Posted on January 25, 2013 by Colleen Lynn

West Virginia Supreme Court of Appeals Upholds Town of Ceredo's Pit Bull Ban

High Court Upholds Pit Bull Ban
Charleston, WV - In a memorandum decision filed January 14, the highest court in West Virginia affirmed the constitutionality of a breed-specific ordinance that prohibited the ownership of pit bull terriers in the Town of Ceredo. In the decision, the high court affirmed the order of Wayne County Circuit Court Judge Darrell Pratt, who had affirmed the Municipal Court of Ceredo's conviction of three defendants for the possession of pit bulls within the boundaries of Ceredo.

The defendants were convicted by the municipal court on November 12, 2009 and each fined $162 plus costs. They appealed to the Wayne County Circuit Court arguing that the ordinance was "unconstitutional in that it is arbitrary and unreasonable." At the circuit court hearing, defendant Glenna Pelfrey failed to appear. Her appeal was dismissed and her conviction affirmed. The circuit court then ruled on the constitutionality of the Town of Ceredo's pit bull ordinance.

Circuit Court's Findings:

"That each Defendant’s dogs are of the breed that is typically referred to generically as pit bull dogs which are aggressive by nature, have been known as attack animals with strong massive heads and jaws, and have been found to represent a public health hazard. The majority of jurisdictions have accepted the proposition that dogs of this type have a propensity to be aggressive and attack without provocation and it is well established that such dogs have gotten a lot of notoriety of being dangerous to public health and safety."
"That in the State of West Virginia, a municipality has the authority to pass an ordinance to promote the safety of its citizens and to prevent risk of harm to its citizens which is a legitimate exercise of their police powers as granted by the West Virginia Legislature in Chapter 8 Article 12 of the West Virginia Code."
"The ownership, maintenance and control of dogs or other animals within city limits is a local concern which does not exceed the limitations of the home rule doctrine."
"That § 505.16 of the Codified Ordinances of the Town of Ceredo is legitimate, specific, rationally related to that legitimate interest and exercises the constitutional powers of the municipality to impose safety regulations to insure the health, protection and welfare of the citizens."
"That the ordinance is not constitutionally vague nor does it violate the due process of the Defendants because the owners may by limited by and subject to the City’s legitimate exercise of police powers by living inside the city limits."
"That the conviction of each Defendant was based upon the evidence that these were pit bull dogs, they were within the city limits, and they were owned, harbored or maintained by each of the defendants within the jurisdiction and based upon the same the Court finds that there was no violation of due process."

Defendants Steve Hardwick and Sharon Nalley1 appealed the circuit court's order to the state Supreme Court. The Prosecuting Attorney for the Town of Ceredo, Lora L. Lake, filed the response to the appeal and successfully argued the circuit course case.

Supreme Court of Appeals:

After careful consideration of the parties’ arguments, this Court concludes
that the circuit court did not abuse its discretion in denying petitioners’ appeal. Having reviewed the circuit court’s “Order” entered
on June 7, 2011, we hereby adopt and incorporate the circuit court’s well-reasoned findings and conclusions as to the assignment of error
raised in this appeal. The Clerk is directed to attach a copy of the circuit court’s order to this memorandum decision.

For the foregoing reasons, we find no error in the decision of the circuit court and its June 7, 2011 order denying petitioners’ appeal is affirmed.

The State of West Virginia now joins eleven other U.S. states and the District of Columbia where appellate courts have affirmed the constitutionality of a breed-specific pit bull ordinance. These states include: Arkansas, Colorado, Florida, Iowa, Kansas, Kentucky, New Mexico, Ohio, Utah, Washington and Wisconsin. (Kudos to Prosecuting Attorney Lora Lake, Wayne County Circuit Court Judge Darrell Pratt and the concurring Supreme Court of Appeals Justices.)

See full decision: Steve Hardwick and Sharon Nalley v. Town of Ceredo

1West Virginia pit bull owners can thank Hardwick and Nalley for successfully paving the way for new West Virginia municipalities to adopt similar pit bull ordinances without fear of constitutional challenges in these areas.

Posted on January 22, 2013 by Colleen Lynn

2013 Dog Bite Fatality: Dog Mauls Grandmother to Death While Babysitting Toddler

Daughter Recounts Attack
UPDATE 05/01/14: On May 1, 2014, Ruth Todd Halleran, Betty Todd's daughter, provided an account of the vicious attack that killed her mother to DaxtonsFriends.com. Fatal pit bull maulings are horrific and Halleran does not leave anything out. She also describes her wonderful childhood with her mother. Halleran last sees Betty alive on January 6, 2013. Two days later, she would receive a call from her brother, "I’m so sorry Ruthie. My momma is gone. The dog killed her."

