Posted on August 23, 2010 by Colleen Lynn

2010 Dog Bite Fatality: Mountain Ranch Man Mauled to Death by Two Pit Bulls

Jerry Yates' seen in his Celebration of Life photograph.

Pleads Not Guilty
UPDATE 09/17/10: Sheryl Sellers pleaded not guilty in a crowded courtroom on Tuesday, despite her dogs involvement in previous acts of aggression. Sellers lawyer, Ken Foley, also filed a motion to dismiss Judge Douglas Mewhinney declaring that he was prejudiced against the defendant. Yates' daughter, Jami Southard, had hoped Sellers would plead guilty and put the incident to rest. "She’s not going to take any responsibility for this. I don’t know how else to take it," she said.

Foley told the deputy manning the courtroom entrance that he did not want his clients hassled, and Calaveras County Sheriff’s Office Deputy Tyson McMahon asked Yates’ family members to leave the entryway.

“This was supposed to be over,” Southard said. “Now she’s got a shyster lawyer.”

A man who identified himself only as Sellers’ stepfather tried to placate Yates’ family members. “She just feels awful,” he said.

“You know what?” Southard said. “Nobody is as sorry as my family. We have been financially ruined. That dog tore my dad to death and now she’s going to plead not guilty?” - Joel Metzger, Calaveras Enterprise

09/14/10: Sellers Dogs Had History
The Calaveras Enterprise reports that Sheryl Sellers is being arraigned in court today on felony charges in connection to the mauling death of Jerry Yates. His daughter, Jami Southard, now believes that Sellers pit bulls were "an accident waiting to happen." She described the failure of Sellers to confine her dogs as "criminal." Southard added, "She knew how aggressive those dogs were. You could ask anybody. Nobody could go near her truck when those dogs were in it."

Problems with Sellers dogs began in 2005 when she was living with Michael Richard off Swiss Ranch Road. The couple had about 10 dogs, seven or eight being pit bulls. After their dogs threatened neighbors and killed one dog, both were cited for multiple violations; fined over $1,000 and ordered to reduce their number of dogs to three, each being neutered. Sellers left Richard in March and began living on Yate's property with her pit bulls. Five months later, her dogs killed him.

What happened in Calaveras County is a perfect example of who commonly owns dangerous dogs -- grossly irresponsible types that should be subject to Depraved Indifference charges -- and how the county's current policy failed to prevent the death of Yates. Richard's neighbors continue to live in fear of his pit bulls. Arlene Azzarello, who suffers from cancer and congestive heart failure, said that a pair of pit bulls recently terrified her. Between the pit bulls marauding on her property and gunfire coming from Richard’s residence in the middle of the night, she's afraid.

08/26/10: Autopsy: Victim Bled to Death
Autopsy results confirm that Jerry Yates bled to death after being mauled by two pit bulls owned by Sheryl Sellers. According to sheriff's Capt. Jim Macedo, the official cause of death was the severing of a brachial artery, the main blood vessel of the upper arm. Macedo said the autopsy also showed that the pit bulls continued biting Yates even after he had died. There were no underlying medical conditions that contributed to his death, according to Macedo.

Calaveras County sheriff's Capt. Jim Macedo said that although Jerry Yates suffered dog bites all over his body, the autopsy determined the official cause of death was the severing of a brachial artery, the main blood vessel of the upper arm.

Macedo said Yates also suffered defensive wounds in his struggle with the dogs. "He was trying to protect himself," Macedo said.

Macedo said the autopsy also showed the dogs continued biting Yates even after he had died, and that there were no underlying medical conditions that contributed to his death. - News 10, August 26, 2010

08/24/10: Family and Friends Grieving
Sheryl Sellers was a friend, employee and tenant of Jerry Yates, a businessman, philanthropist and Vietnam Vet. Yates was killed by Sellers' two pit bulls on Sunday after the dogs escaped their pens. When Yates' son Jered went to look for his missing father, he came face-to-face with the vicious dogs, their muzzles were still bloody. Police said there was a lot of blood on the vehicles the victim was found lying between indicating obvious signs of a physical struggle.

