Posted on November 19, 2009 by Colleen Lynn

Lafourche Officials 'Set Up' Second Attack; Rebuff State Representative

From left: State Rep. Rickey Hardy, Judge Jerome Barbera III and double-mauler "Shank."

The Lafourche "Compromise"

Larose, LA - On October 19, a pit bull owned by Jerome and Lillian Jarreau escaped its home and attacked a woman. Police said the attack was "brief but furious," after the dog ripped into 48-year old Tecla Smith's left arm. Smith's son Juan, who witnessed the attack, said he was surprised that the pit bull did not let go after being beaten on the head with a two-by-four. Smith's injuries required immediate multiple reconstructive surgeries and more are expected in the future.

After the attack, the pit bull, named Shank, was taken to the Lafourche Animal Shelter. The Lafourche Sheriff's Office initially requested that the dog be declared "dangerous" and euthanized. In a letter to State District Judge Jerome Barbera III, sheriff's staff attorney Mike Jimenez said the dog would "pose an immediate threat" to the public if ever released. Yet just before the dangerous dog hearing, a humane group intervened and a compromise was struck sparing Shank's life.

This "compromise" proves to be disastrous.

It is important to point out that prior to the compromise, not only had the sheriff's office strongly urged Judge Barbera to put the dog down, but State Rep. Rickey Hardy weighed in on the matter as well. Hardy authored the new Louisiana state dangerous animal law (HB 155). In response to the issue of "Shank," Harding said, "Not only should the pit bull be killed, but the owners should face charges of negligent injury and go to jail." He added, "One incident is too much."

The Compromise

"I was not satisfied," Hardy told DogsBite.org upon learning of the judge's decision. "We cannot give a dog like that a second chance," he said. "If it had been one of his family members how would he have dealt with the situation?"

Despite the wisdom offered by Hardy, Judge Barbera agreed to spare the dog based on sparse information provided by Michael Grunblatt of the Pontchartrain Humane Society, a rescue group that does not have a facility. According to their website, "The pets are cared for in foster homes until a permanent home is found." Grunblatt agreed to care for Shank for six months while the Jarreaus worked to meet state laws for housing a "dangerous" dog.

Following the arrangement, Jimenez told reporters: "I think with this compromise, everybody will be safe and it will give the Jarreaus a chance to become responsible dog owners." We have two thoughts for Mr. Jimenez: 1.) The community was not safe due to this arrangement, and 2.) Why do Shank's owners deserve a second chance at becoming responsible? Their dog already seriously injured a woman requiring her to undergo "multiple reconstructive surgeries."

On November 6, it was reported that the Pontchartrain Humane Society would not be allowed to take custody of Shank, as the group did not meet state requirements to house a dog deemed "dangerous," namely carrying $100,000 in liability coverage. Trusting that the rescue group could meet state standards in a few weeks, Shank continued to be housed at the Lafourche Animal Shelter, where the dog launches a violent attack upon an animal control officer 6 days later.

The Second Attack

Officer Joe Lamartina survived the attack, that he described as the dog "chewing my stomach." The pit bull's broken tooth was still in Lamartina's arm when he was transported to Thibodaux Regional Medical Center. The attack occurred when one of Shank's owners, Lillian Jarreau, visited the shelter for a 20-minute "play period" with Shank outside of its kennel. Unsurprisingly, Jarreau lost control of her 95-pound pit bull terrier and Lamartina quickly intervened to try to help.

Shortly after the second attack, Shank was euthanized.

The Moral of This Story

By Sheriff's officials and Judge Barbera agreeing to a "compromise" with the Pontchartrain Humane Society, they set up the attack on Lamartina. Both entities placed their trust in a small rescue group -- who approached Sheriff's officials in the "courthouse hallway" moments before the scheduled dangerous dog hearing -- instead of honoring the advice of Rep. Hardy. Furthermore, each aspect of the compromise was predicated on the following unreasonable assumption:

Within six months time, the owners of Shank could comply with state "dangerous" dog ownership laws, which include: Carrying a half million dollar liability policy ($400,000 greater than a rescue group is required to carry); installing a secure fence; and posting Dangerous Dog signs. Given that a $100,000 policy in Ohio1 can reach $800 annually for a pit bull with a non-biting history, it's extremely unlikely the Jarreaus could afford a $500,000 policy for a pit bull with a bite history.

What's Next?