Betty Anne Chapman Todd – Killed by the family pit bull while babysitting her grandchildren
By Ruth Todd Halleran
...I missed a call from my baby brother on January 8, 2013, then got a “911 call now” text from him. My initial thoughts were to pray that the children were safe, then I worried about his wife and prayed she was safe. I called him and could tell immediately something was horribly wrong. He yelled out that Mom was dead, his dog had killed Mom. I was very confused (who the heck hears about a dog killing anyone, much less a grown woman). My brothers are very good at practical jokes, and I had JUST seen my mother, there was no way something so unheard of, so appalling, had happened. I scolded my baby brother for using mother for the base of his sick joke. He sobbed into the phone, saying he was so sorry. “I’m so sorry Ruthie. I’m so sorry baby. Momma. Momma is gone. My momma is gone. The dog killed her.” I don’t recall everything I said to my baby brother. I remember falling to my knees and my son’s friend appearing before me. I remember feeling like I needed to time warp to my brother. I had to get to him immediately -- right away...

Read account in full »

01/21/13: Dog-Aggressive Pit Bull
Despite claims by the dog owner's brother-in-law, David Todd, that the family pit bull had "never shown any aggression before" and that the family "had the dog four years, and it never ever showed anything like this," it turns out the dog did have a history of dog aggression, and within the household. Further, the family pit bull fatally attacked 65-year old Betty Todd on January 8, just days (or possibly hours) after being neutered in the hopes of reducing the animal's aggression.1

The January 8 attack on 65-year-old Betty Anne Chapman Todd was by a family pet. Initially, authorities believed that the animal had no previous history of violence, but officials say that, through the course of the investigation, they discovered that the pit bull responsible for Todd’s death had killed another family pet, a siberian husky, just four months prior to the attack on Todd. Authorities say that, following that incident, the dog’s owner had the dog neutered the first week of January to take away its aggression. -Brian King, GwdToday.com, January 17, 2013

01/09/13: Victim Knew Dog Well
Additional details have been released about the death of Betty Todd. Officials say Betty Todd was watching her grandchildren at her son's home when the family pit bull attacked. She was babysitting while her son and his wife went out to dinner. One of the three children called their parents alerting them to the attack and the parents contacted 911. When deputies arrived at the home, they were met with a black and white pit bull that had blood on its mouth, chest and paws.

When EMS was able to reach the victim, they found Todd unresponsive. She had puncture wounds to her head, face and neck. Todd's son told deputies that his mother had been to his home on numerous occasions and around the animal without the dog ever showing aggression toward her, according to officials. The victim’s brother-in-law, David Todd, told reporters, "the dog slept in the bed with them," referring to the children. He called Todd's death a "tragic accident."

View Related video2

01/09/13: Woman Killed by Dog
Hodges, SC - In a developing story, Greenwood County deputies say a 65-year old woman was mauled to death by a dog Tuesday while babysitting a toddler at a home in Hodges. Another child in the home called 911 to report the attack and that the other people in the home had gotten out safely. Officers found the pit bull (bit pull) with blood on it in the home and the body of Betty Todd. The dog's owner was able to coral the animal into a room until animal control arrived.

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

1Whether or not neutering a male dog lessens what humans term "aggression" is much debated. Neutering, however, is generally agreed to be very important in reducing sexually related aggression (male dog-on-male dog). Also, if neutering is not done at an early age, less than a year old, there's no surety that even that type of aggression will be lessened. The pit bull in this case was at least 4-years old.
2Angy Hall of the Greenwood Humane Society said the dog was "protecting his family" which "any dog would do." Yet, the victim was the 65-year old grandmother of these children who had babysat numerous times before. The consistent and painfully false excuses the humane community provides after a fatal pit bull mauling are horrific.

Posted on January 21, 2013 by Colleen Lynn

2013 Dog Bite Fatality: Chained Pit Bull Kills Boy in Montgomery County, Texas

Christian Gormanous, 4-years old, was killed by his neighbor's chained pit bull.

Sister Helped Boy
UPDATE 01/20/13: More information has been released about the 4-year old boy killed by a chained pit bull. Christian Gormanous was playing with his 9-year old sister, Trinity, in their backyard when he climbed over a chain link fence into his neighbor's yard. Though the dog was chained, it was still within reach of the boy. The animal attacked the boy. Trinity was able to get her brother away from the dog; brought him back over the fence then told her mother what happened.