Yates' daughter, Jami Southard, told Recordnet.com, "It was a horrible, horrible freak accident," repeating a distortion voiced by pit bull owners after their animal inflicts serious injury or death. A glance at the California Fatal Pit Bull Mauling map shows how frequent these attacks are. But the 27-year history of dog attacks, compiled by Animal People, is far more damning: Between 1982 and 2009, pit bulls inflicted grave bodily harm to 1,451 persons, maimed 777 and killed 153.

Sellers is now charged with a felony for having an animal that caused human death.

08/23/10: Pit Bulls Kill Mountain Ranch Man
Mountain Ranch, CA - In a developing story, a man was mauled to death by at least one pit bull Sunday afternoon in Calaveras County. Sheriff's Capt. Jim Macedo said Jerry Yates, 69, was found by his son Jered a little after 5 pm after he went looking for him. Macedo said about a half hour earlier, Yates had gone outside to check on a woman who rented a trailer on his Doster Road property. The woman, Sheryl Sellers, 49, kept two pit bulls in a fenced area of the yard.

Sellers was arrested and booked into jail for allowing vicious animals to be at large.

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

sheryl sellers and her pit bull that killed jerry yates

1Sellers feeling "awful" doesn't pass a simple smell test.

Posted on August 21, 2010 by Colleen Lynn

2010 Dog Bite Fatality: Tracey Payne, 46, Killed by Pack of Pit Bulls in South Macon

Macon-Bibb County Animal Control loading a pit bull suspected of killing Tracey Payne.

Previous Attack by Dogs
UPDATE 08/21/10: Authorities report the same pit bulls that killed Tracey Payne attacked a man walking past the house the night before. Kerry Whisby, 31, said he was cutting through the alley to go to the nearby Flash Foods convenience store at about 11:30 pm when one of the dogs ran up to him and started biting his arm. "The dog tore me up and kept biting even as I was trying to run away," he said. "Eventually, I was able to climb on the roof of someone’s car and ride away."

Unlike the Memphis attack (See: Pit Bulls Kill Man, Injure Four Others in Memphis) that killed William Parker and injured four others in July, police did not know about the incident involving Whisby. The "badly injured" victim did not file a police report after being taken to the hospital in the predawn hours of Thursday.1 Payne was killed between 6-8 am Thursday morning. The attacking pit bulls belonged to the house's previous resident who left the animals behind after moving out.

In a separate incident Wednesday night at the same location, Kerry Whisby, who lives on Carling Avenue, was bitten and badly injured by one of the pit bulls while walking past the house.

Whisby, 31, said he was cutting through the alley to go to the nearby Flash Foods convenience store at about 11:30 p.m. when one of the dogs ran up to him and started biting his arm.

“The dog tore me up and kept biting even as I was trying to run away,” he said. “Eventually, I was able to climb on the roof of someone’s car and ride away.”

Whisby said the dogs belonged to the house’s previous tenant, who he said had left the dogs behind after moving out.

Whisby did not file a police report about the dog attack after being taken to the hospital for his injuries Wednesday night. - Carl Lewis, The Telegraph/Macon.com, August 21, 2010

08/20/10: Fatal Dog Mauling Suspected
Macon, GA - In a developing story, an autopsy conducted Friday confirmed that a woman died of blunt force trauma and lacerations by a pack of pit bulls. She had been dead for about six to eight hours prior to being discovered. Tracey Brazzell Payne, 46, was discovered Thursday in the backyard of a vacant south Macon home with severe lacerations that appeared to be inflicted by dogs. Bibb County Coroner Leon Jones said a pack of pit bulls was found in the same yard.

A woman whose body was discovered in the backyard of a south Macon home Thursday afternoon died after being attacked by a pack of pit bulls, an autopsy conducted Friday has found.

