Posted on June 25, 2009 by Colleen Lynn

Louisiana State Dog Attack Law (HB 155) Wins Final Legislative Approval

State Rep. Rickey Hardy's bill, HB 155, passes in a unanimous vote.

Unanimous Vote
Louisiana - In a bill that will broaden state laws on negligent homicide and make it easier to prosecute dog attacks that result in severe injury or death, House Bill 155 passed the Louisiana House 89-0. Earlier in the month, the Senate passed the proposal 31-0. The bill is dedicated to 83-year old Luna McDaniel of Ville Platte who was killed by three loose pit bulls in 2008 and to 4-year old Michael Blaise Landry of Morganza, who was killed by three loose boxers in April.

HB 155, which began as the Luna McDaniel Act, says negligent homicide is the killing of a human being by a dog or other animal when the owner is criminally negligent in confining or restraining the animal. Violators would face fines of up to $5,000 and five years in prison. Tony Clayton, who was the prosecutor in the case of the mauling death of 4-year old Michael Blaise Landry, said that the bill would have ensured the conviction of the dogs' owner, Candace Wells of Morganza.

In the case of Luna McDaniel, the City of Ville Platte already had an ordinance in place declaring pit bulls "vicious," which increased the charges that could be brought against the owner of the dogs, Theo Doucet.1 Charges against Doucet immediately advanced to negligent homicide after Luna died from her injuries. HB 155 now allows prosecutors statewide to more harshly charge all dog owners who fail to properly confine their animal and the result ends in human death.

Negligent Injury

Though not mentioned by the media after the passage of HB 155, we later learned the new act also addresses victims who are seriously injured by unrestrained dogs. To convict a dog owner under the statue, prosecutors must show that a person showed a reckless disregard for the public prior to the attack that resulted in serious injury. The Negligent Injury charge carries a penalty of up to six-months in jail and a $500 fine. The law was authored by state Rep. Rickey Hardy.

1It was reported in a May article that Theo Doucet was scheduled to go on trial June 4, 2009.

Posted on June 23, 2009 by Colleen Lynn

Troy, Missouri Bans Pit Bulls; 60 Days to Register Current Dogs

Unanimous Vote
Troy, MO - In a unanimous vote, Troy Board of Aldermen passed an ordinance prohibiting new pit bulls within the city. This followed several complaints of these dogs running loose and a fatal attack on a pet dog by two pit bulls. Troy now joins at least 15 other Missouri cities that regulate pit bulls, and appears to have done so prior to an attack that resulted in severe human injury. Thumbs up to Troy policymakers, who also did not mince words in their ordinance.

"The board of aldermen 'finds that pit bull dogs are dangerous and potentially hazardous to the community because the breed possesses characteristics of aggression, strength, gameness, viciousness, predaceousness, unpredictability and savageness not possessed by other breeds of dog.'

The ordinance further defines the "pit bull dog" the Staffordshire bull terrier, American pit bull terrier, American Staffordshire terrier breed and any mixed breed of dog which contains an element of these breeds.

Current owners of these breeds residing in Troy may be kept but must registered with the city within 60 days and outline specific measures of how the dogs must be leashed, housed and muzzled when they are outside the animal's enclosure or pen. All structures erected to house pit bull dogs must comply with Section 205.060 of the city code. Within 60 days, owners must display in a prominent place on their premises a sign using the words "Beware of Dog-Pit Bull" and a similar sign on their pen of the animal. Proof of public liability insurance in the amount of $100,000 for bodily injury or death also must be presented to the city. Owners must also provide city with photos of the dog and must microchip the animal prior to registration. Any offspring of registered dogs must be removed from the city within eight weeks of the birth of such animal.

Penalties for violation would be not less than $200 and no more than $1,000 and/or 30-day jail sentence."

Posted on June 22, 2009 by Colleen Lynn

Fayette, Alabama Passes Pit Bull Ban in City Limits

Ban Passes 5-1
Fayette, AL - Back in March, Christina Selman was terribly mauled by three of her neighbor's pit bulls. She had stepped between her daughter and one of the pit bulls after her daughter tried to pet it. The dogs immediately bit into her leg and pulled her to the ground. Fayette Police Chief Danny Jenkins said her injuries were unlike anything he had ever seen. This debilitating attack was the driving force behind Fayette's new ordinance to ban pit bulls.