At the time of incident, their mother was inside the home feeding her newborn baby. The mother's friends say that she was horrified by the attack and quickly called 911. Emergency responders airlifted the boy to a Houston hospital, but he did not survive his injuries. Close friends now surround the devastated family, less one child. No information was provided about the dog's owner or if the family knew the dog's owner. Animal control officers took custody of the pit bull.

He was a sweet little boy who liked to dress up as Spiderman,” said Debra Dreyer, a family friend whose grandson played at Christian’s house. Photographs show a child wearing a superhero costume for Halloween.
“He was a happy, very happy, very loved, sweet, little boy,” Dreyer said.
On Saturday afternoon, Christian Gormanous’ mother Janell — who’s been caring for a newborn baby — left her 4-year-old son in their backyard with his 9-year-old sister. The boy did what boys often do: He climbed the fence and walked into a neighbor’s yard.

Waiting in the neighbor’s backyard was a dangerous dog, a chained pit bull.

The dog attacked the boy who’d wandered into the yard, savagely biting him until his sister Trinity came to his rescue. - KHOU, January 20, 2013

01/20/13: Pit Bull Kills Boy
Montgomery County, TX - A young boy died after being attacked by a neighbor's pit bull on Saturday. Deputies with the Montgomery County Sheriff's Office were dispatched to a home in the 5700 block of Pinehurst involving a 4-year old boy that had been bitten by a pit bull. Investigators learned the boy had climbed a chain link fence into a neighbor's yard and was seriously injured by a chained pit bull. Christian Gormanous was airlifted to a Houston hospital where he later died.

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

Join Texas Dog Bite Victims' Advocacy - Join our Texas email list to stay informed

In 2019, his mother Janell sang a tribute for him: "Singing to my precious son Christian"

Posted on January 11, 2013 by Colleen Lynn

2012 U.S. Dog Bite Fatality Statistics - DogsBite.org

Fatal Dog Attack Statistics
DogsBite.org recorded 38 fatal dog attacks in 2012.1 Citations of each victim's story are located on the Fatality Citations page. The last year the CDC recorded human deaths by dog breeds was 1998. Likely due to pressures from animal advocacy groups, the CDC stopped further research into this area. Since 1998, pit bulls alone have killed 208 U.S. citizens. The only other known entity, in addition to DogsBite.org, that tracks this vital data publicly is Animal People.

38 U.S. fatal dog attacks occurred in 2012. Despite being regulated in Military Housing areas and over 600 U.S. cities, pit bulls contributed to 61% (23) of these deaths. Pit bulls make up less than 5% of the total U.S. dog population.2
Together, pit bulls (23) and rottweilers (3), the second most lethal dog breed, accounted for 68% of all fatal attacks in 2012. In the 8-year period from 2005 to 2012, this combination accounted for 73% (183) of the total recorded deaths (251).
The breakdown between pit bulls and rottweilers is substantial over this 8-year period. From 2005 to 2012, pit bulls
killed 151 Americans, about one citizen every 19 days, versus rottweilers, which killed 32, about one citizen every 91 days.
See full report: 2012 U.S. Dog Bite Fatality Statistics - DogsBite.org
News release: Nonprofit Releases 2012 Dog Bite Fatality Statistics

Discussion Notes

2012 is the first year that DogsBite.org is adding a discussion section to our annual dog bite
fatality statistics. Annual data from 2012 shows a continuation of existing trends and new trends as well, some of which we will track in the future. To start, in the 8-year combined results, we see a whole number drop again in the average number of days, 19, that a pit bull kills an American, down from every 20 days in 2005 to 2011 results and 21 days in 2005 to 2010 results.

By reviewing the Fatal Pit Bull Attacks website, one sees that in the 8-year period from 1997 to 2004, pit bulls killed an American every 48 days. If one reaches back further into the 1980s, when the pit bull problem erupted on a national scale and cities began adopting pit bull laws, the spacing is even further. In the 8-year period from 1981 to 1988, a pit bull killed a person about every 65 days. This is generous, as the CDC study reflecting the same years shows every 70 days.

There is no dispute that pit bulls are killing at an accelerated pace. What is unknown is the "magic number" that must be reached -- a pit bull killing a person every 15, 10 or 5 days? -- before more lawmakers respond with measures to reduce these injuries and deaths. It is also unknown when more parents will reject the propaganda about this dog breed, spread by pit bull owners and animal welfare groups, and become aware of the injuries and deaths attributed to them.