Jerome Jarreau could be charged with "negligent injury" based on State Rep. Rickey Hardy's new legislation. Unlike many dangerous dog laws involving criminal repercussions, Hardy's legislation is not specific to on- or off-property attacks. The state law is specific to whether or not the dog owner is "reckless" in confining or restraining the animal. So though Tecla Smith was on the dog owner's property at the time of the attack, Jerome Jarreau could still be charged.

(HB 155 § 32) "The inflicting of any injury upon the person of another by a dog or other animal when the owner of the dog or other animal is reckless and criminally negligent in confining or restraining the dog or other animal."

It's unknown if Lillian Jarreau faces charges regarding the attack on Officer Joe Lamartina. As discussed in our recent phone call with Mr. Hardy, in instances when city and county employees -- Officer Joe Lamartina of the Lafourche Animal Shelter -- are injured, taxpayers are required to pay these costs. Not only did the Lafourche Sheriff's Office and Judge Barbera make the grave error of agreeing to a "compromise" with Shank, they left taxpayers to foot the medical bill costs.

Citizens of Lafourche Parish may wish to contact the following persons:

Judge Jerome J. Barbera III
17th Judicial Court (Lafourche)
303 W. 3rd St., 2nd Floor
Thibodaux, LA 70301
(985) 446-0517 - main
(985) 446-6423 - fax

Sheriff Craig Webre (Email)
Lafourche Parish Sheriff's Office
200 Canal Blvd.
Thibodaux, LA 70301
(985) 449-4420 - main
(985) 447-1854 - fax

1The State of Ohio is the only U.S. state with a state-level breed-specific pit bull law.

Posted on November 9, 2009 by Colleen Lynn

2009 Dog Bite Fatality: 16-Month Old Killed by Pit Bull of Babysitter's "Boyfriend"

Pit bull owner Jerry Westmoreland, has a "pit bull memorial" painted on his vehicle.

"Boyfriend's" Pit Bull
UPDATE 11/09/09: The New Albany Gazette published an update to the fatal pit bull mauling of Destiny Marie Knox. At the time of the attack, Destiny was under the care of her babysitter Tonya Graham. According to Union County Sheriff Tommy Wilhite, Graham and Knox were at Graham's boyfriend's residence, the home of Jerry Westmoreland, when the incident occurred. The offending pit bull, named Foolish, was shot and killed at the scene by a police officer.

The mother of the victim is Nicole Howard and the father of the baby girl is Detrick Knox. In regards to possible charges, Wilhite told reporters, "We have not been able to prove any neglect and haven’t established a criminal violation at this time." Charges, if any, will be determined in the March term of the grand jury. Westmoreland, who has a "pit bull memorial" painted on his vehicle, surrendered his four remaining pit bulls to the Oxford Humane Society.

11/07/09: Dog Was "Very Healthy, Very Stout"
New information concerning the death of Destiny Marie Knox has been released. The pit bull owner had a total of five pit bulls, one of which "slipped its collar" and chain and entered into the owner's home. The dog quickly attacked the toddler, who had not been left unattended as previously reported. Investigators found no signs that the pit bull had ever been mistreated. Chief Deputy Jimmy Whitten said, "This dog was very healthy, very stout. It was well-kept, well-groomed."

According to Whitten, Union County had not had a fatal dog attack in his memory, but he and fellow officers said vicious dogs are a frequent problem. Sheriff's Investigator Anthony Anderson said he'd favor a ban on pit bulls and other vicious breeds. "Every dog bite case I've worked at the hospital has involved a pit bull," he said. Investigator Roger Garner agreed. "When I was at Tupelo and we had attacks by dogs, almost 100 percent of the time it was by a pit bull or some pit mix," he said.

Both Whitten and Anderson believe that state legislators need to look at the growing pit bull problem and take action to prevent future maulings.

11/06/09: Victim Named: Destiny Marie Knox
Union County Coroner Mark Golding has released the identity of the Union County toddler killed by her babysitter's pit bull Thursday evening in the Martintown community. Golding identified the 16-month old child as Destiny Marie Knox. According to Union County Sheriff Tommy Wilhite, sheriff’s deputies are continuing their investigation into the killing. No other names of people involved, including the babysitter, have been released.

The child was killed at the home of its babysitter when the babysitter’s chained pit bull "slipped out of its collar" and followed the people into the house as they unloaded groceries. A 19-year old man in the house tried to stop the attack, but by the time sheriff’s deputies arrived the child was dead. The pit bull was later killed by sheriff’s deputies, presumably by gun fire.

"It’s devastating anytime you have the loss of a child," said Sheriff’s Investigator Anthony Anderson. "Especially in these circumstances, where the child was mutilated, it’s devastating."

