Posted on December 10, 2009 by Colleen Lynn

2009 Dog Bite Fatality: 70-Year Old Dies After Violent Maiming by Pit Bulls

Lowell Bowden died after being horrifically mauled by a pack of pit bulls.

Victim Dies of Injuries
Lindside, WV - On November 27, Lowell Bowden was attacked by a pack pit bulls. Lowell's family submitted a statement to DogsBite.org that recounts the attack that led to his death on December 4. This marks the second fatal dog attack in West Virginia this year, both attributed to pit bulls. We urge West Virginia citizens to contact their state legislators and ask that they sponsor a bill that provides felony punishment for owners of loose dogs that seriously injure or kill a human being.

The Bowden Family Statement

"The family of Lowell Bowden is saddened and horrified by his death. On Friday, Nov 27, 2009, the day after Thanksgiving, Lowell went for his normal walk, around 4:00 pm on the same main, gravel road in the subdivision in which he and his wife live, in Lindside WV, with no knowledge or indication of potential danger. Two hunters, a man and his young daughter, came upon 4 pitbull breed dogs attacking something. When they realized that it was a person, the man got out of his car, and stomped his feet trying to scare them away. When the dogs did not move from their kill, the hunter fired a shot in the air, so as not to accidentally shoot Mr. Bowden, which made 3 of the 4 dogs run away. One dog still stood in defiance, growling, before running away.

The hunters got help, and a neighbor notified Mr. Bowden's wife and family, at their home, not less than 1/4 mile away. Mr. Bowden had no vital signs, but the emergency medical technicians brought him back to life and took him to a local hospital, where he was then air-lifted to a hospital in Roanoke. He was put on life-support in critical condition. Mr. Bowden was maimed beyond recognition, with no facial features remaining and other horrific disfigurement. Mr. Bowden passed away on Friday, Dec 4, 2009 early in the morning.

The family holds the owners of the pitbulls and the county responsible and accountable for Mr. Bowden's death. The owners of these dogs had previously been cited, and only fined, by the county for chasing and harassing children and horses. By West Virginia state law, the homicide of Mr. Bowden is only considered a misdemeanor. They want to make sure that no one else ever has to face this horrific event, by changing the West Virginia state law to make maiming or death by owners of any dangerous breed of dog, a felony. This breed of dog is nationally considered dangerous and vicious, and these particular dogs were allowed to roam free, by the owners, in a pack. Based on the history of attacks by this breed of dog, this attack never should have been allowed to occur by these negligent owners, and the family never should have to be dealing with the nightmare of the death of their beloved husband, step-father, brother-in-law, uncle, and grandfather. The family, although during their time of suffering and pain want to concentrate their efforts to change state laws to send a loud and clear message to irresponsible and negligent dog owners of any breed, to manage the keep of their dogs according to strict guidance, or suffer the punishment of a felony instead of a misdemeanor of that this does not ever happen again. No more one free bite, one free mauling and no more one free homicide!"

Summary of Legal Proceedings

December 9, 2009 - Sheriff's deputies charged Justin Blankenship, his mother Kimberly
Blankenship, Anna Hughes and Mose Christian with involuntary manslaughter charges. The four were previously charged with misdemeanors.
August 2010 - Justin Blankenship, 19, entered a guilty plea to involuntary manslaughter and four counts each of failure to register dogs and failure to vaccinate for rabies. He also pleaded guilty to an unrelated charge of manufacturing marijuana.
August
2010 - Charges against two other people, Mose Christian and Anna Hughes, both of Mercer County, were dropped because no evidence was found linking them to ownership of the dogs that attacked Bowden, according to the prosecutor.
February 2011 - A Monroe County jury found Kimberly Blankenship not guilty of involuntary manslaughter in connection to Bowden's death. The acquittal came after testimony from Justin Blankenship, who took full responsibility as the dogs' owner.
September 2013 - The WV Supreme Court agreed to hear a civil case brought by Bowden's estate against Monroe County Commission, Patricia Green (the dog warden), American Modern Home Insurance Company and the four defendants.
September 2013 - The high court reverses lower court's ruling.
"According to the high court's memorandum decision, before Bowden could amend her complaint and prove the dog warden was not immune to being
sued, a judge wrongly dismissed it.
October 2013 - The ruling allowed Dreama Bowden’s wrongful death lawsuit against the Monroe County Commission and the county dog warden to continue. By this time, the other defendants had settled or had default judgments entered against them.
As of November 17, 2016 the case was back at the appellate level...
May 18, 2017 - West Virginia Supreme Court of Appeals reinstates lawsuit against the Monroe County Commission and Dog Warden Patricia Green. “We find the circuit court’s rulings in both orders to be erroneous.” - Justice Robin Jean Davis

