if no charges were filed. Five people were in the home at the time of the attack.

Smith added that four generations of the family lived at the home.

03/27/13: Toddler Killed by Pit Bulls
Bryan County, GA - Bryan County police authorities are investigating the death of a 21-month old girl who was mauled to death by a pack of seven pit bulls and pit bull-mix dogs Wednesday night. Police say the girl's grandmother was sleeping when she was awakened by a commotion in the yard. She looked out and saw the attack, but was unable to save the child. All of the pit bulls belonged to the child's family and have already been euthanized Bryan County Animal Control.

The child's identity has not yet been released.

map iconView the DogsBite.org Google Map: Georgia Fatal Pit Bull Maulings.
1Authorities believe the child died at 6 pm, a half an hour before the 911 call.

Related articles:
03/10/13: 2013 Dog Bite Fatality: 7-Year Old Galesburg Boy Killed by Dog
03/07/13: 2013 Dog Bite Fatality: 14-Month Old Wisconsin Boy Killed by Babysitter's Pit Bulls
02/25/13: 2013 Dog Bite Fatality: Elderly Woman Mauled to Death by Pit Bulls in Motel Room
02/19/13: 2013 Dog Bite Fatality: 'Nightmare' Pit Bull Kills Uvalde County Boy
01/21/13: 2013 Dog Bite Fatality: Dog Mauls Woman to Death While Babysitting Toddler
01/20/13: 2013 Dog Bite Fatality: Chained Pit Bull Kills Montgomery County Boy

Photo: Facebook.com

Report: Texas Dog Bite Fatalities, January 1, 2005 to February 17, 2013

The report shows that 34 Texas dog bite fatalities were recorded during this period, more dog bite-related deaths than any other state. Impediments to reduce these deaths include the one bite rule and the 1991 statewide measure that prohibits breed-specific laws.

Austin, TX - In just over the last 8-years, 34 Texans were killed by dogs. Pit bulls were responsible for 76% of the total recorded deaths. The second most lethal dog breed, rottweilers, accounted for 15%. Pit bulls figure more prominently in Texas statistics then they do nationally (60%) in roughly the same period. This may be due to the state's exhaustive history with dogfighting and the 1991 statewide law that prohibits municipalities from regulating specific dog breeds.

Texas is also a one bite state. Victims of dog attacks must prove the owner knew or should have known of the dangerous or vicious propensities of the dog in order to prevail in a civil lawsuit. This same burden of proof applies to the criminal statue, Lillian's Law, which only affects loose dog attacks (off owner property attacks). Since the 2007 passage of Lillian's Law, only one set of dog owners, whose animals viciously attacked and killed a person, has been convicted under it.1

Texas Dog Bite Fatality Statistics

January 1, 2005 to February 17, 2013

  • 34 Texas dog bite fatalities were recorded during this period, more fatalities than any other state.2 Pit bulls contributed to 76% (26) of
    these deaths.
  • Combined, pit bulls (26) and rottweilers (5), the second most lethal dog breed, accounted for 91% (31) of the total recorded deaths.
  • Texas data shows that 68% (23) of the victims were children ages 11-years and younger. Of this group, 52% (12) were ages 2 and younger.
  • 35% (12) of all fatal dog attacks involved more than one dog; 6% (2) involved a "pack attack," involving 4 or more dogs.
  • 18% (6) of the recorded deaths involved chained dogs; 100% of the chaining fatalities resulted in the death of a child 4-years old or younger.3
  • Pit bulls 83% (5) and rottweilers 17% (1) comprised all chaining fatalities in Texas; each fatality occurred in a rural or semi-rural area.
  • Family dogs comprised 53% (18) of all fatal dog maulings; 88% (30) of the attacks occurred on the dog owner's property.
  • 18% (6) of the total recorded deaths resulted in criminal charges, just lower than the national average of 22% in nearly the same period.
  • The combined years of 2006 and 2007 accounted for 38% (13) of all Texas dog bite fatalities in just over the 8-year period.
  • Harris County had the most fatal dog attack occurrences (5) followed by Bexar County (4) and Montgomery County (3).4

Doctors Lead Call to Reform Texas Laws

Calls to reform state laws after years of horrific dog maulings have come from victims' families, elected officials,5 citizens and newspaper editorials. Texas doctors have long been forthright as well. The first Texas medical study, Pit Bull Attack: Case Report and Literature Review (Texas Medicine, 1988), was published several years before the 1991 statewide anti-BSL measure. Doctors at the University of Texas Medical Branch in Galveston issued a prophetic warning:

An 83-year old man was attacked by two pit bulls. The injuries sustained included significant soft-tissue losses in both upper extremities. Such intensity of bites and the magnitude of soft-tissue trauma may be characteristic of a pit bull attack. The development and use of this breed of dog and
its current population in the United States suggest that further injuries and deaths will occur.
- Pit Bull Attack: Case Report and Literature Review

Since the 1988 publication of this study, pit bulls have killed 245 Americans.