The vehicle identified as belonging to the owner of the pit bull bears a "pit bull memorial." The dog, named Bam Bam, is apparently a former pit bull owned by the person. Two of the lines in its poem state, "But some of you don't like me, I'm sure I don't know why. The only thing I'm guilty of is courage, love and try." (Read full poem.) This pit bull owner is a "classic pit bull advocate" who undoubtedly stated on many occasions: "My dog would only lick you to death."

11/06/09: Child Killed by Babysitter's Pit Bull
New Albany, MS - In a developing story, a 16-month old child was attacked and killed by a pit bull in Union County on Thursday, November 5. Union County Sheriff Tommy Wilhite said a family was babysitting the child and left the child unattended in a room when the dog attacked. The incident happened on County Road 87 about 5:30 p.m. A 19-year old, who was at the home at the time, hit the pit bull and stabbed it several times trying to get it off the toddler.

This death marks the third death of a child by a pit bull mauling in less than two weeks. Each of these instances involved a "babysitter."

Posted on October 29, 2009 by Colleen Lynn

2009 Dog Bite Fatality: Toddler Wanders from Babysitter's Home; Killed by Pit Bull

Matthew Hurt, 2-years old, was killed by a neighbor's chained pit bull in Prescott.

Attacked His Throat
UPDATE 10/29/09: New information has been reported about the death of Matthew Hurt. According to a KTHV video, family and friends1 said the boy saw a puppy and chased it to a backyard where a pit bull was chained. Matthew's 3-year old brother followed him, then rushed home to alert the family. Neighbor Bridgette Monroe, who tried to help, described the horrible scene, "The babies' jugular, throat was bitten and from his mouth up to his eye was bitten."

Authorities seized two adult pit bulls from the dog owner's home2, one of which was male. Though not stated in the article, it's likely that the puppy Matthew had been chasing came from a litter of the two pit bulls. Richard Ray Smith, whose mother owns the dogs, said, "The dog has been raised with us and all the kids have played with the dog. It's not a violent dog, we don't know what happened." Smith added, "We don't want the family to be mad at us, it's just an accident."

But two adult chained pit bulls, likely part of a backyard breeding operation, that wind up severely injuring or killing a child is far from an accident. The situation is a ruinous attack only waiting to happen. Chief Brian Russell said police and emergency crews arrived within minutes and the boy was airlifted to St. Michael's where he was pronounced dead. "There very well could be charges either way," Russell said. "We'll just have to see where the investigation goes from here."

10/28/09: 2-Year Old Killed By Chained Pit Bull
Prescott, AR - Five days following the fatal pit bull mauling of 17-month old Colton Smith at his babysitter's home, two-year old Matthew Clayton Hurt of Prescott, Arkansas is also dead by a pit bull. Matthew arrived at his babysitter's home just before 10 am this morning. At some point, the boy wandered a few blocks away and into a backyard where a pit bull was chained. The dog savagely attacked the toddler. A woman walking nearby tried to help, but it was too late.

Little two year old Matthew Hurt was at his babysitter's just before 10 this morning. Matthew wandered 4 blocks away, into the backyard where the pit bull was chained but still managed to attack, killing him

A lady was walking nearby and asked for help after she saw the child in the backyard, they ran to see what was going on...but it was too late.

As you can imagine, the people nearby were disturbed and very shaken up after their discovery.

"He wasn't moving at all he was bitten all on his throat across his face just limp," Bridgette Monroe said. - KSLA-TV

1Matthew and his two siblings stayed with Kevin Taylor and Christy Godwin while their mom worked. The couple was afraid of the dogs and told the dogs' owner they were vicious in the past.
2The loose puppy of an unnamed breed has still not been caught.

Posted on October 27, 2009 by Colleen Lynn

2009 Dog Bite Fatality: 19-Month Old Boy Killed by Pit Bull-Mix at Babysitter's Home

Colten Smith, 17-months old, was killed by a pit bull-mix while under the care of a babysitter.

Future In-Law's Dog
UPDATE 10/27/09: Sheriff's Deputies confirmed that the 65-pound pit bull named Max did not belong to the babysitter, rather she had been "watching it" for a week for her future in-law's. This is despite the fact that a KMPH video shows a "Warning Security Dog" sign hanging on the babysitter's fence with rusted screws. A preliminary autopsy released Tuesday confirmed that Smith's death was a result of loss of blood due to a puncture wound to the subclavian artery.

Sheriff's Deputies say there are "no plans" to arrest the babysitter at this time. The case though will be sent to the District Attorney's office.

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The Lafourche "Compromise"