That roughly one-third of all fatal dog attacks in 2012 occurred when the victim was either visiting or living temporarily with the dog's owner, and that 75% of the victims in these circumstances were children should send a powerful message to parents. There is an extremely heightened risk factor when a child is placed into these two scenarios, especially when the dog is a pit bull or rottweiler. In 2012, these two dog breeds accounted for 78% of the child deaths in these scenarios.

The death of a child by a so-called "service dog" also occurred under these circumstances. Last
January, a 6-year old boy and his family were visiting the home of a military serviceman
in Oak Grove, Kentucky whose dog was allegedly trained to help him cope with Post-Traumatic Stress Disorder. The dog horribly attacked the boy, killing him. There will be more "service dog" deaths, as the revised ADA fails to require certified training or licensing for a service dog.

In 2012, two "missing children" cases required multiple law enforcement agencies to carry out search and rescue missions. Kylar Johnson, 4-years old of Victoria, Texas was discovered dead 14 hours later, killed by a chained pit bull. Bryton Cason, 4-years old of Donalsonville, Georgia was discovered in his own front yard three hours later, killed by a loose dog. In the future, we might expect similar "missing children" search missions to be linked to a dangerous dog.

In 2012, two dog bite-related fatalities involved United States Postal Service employees. Dog bites and dog aggression have historically posed a problem for letter carriers, but the October attack on 55-year old Robert Rochester Jr., of New Castle, Delaware, further intensifies it. The dog in this instance escaped its owner's fenced property and viciously attacked Rochester who was collecting mail from a bin on a street, not making deliveries. Rochester died six days later.

In 2012, due to legal maneuverings by animal rights groups, two dogs that killed humans were spared euthanasia. On April 27, a Pennsylvania judge agreed to send a husky that killed a newborn to an out-of-state "sanctuary." The next case emerged on the same day, after a baby boy in Henderson, Nevada was killed by his grandmother's mastiff. The mastiff remains in quarantine awaiting a decision by the Nevada Supreme Court after intervention by the Lexus Project.

The circumstances and legal issues of the two cases differ, but the results are the same: the dog is sent to an out-of-state "sanctuary" to live out the rest of its life. Yet, after a dangerous dog is shipped across state lines, what oversight follows? In January, the Lexus Project gained ownership of a pit bull-type dog that was involved in a man's death. The group sent the dog, named Bones, to a residential home in Ohio that had 15 other dogs. Bones is currently missing.

Conclusion

The data from 2012 is painfully clear. Innocent people continue to be the suffers of the local and national battles waged by pit bull owners and animal advocacy groups, who have distorted the truth about pit bulls since the 1980s. Moreover, the government public health agency, the CDC, has abandoned the issue of dangerous dog breeds since their last published study in 2000, a study that had a 3-2 majority of animal authors, instead of medical doctors for human beings.

At that time, the CDC was led to believe by the animal authors that pit bulls had been replaced by a new killer breed, rottweilers, thus legislating specific dog breeds would be fruitless. Did the CDC doctors ever imagine back then that about a decade later an American would die every 19 days as the result of pit bull mauling? This is unknown, but the animal authors did know; each understood the unique attack behaviors of dogs selectively bred to fight to the death in a pit.3

If the public has to wait for the "magic number" to reach every 10 days, or worse every 5, to gain the attention of public health officials, the volume of serious and fatal maulings inflicted by well-documented dangerous dog breeds will be unspeakable.

Data Collection Method: How We Collect U.S. Dog Bite Fatality Data

1Mable McCallister died on December 31, 2011, but her death was not reported until January 3, 2012. Mable is included in the 2012 dog bite fatality statistical data and excluded from 2011. At least two additional victims died due to dog bite-related injuries in 2012. These deaths involved non-dog bite injury, minor dog bite injury or lacked a "reasonably clear" determination of death due to dog bite injury and are not included in the DogsBite.org statistical fatality data: Tim Thomas, 49-years old (Douglas County, GA) and Cary Phalen, 50-years old (Omaha, NE).
2More adoptions will not end shelter killing of pit bulls, by Merritt Clifton, Animal People, October 2011.
3While working at the Humane Society of the United States, Randall Lockwood participated in three dog bite fatality studies. Ironically, Lockwood's research of fighting dogs (the PDF file) was used to uphold the Denver pit bull ban.

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