View the DogsBite.org Google State Map: West Virginia Fatal Pit Bull Attacks.

Posted on November 30, 2009 by Colleen Lynn

2009 Dog Bite Fatality: Flora Woman, 85, and Her Dog Killed by Loose Pit Bull

Rosie Humphreys and her poodle were killed by a neighbor's loose pit bull.

Police Press Conference
UPDATE 12/04/09: Police Chief John Nicholson said the attacking dog was indeed a pit bull, an unaltered 3-year old male, with full registration papers. "The dog did not appear malnourished or abused and had no visible signs of mistreatment," he said. The dog did not slip its collar or break its chain either. According to Nicholson, the dog had gotten loose because the metal "D" ring on its collar failed. No criminal charges are expected to be filed against the owner, Brian Pennington.

Statement from Chief John Nicholson:

"The incident that occurred on November 30th at 235 Austin Avenue in Flora has devastated several families.

This was a very tragic event for not only the families involved, but the neighborhood a well.

Rosie L. Humphreys, 85, of 235 Austin Avenue Flora, Illinois was not only a citizen of Flora, but was so much more to so many.

After speaking to several neighbors and friends in this neighborhood, it became apparent that Rosie was everybody’s Grandmother within that area.

This is exactly why this case is so tragic, as Ms. Humphrey could have been anybody’s grandmother at any town USA.

Before I go into a timeline of the events of November 30th, I would like to clarify some misinformation, clear some disinformation and stop some on going rumors.

The particular breed of the dog involved in the attack was an American Pit Bull Terrier.
He was an unneutered 3 year old male, with full registration.

The dog was purchased from a registered breeder at 6 months of age by Brian Pennington of Flora.

There is no available information that it had ever been trained by its owner, Brian Pennington to attack or fight in any manner.

The dog was Pennington’s family pet.

The Flora Police Department or the Clay County Health Department Animal Control office have never received a single call as to this particular dog or the owners address at any time.

There has been no documented or reported cases, where this dog has displayed any aggression towards people or other dogs.

The dog did not appear malnourished or abused and had no visible signs of mistreatment.

The dog did not slip its collar, break the chain or dig its way out of the kennel..."

--snip--

"...All available evidence indicates that the factory installed metal "D" ring on the leather collar broke, which released the dog.

The metal "D" ring was of normal size for this collar type.

The metal appeared normal in wear and condition.

On December 1, 2009 a forensic autopsy was conducted by Dr. John Heidingsfelder at the Clay County Hospital.

The preliminary results showed the cause of death was due to Exsanguination, due to transected Carotid Artery, due to bite mark lacerations to the face, neck and extremities.
The manner of death was ruled accident.

After careful review of the applicable criminal statutes that could apply to this case and all physical evidence, witness statements, and background investigations, it was determined by the Clay County State’s Attorney’s Office that there will be no criminal charges filed at this time against Mr. Pennington."

12/01/09: Police Say Family Pit Bull "Snapped"
According to police, the family pit bull that killed Rosie Humphreys and her poodle on Monday had no history of displaying aggression. Neighbor David Bohnman, who lives across the street from the victim, said he heard screams and saw something he will never forget: his lovely neighbor and friend being killed by a pit bull. Geb Borders with the Illinois Police Department said that Humphreys suffered fatal injuries to her "neck and facial area."