In the 8-year period leading up to the study (1981 to 1988), pit bulls inflicted 45 deaths nationally. In the last 8-years (2005 to 2012), pit bulls inflicted 151. This is over a 300% increase in national fatal pit bull maulings. The rate of Texas fatal pit bull maulings, however, has increased over 500% since the 1988 study. Of the 45 recorded deaths in the 1980s period, 13% (6) were Texas victims. Of the 151 deaths recorded in the last 8-year period, 21% (32) were Texas victims.

In 2011, doctors from University Hospital San Antonio went even further in their study, Mortality, Mauling and Maiming by Vicious Dogs (Annals of Surgery, 2011). The study's findings conclude the following about pit bulls: "Attacks by pit bulls are associated with higher morbidity rates, higher hospital charges, and a higher risk of death than are attacks by other breeds of dogs. Strict regulation of pit bulls may substantially reduce the US mortality rates related to dog bites."

Texas, the state that leads the nation in dog bite fatalities, is a “one bite” state that prohibits breed-specific laws … The unacceptable actuarial risk associated with certain breeds of dogs (specifically, pit bulls) must be addressed … Individual municipalities need the power to enact ordinances that can protect their citizens from this risk. If they are to obtain such power, the issue must be addressed at the local, county, and state legislative levels. - Mortality, Mauling and Maiming by Vicious Dogs

The study emphasizes that Texas is a one bite state that also prohibits breed-specific laws. Furthermore, these three aspects may never have been placed into a single sentence so succinctly before. 1.) Texas leads the nation in dog bite fatalities 2.) Texas is a one bite state and 3.) Texas prohibits breed-specific laws. The call to reform Texas laws by the San Antonio doctors also addresses the necessary legislative levels that must be involved: local, county and state.

Impediments to Achieving Reform

  • The one bite rule, which omits civil liability for the dog's first bite (or first mauling, maiming or death). This liability standard was established in England in the 1600s and has no place in modern America.
  • The 1991 anti-BSL measure, which prohibits municipalities facing a breed-specific problem from directly responding to it. The only benefactors of the law are breeders and owners of dangerous dog breeds.
  • The cultural acceptance, primarily in rural and semi-rural areas, of keeping dangerous dog breeds chained and unsupervised in an accessible yard and the acceptance of the mortality of children that naturally ensues.

A Closer Look: Deaths by Chained Dogs

DogsBite.org began reviewing Texas fatal dog attack data after a second Texas toddler was killed by a neighbor's chained pit bull in under a 1-month period this year. Last year in the U.S., chained dogs killed two individuals. In the first 47 days of 2013, Texas matched this national statistic. Texas data shows that pit bulls and rottweilers accounted for 100% of the chaining deaths. Each fatality involved a child 4-years old or younger and occurred in a rural or semi-rural area.

On January 19, 4-year old Christian Gormanous of Montgomery County climbed over a 4-foot chain link fence into his neighbor's yard. A chained pit bull on the other side immediately attacked him. On February 16, 2-year old Isaiah Aguilar of Sabinal was killed after getting too close to his neighbor's chained pit bull. According to Isaiah's family, there was a "huge hole" in the neighbor's fence and the pit bull had previously killed its own sire and attacked puppies from its own litter.

The death of 4-year old Kylar Johnson in 2012 in a small community outside of Victoria must also be mentioned. After an all night search for the boy carried out by multiple law enforcement teams, Kylar was discovered dead the next morning, killed by a resident's chained pit bull. The owner of the dog, Manuel Garcia, kept 10 chained pit bulls in his mostly-fenced backyard. While Kylar still managed to wander onto the property, he had little chance of ever leaving the property alive.