Tracey Brazzell Payne, 46, was attacked by dogs that were roaming in the yard at 1284 Glendale Ave., near Houston Avenue. Police found her body lying in the bushes in the backyard of the house about 2 p.m. Coroner Leon Jones said Payne died of blunt force trauma and lacerations from the dog attack. She had been dead for about six to eight hours.

Macon police spokeswoman Jami Gaudet said police are waiting to see the full autopsy report before making any decisions about exactly how the death occurred. - Carl Lewis, The Telegraph/Macon.com, August 20, 2010

1This raises a "spidey sense," which indicates that a "pit bull spin" or "shift the blame spin" is in the works. Whisby was "badly injured" in the biting incident and police are blaming him for not reporting the attack after he was treated in the hospital, which may have been as late as 2, 3, 4 or 6 am Thursday morning; the same time the pit bulls were killing Payne. Shame on Macon police authorities!

Posted on August 18, 2010 by Colleen Lynn

New Blog Dispels 'Nanny Dog' Myth Invented by Pit Bull Fanciers

The Nanny Dog Myth
DogsBite.org - A new blog, "The Truth About Pit Bulls," launched Tuesday with contributors CKing and Craven Desires. The first myth they address, the Nanny Dog myth, is widely disseminated by pit bull advocates and pro-pit bull groups. According to the authors, the first mention of "nanny dog" with regards to any breed did not occur until 1904 when the first stage production of Peter Pan opened featuring a nursemaid dog that was never portrayed as a Staffordshire bull terrier.1

The first known reference of a Stafford likened to a nursemaid dog appeared in a 1971 New York Times article. Lillian Rant, President and magazine editor of the Staffordshire Bull Terrier Club of America, states in the piece that the breed formerly had "an unsavory reputation for fighting and violence and his name became associated with ruffians." Rant adds, "The Stafford we know today quickly becomes a member of the family circle. He loves children and is often referred to as a nursemaid dog."

To learn more about the Nanny Dog myth, please read the complete post.

The Authors Promise:

"This blog has one goal: to expose the lies created by pit bull advocates and repeated to such an extent that they become regarded as truth. This propaganda strategy is known as Proof of Assertion and it is a favored tactic employed by the well organized pit bull apologia as it requires no critical thinking skills, only strength in numbers. The pit bull apologia's measure of success is even more simple. The Machiavellian like army of pit nutters need only drown out the opposition, regardless of the fact that their arguments completely lack any substance or merit. The pit bulls' army is made up of a handful of elite pit bull advocates like the sinister Jane Berkey, Ledy Vankavage, Cydney Cross, Karen Delise, Donna Reynolds, Dawn Capp and Diane Jessup2 who orchestrate the campaign for thousands of dedicated gullible drones that perform the grunt work; infecting the internet with the rote memorization of fabricated talking points. As their insane and baseless rantings begin to leach outside of the cult like bubble they live in and infect normal citizens, humane societies and law makers, it is critical that their lies be exposed."

1Note the invisibility of references in Google News Archive from 1870 to 1984 for the term "nanny dog." 1984 marks the year when municipalities began enacting pit bull laws, which started in the Village of Tijeras.
2In brief: Jane Berkey owns and operates Animal Farm Foundation and the National Canine Research Council, both of which disseminate mass pit bull propaganda. Berkey's group donates tens of thousands of dollars to Bad Rap, a pit bull rescue group run by Donna Reynolds. Cydney Cross operates "Out of the Pits," another pit bull rescue group, who adopted out a pit bull that nearly killed Frankie Flora last year. Cross formerly worked for Berkey and was allegedly mauled by a pit bull on her property between 2002-2004. Karen Delise formerly operated the National Canine Research Council until it was purchased by Berkey in 2007. Diane Jessup operates the Working Pit Bull website and authored the book, "The Dog who Spoke with Gods." She was represented by Berkey's agency, the Jane Rotrosen Agency who uses a creepy Tim Racer (husband to Donna Reynolds) pit bull carving as it's mascot. Ledy Vankavage is a hired gun for Best Friends and formerly worked for the ASPCA. Dawn Capp operates Chako the pit bull rescue, which was formerly Chako the lobbying group.