The victim reportedly had two poodles and often walked them up and down the street. Neighbors said the pit bull was quiet, "so quiet many didn't know he was there until now." Yet on Monday, the pet pit bull broke free from its collar and fatally attacked Humphreys and her dog. Police say they have "no idea why" the pit bull that lived two houses down and has for years suddenly snapped. No previous reports of aggression have been made to authorities about the pit bull.

11/30/09: Woman and Dog Killed by Pet Pit Bull
Flora, IL - In a fatal dog attack that appears to have begun with "pit bull dog-aggression," an 85-year old woman was mauled to death by a pit bull after the animal killed her small poodle. Police say Rosie Humphreys had taken her dog for a walk Monday afternoon. The pit bull had reportedly been secured with a log chain and a heavy collar, but broke the chain, freeing the dangerous animal to kill Humphreys and her dog. An autopsy is scheduled for Tuesday.

Statement from Chief John Nicholson:

"On November 30, 2009, at approximately 2:18 p.m., Clay County 911 dispatch center received a 911 call of a pit bull attacking a woman at a residence on the 200 block of Austin Ave. here in Flora. The 911 telecommunicator dispatched Flora City Police Officers and Clay County Ambulance Paramedics to that location.

Upon officer’s arrival, neighbors had gained control of the pit bull which had attacked an elderly female. The pit bull had apparently also attacked and killed a smaller dog owned by the victim. Officers along with citizens rendered first aid to the victim until paramedics arrived. The efforts to save the elderly female were not successful.

Pronounced dead at the scene by Clay Co. Coroner Gary Bright was 85-year-old Rosie Humphreys of Flora. It appeared she died of injuries she received from the attack by the pit bull. The dog’s owner and police officers were able to contain the dog in a pet carrier until Clay County Animal Control personnel arrived. An autopsy has been scheduled for Dec. 1, 2009.

Nicholson would like to thank the assistance provided to his agency by the Clay County sheriff’s office, Clay County state’s attorney’s office, Flora/Clay Co. animal control/health department and by the crime scene services provided by the Illinois State Police."

View Related ZUPF video

Posted on November 26, 2009 by Colleen Lynn

2009 Dog Bite Fatality: Dog Kills Retired Librarian in White Mills, Kentucky

Karen Gillespie, 53-years old, was brutally mauled to death by a white boxer-mix.

Misdemeanor Charges
UPDATE 06/12/10: Last November, Karen Gillespie was mauled to death on a property adjacent to Howard Miller. It was reported Friday that Kentucky State Police filed misdemeanor charges against Miller for violating the county's vicious dog ordinance. The complaint comes shortly after a grand jury declined to indict Miller on a more severe felony charge. Gillespie's family was devastated by the news. They had hoped for a felony indictment by the grand jury.

Instead, as in many other cases of serious and fatal dog attacks, the victim's family was flung under a rug, despite the fact that Miller's dogs were loose -- roaming off property at the time of the attack -- and had previously attacked at least two other human beings before killing Karen. Her husband Stephen Gillespie believes the judicial system failed his wife and family, echoing the horrible injustice that victims of violent and deadly dog attacks often experience.

"Punish the Deed" is a fictitious statement often voiced by pro-pit bull advocates and in this case, its empty meaning backed up by the Commonwealth's Attorney, whose job is to protect the public, and the grand jurors. Recently, jurors in the case involving two pit bull owners whose three dogs nearly killed two people -- Duane VanLanHam and Bridgetta Bradly -- spent four days deliberating if one of the dogs, which was an offspring, belonged to the pit bull owner (?)1

It must be noted in the Gillespie case that not only did the judicial system fail the family, Hardin County Animal Control failed them too. Despite no witnesses to the attack that ended Karen's life, officials seized just one of Miller's dogs after the incident (this is very unusual). It was later determined that more than one of Miller's dogs was involved in the attack. Only then did officials impound the other dog, the third dog having allegedly already disappeared.2

After the discovery of Karen's body, Hardin County Animal Control Supervisor Jerry Foley referred to the incident as a "freak accident," a term commonly used by pit bull owners. Foley also said last year that his office was "unable to find any evidence" of the previous bite incidents involving Miller's dogs. Lastly he stated, "We try to be as proactive as we can be," which seems to contradict the actions (or lack thereof) his office took before and after the death of Karen.