Chaining dangerous dog breeds and leaving them unsupervised in an accessible yard is a recipe for disaster. The very act of chaining these types of dogs is irresponsible and perpetuates additional negligence, such as accessible yards. Why build secure fencing if the dog is chained? Cheap economics is the only priority in the minds of these dog owners. The cultural acceptance of these attitudes in many parts of Texas ensures that more children will lose their lives.

Progressive Texas Municipalities

Despite the two most significant road blocks to reforming Texas laws -- the one bite rule and anti-BSL measure -- a handful of municipalities have enacted proactive policies in the past few years. In each case, the policies are different, reflecting the diversity of municipalities and their need to craft policies without state imposed limitations. All three initiatives, however, share the following in common: preventing new attacks and holding dog owners more responsible.

Fort Worth, Texas

In January 2009, one week after the fatal mauling of 3-year old Brooklynn Millburn by a neighbor's rottweiler, Fort Worth Animal Control underwent a door-to-door sweep citing non-compliant dog owners. In just 4-days, 800 citations were issued. Code officers said they intended to knock on doors in every city neighborhood in a 90-day period. By July, the Code Compliance Administration had prepared and presented a revised animal control ordinance to city council.

The ordinance created a uniform fencing requirement for all dogs and secure 6-foot fencing for "aggressive" dogs -- animals that make repeated attempts to climb, dig or chew through fencing in order to attack or harass a person or a pet. Thus, citizens no longer need to "wait to be attacked" in these situations before meaningful steps can be taken. The ordinance also encourages sterilization (intact pet permit) and allows for the seizure of any dog tethered to a fixed object.

See: Related FAQ and municipal code.

Garland, Texas

In 2010, after years of pit bulls leading bite statistics and being caught at large, Garland created a departmental directive requiring 6-foot fencing for pit bulls. As stated in the directive, its purpose is to provide "uniform enforcement" of its existing ordinance that requires enclosures for all dogs to be properly maintained to prevent the animal from escaping. The directive then clarifies the type of enclosures necessary to "adequately maintain American Staffordshire Terriers, pit bull dogs, American Bull Dogs, or crossbreeds thereof within the enclosures."

The directive also states that specific enclosure requirements for pit bulls are necessary due to the "physical characteristics common to pit bull dogs that provide them with the capability to escape confinement from enclosures not meeting the following standards." Pit bull owners that registered their dog prior to the August 1, 2010 directive are exempt. Examples of acceptable and unacceptable enclosures for pit bulls are located on the city's website.

See: Related FAQ and departmental directive.

San Antonio, Texas

In 2011, San Antonio created a special court that hears all canine related crimes, including dog bites, strays, the mistreatment of animals and irresponsible dog owners (failure to vaccinate, license and more). The most important aspect for dog bite victims is that their case now only appears before a judge that has a deeper understanding of the issue. For instance, the seriousness of dog bite injuries and the common excuses recited by irresponsible dog owners.

In 2012, San Antonio went even further by deploying "one of the most proactive approaches in the state to support dog bite victims," according to San Antonio Express-News. The new program specifically tackles the process of a Dangerous Dog or an Aggressive Dog investigation by making it more efficient and favorable to dog bite victims. The process is outlined in the proposed Dangerous Dog Revision Process that was passed by city council members in October 2011.6

See: Related slideshow and municipal code.

Conclusion

National statistics from 2005 to 2012 show that pit bulls killed 151 Americans and accounted for 60% of the total recorded dog bite-related fatalities. In Texas, this percentage is even higher. In roughly the same period, pit bulls accounted for 76% of the total recorded deaths. The rate of pit bull fatalities in Texas is also accelerating. Since the 1988 medical report was published in Texas Medicine, the rate of fatal attacks inflicted by pit bulls in Texas has increased over 500%.

There are two impediments to reduce these deaths: Texas is a one bite state that also prohibits breed-specific laws. Both obstacles can and should be eliminated through state legislative means. The cultural tolerance in many rural and semi-rural areas of leaving dangerous dog breeds chained and unsupervised in an accessible yard is another barrier that must be overcome. Secure fencing and anti-tethering ordinances can and should be enacted on local or county levels.

There is a growing will amongst Texas municipalities to reform animal control policies to better protect human welfare and safety. This report calls out three cities that have enacted progressive policies to prevent new attacks and to hold dog owners more responsible. There is also a growing will to prosecute dog owners under Lillan's Law, though the criminal law is still largely underutilized. DogsBite.org hopes this growing will outpaces the growth of the problem itself.