Photo: The Truth About Pit Bulls

Posted on August 1, 2010 by Colleen Lynn

Department of Justice Axes Monkeys, Other Creatures From Service Animals

A variety of animals no longer accepted as service animals.

DOJ Issues FAQ - July 2015
UPDATE 07/20/15: On July 20, 2015, the Department of Justice issued an FAQ about service animals and the ADA. To our dismay, the DOJ essentially ignored the massive amount of press that has accumulated since 2010 regarding service dog fraud and failed to take any action against the online sellers of fake service dog identification. Moreover, to the delight of the many abusing the ADA, the DOJ clarified that individuals with disabilities may use more than one service dog.

Enjoy a future bus or subway ride with two fake service pit bulls in the seat behind you!

07/23/10: ADA Revisions Signed
Washington D.C. - On July 23, 2010, Attorney General Eric Holder signed the final regulations revising the Department’s American with Disabilities Act (ADA). These revisions began during the Bush administration. Persons who continue to insist that a monkey, iguana or other creature is a "service animal" may only do so for about another year-and-a-half. Under the revised rules, a service animal only applies to dogs and qualifying miniature horses (See: Section (i) of § 35.136).

Definition of a Service Animal

§ 35.104 Definitions
"Service animal means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition."
--snip--

"The crime deterrent effects of an animal's presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition."

The failure of the new ADA revisions is that no certified training or licensing (documentation) for a service dog is required. Despite this, and/or in light of this, non-government funded websites, such as, Bring Your Dog Anywhere and the National Service Animal Registry exist to provide such documentation for a fee.1 In true Internet "shopping cart" style, via a few mouse clicks and a payment, a dog owner can register his pet as a service dog and receive an identification kit.

"Skirters" of the Law Benefit

The lack of certified training or licensing will continue to cause confusion amongst public and private entities regarding, "What is an authentic service animal?" As recently demonstrated by pet iguana owner Wayne Short, who registered his iguana with the National Service Animal Registry after authorities banned the animal, city officials are confused. The revised ADA regulations will at least clarify that iguanas cannot be service animals. But what about dogs who supposedly qualify?

Removal of a Service Animal

While it is possible for the owner of any dog to call it's pet a service animal due to the lack of requiring certified training and licensing, there are some exclusion factors. Exceptions (1) and (2) will eventually snag non-legitimate service animal owners. Our concern at DogsBite.org is the "confusion loophole" left in the revised ADA regulations and that owners of pit bulls and other potentially dangerous dogs will take advantage of it by flashing an ID card purchased online.2

§ 35.136 Service Animals
(a) General. Generally, a public entity shall modify its policies, practices, or procedures to permit the use of a service animal by an individual with a disability.
(b) Exceptions. A public entity may ask an individual with a disability to remove a service animal from the premises if:

(1) The animal is out of control and the animal's handler does not take effective action to control it; or

(2) The animal is not housebroken.
--snip--

(f) Inquiries. A public entity shall not ask about the nature or extent of a person's disability, but may make two inquiries to determine whether an animal qualifies as a service animal. A public entity may ask if the animal is required because of a disability and what work or task the animal has been trained to perform. A public entity shall not require documentation, such as proof that the animal has been certified, trained, or licensed as a service animal. Generally, a public entity may not make these inquiries about a service animal when it is readily apparent that an animal is trained to do work or perform tasks for an individual with a disability (e.g., the dog is observed guiding an individual who is blind or has low vision, pulling a person's wheelchair, or providing assistance with stability or balance to an individual with an observable mobility disability)."

1The cost of a service animal identification package at BringYourDogAnywhere.com is $365. The cost at the National Service Animal Registry is $64.95.
2In August 2009, Isaiah Kalebu, showed up in a King County courtroom with his pit bull service animal. Officials allowed the dog because they believed they had to under the ADA.

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