12/03/09: Officials Expand Investigation
The investigation into the death of Karen Gillespie continues. Hardin County Attorney Steve Bland said the case could be referred to a grand jury upon completion. Bland said he has met with Kentucky State Police Detective Larry Walker and KSP has chosen to expand the investigation rather than rush its completion. Persons with information about previous incidents involving Miller's dogs are urged to contact the Elizabethtown police office.

If presented to a grand jury, Bland said, it could consider a misdemeanor charge against the dog's owners for harboring a vicious animal, where penalties range from a fine up to $500 and up to one year in jail. Bland said the grand jury also could consider felony charges, but he declined to comment further. Also noted in the article is that Hardin County Animal Control supervisor Jerry Foley identified the offending dog as a "boxer-mix" not an American bulldog.

11/27/09: Seized Dog Had History of Bites
Fox 41 News reports that the dog's owner, Howard Miller, said that "their American bulldog is a stray they were feeding and he was not fenced in." The News Enterprise, which serves Hardin County, Kentucky, reports that the dog had a history of bites, including previously biting a U.S. Census worker at the home and biting a firefighter involved in the search for Gillespie, and blood -- believed to be Gillespie’s -- was transferred to the firefighter during the incident.

According to the county coroner, the majority of Gillespie’s injuries were head-related and she died shortly after the attack. The coroner's investigation also revealed Gillespie died between 4:15 and 5 pm Tuesday evening -- more than 12 hours before her body was located. Detective Walker said Gillespie’s death probably could have been prevented, but there was no criminal intent by the dog’s owners. Harboring vicious animals is a misdemeanor under Kentucky law.

11/26/09: Victim Died Due to Dog Bite Injury
Following the autopsy done on Karen Gillespie, deputy coroner John Clemens said, "The cause of death was head injuries from a dog attack." Hardin County Animal Control removed the dog believed responsible for the attack from an adjacent property on Web Mill Road. The dog was photographed, and appears to be a boxer or an American bulldog, but officials have yet to identify its breed. DogsBite.org prays for the Gillespie family on a day that celebrates the joy of family.

11/26/09: Retired Librarian Killed by Dog
White Mills, KY - In a developing story, Kentucky State Police say the body of a woman was found near her home and she had sustained "dog-related wounds." Deputy Hardin County Coroner John Clemens says it is too soon to discuss the cause of death of 53-year old Karen Gillespie, a retired librarian3 with the Grayson County Public Library. Hardin County Animal Control removed a dog (pictured) from the property of Howard Miller, adjacent to where Gillespie was found.

KSP Detective Larry Walker said Gillespie suffered no additional wounds, and he did not know if an underlying medical condition could have played a role in her death. Gillespie’s husband, Stephen, said he was unaware of any medical problems. He said his wife left her home that day to photograph an old one-room school house in the area. Interested in genealogy, he said she had been researching some family history and photographed older structures as a hobby.

When darkness fell and she had not returned home, Stephen Gillespie knew something was wrong. He reported his wife's disappearance around 7 pm Tuesday, and search crews worked through the night trying to find her. Gillespie's home eventually became a command center for the search and rescue teams. It was there that first responders were alerted of Gillespie’s location around 9:30 am Wednesday. An autopsy is scheduled for Thanksgiving Day.

The white boxer-mix that killed Karen Gillespie, 53, a retired librarian in White Mills, Kentucky.

1Defense successfully argued that the female offspring (third dog) was "given away" to a different owner, yet conveniently ran back to the neighborhood of Hunt and Amos to participate in the horrible attack.
2Information provided to DogsBite.org by an anonymous source.
3Back in August, retired librarian Sherry Schweder and her husband, Lothar Schweder, were mauled to death by a pack of "mongrel" dogs in Oglethorpe County, Georgia.

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.

DogsBite blog ::

The Lafourche "Compromise"