Epilogue: Fatal Dog Mauling Victims

2005 - Sandra Sanchez, 32-years old (Harris County, TX)
2005 - Roberto Aguilera, 64-years old (Bexar County, TX)
2005 - Lillian Stiles, 76-years old (Thorndale, TX)
2006 - Ashton Scott, 11-months old (Childress, TX)
2006 - Gemma Carlos, 2-years old (Horizon City, TX)
2006 - Mariah Puga, 3-years old (Hargill, TX)
2006 - Frank Baber, 49-years old (Spur, TX)
2006 - David "Ted" McCurry, 41-years old (Willis, TX)
2006 - Pedro Rios, 4-years old (Pasadena, TX)
2007 - Amber Jones, 10-years old (San Antonio, TX)
2007 - Pamela Rushing, 50-years old (Friendswood, TX)
2007 - Carolina Sotelo, 2-years old (Combine, TX)
2007 - Celestino Rangel, 90-years old (San Antonio, TX)
2007 - Magdelena Silva, 95-years old (El Paso, TX)
2007 - Scott Warren, 6-years old (Dallas, TX)
2007 - Seth Lovitt, 11-years old (Killeen, TX)
2008 - Tanner Monk, 7-years old (Breckenridge, TX)
2008 - Pablo Lopez (Hernandez), 5-years old (Weslaco, TX)
2009 - Brooklynn Milburn, 3-years old (Fort Worth, TX)
2009 - Tyson Miller, 2-years old (Luling, TX)
2009 - Izaiah Gregory Cox, 7-months old (San Antonio, TX)
2009 - Barbara Chambers, 59-years old (Garland, TX)
2009 - Justin Clinton, 10-years old (Leverett's Chapel, TX)
2010 - Kaden Muckleroy, 2-years old (Henderson, TX)
2010 - Jeannette Vaughn, 3-months old (Harris County, TX)
2011 - Brayden McCollen, 2-weeks old (Cypress, TX)
2011 - Donna Conrad, 71-years old (Valley View, TX)
2011 - Mya Maeda, 11-days old (Amarillo, TX)
2011 - Edna Dyson, 71-years old (Houston, TX)
2012 - Jace Valdez, 16 months old (Magnolia, TX)
2012 - Kylar Johnson, 4-years old (Victoria County, TX)
2012 - Rayden Bruce, 3-months old (Burleson, TX)
2013 - Christian Gormanous, 4-years old (Montgomery County, TX)
2013 - Isaiah Aguilar, 2-years old (Sabinal, TX)

map iconView the DogsBite.org Google Map: Texas Fatal Pit Bull Maulings.
1In 2011, the 11th Court of Appeals upheld the conviction of Jack Wayne Smith and Crystal Michelle Watson in the death of Tanner Monk. Since the appellate ruling, several convictions under Lillian's Law in cases of nonfatal dog attacks have been made, including two in Travis County just last year: Verna Cooper and Reginald Welton.
2California followed with 29 dog bite fatalities and Georgia with 16 during the same period.
3DogsBite.org tracks deaths by chained dogs when the animal is chained during the attack. This category likely should be expanded to include a chained dog that breaks free from restraint and immediately attacks causing death, such as the case of Kaden Muckleroy in Henderson, Texas.
4Technically, Dallas County also had three fatal occurrences, if one includes a fatality that occurred in Combine. The small City of Combine lies in both Dallas County and Kaufman County.
5Senator Rodney Ellis (Harris County) is part of this 2007 article. In 1991, Ellis sponsored the statewide anti-BSL measure and helped ensure its passage. Nearly 15 years later, in 2005, Ellis backtracked by sponsoring SB 1111 that would allow counties over the size of 1.9 million (Harris, Bexar, etc.) to enact breed-specific laws. Recall that Ellis' constituency, Harris County, has the most fatal dog attacks in Texas.
6Three people were killed by pit bulls in San Antonio from 2007 to 2009. These deaths not only moved San Antonio doctors to undertake a medical injury and mortality study, but moved city officials to create policies favorable to dog bite victims.

Related articles:
05/21/11: Texas Doctors Produce Study: Mortality, Mauling and Maiming by Vicious Dogs
01/09/08: Lillian's Law - Texas State Dangerous Dog Law

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