The ordinance, passed 5-1, bans new pit bulls or dangerous dogs from living in the city limits and will require current owners to fulfill strict requirements, including structures to contain the dogs, liability insurance and registration for the animals before July 3. It also expands the dangerous dog rules already in place. "The ordinance we had in place was kind of toothless," Jenkins said. Jenkins also reiterated in the article a very important point:

"After this attack we had down in Cotton Mill Village, I think that was the tipping point for something else to come along as far as ordinances go," Jenkins said. "I'd seen dog bites before, but I'd never seen a mauling. A lot of people, if they had seen [Selman's injuries], they would have been like me, and their opinion would have softened if not completely changed."

Councilman Cedric Wilson was the lone opposition vote to the ordinance. He voiced several 25-year old themes about the pit bull debate. As Jenkins points out, however, the real issue is what victims like Christina Selman suffer in these terrible attacks. They do not suffer "dog bites," they suffer life-altering injuries. Following these injuries, they frequently must bear the weight of the medical bills as well. Attaining civil recourse in these attacks is often impossible.

Posted on June 15, 2009 by Colleen Lynn

2009 Dog Bite Fatality: 2 Pit Bulls Kill 10-Year Old Boy in Rusk County, Texas

Justin Clinton, 10-years old, was brutally killed by two pit bulls belonging to a friend.

Family Files Suit
UPDATE 09/05/09: The mother of 10-year old Justin Clinton, who was mauled to death by two pit bulls in June, filed suit against the couple who owned the dogs. Serenia Clinton's lawsuit accuses Ricky and Christi George of gross negligence and carelessness and contends they are liable for Justin Clinton's death. They are seeking more than $100,000 and other damages to be determined by the court, attorney fees, costs of the suit and other relief from the dogs' owners.

The suit revealed that one of the dogs bit Ms. Clinton's son two weeks before the fatal attack on June 15. The earlier attack was concealed from the boy's mother, the lawsuit claimed, and the dogs had on numerous occasions prior to Justin's death been aggressive toward people while running loose in the neighborhood. The owners "knew or should have known of the two dogs' vicious propensities," stated the lawsuit prepared by Ms. Clinton's attorney, Cynthia Stevens Kent.

06/17/09: KLTV Pities Owners
KLTV 7 News dedicated a segment to the owners of the pit bulls that fatally attacked Justin Clinton. The segment appears to be a pit bull apology piece designed to paint the pit bull owners, Ricky and Christi George, as "victims." The story can best be described as deplorable in the wake of a young boy torn apart by the powerful jaws of these dogs. The piece also emphasizes that the dogs were not loose. In other words, the "victim" dog owners are not liable under Lillian's Law.

The segment also confuses1 viewers by calling the dogs American bulldogs2 instead of pit bulls or pit bull-mixes. This is a common tactic taken by pro-pit bull groups to try to lower the staggering number of serious and fatal attacks that have been attributed to pit bulls over the last 30-years. KLTV's attempt to mislabel the dogs (or attempt to confuse viewers) also contradicts Rusk County Sheriff Deputies which stated that there is "no doubt" that the dogs are pit bulls.

1Attempts to mislabel the pit bull as a bulldog stretches back for decades as the two breeds share a common gene pool and are often crossbred. Pit bull experts, such as Diane Jessup, commonly refer to pit bulls as "bulldogs" as well. Jessup even states on her website that the "original working bulldog" is the pit bull.
2The modern American bulldog was not established until the 1970's. The AKC does not recognize the breed, and the UKC only began to in 1999. There are two major lines of the breed: the Johnson type (1st left photo) and Scott type (2nd left). The Scott type was directly developed by crossing early Johnson lines with the American pit bull terrier and has become the breed standard. Without question, the Scott type is a pit bull type dog.

06/17/09: Owners Recently Purchased Dogs
The Kilgore News Herald reports that both dogs had formerly been owned by someone else in Kilgore. It is unknown if prior complaints were filed against them. Authorities said the dogs, a 3-year old male and a 2-year old female, had puppies in mid-February but none remained at the home now. Ricky and Christi George got both dogs, who have always been together, in February. The Georges' homeowners insurance had also reportedly lapsed because Ricky lost his job.

06/16/09: Full Scale Investigation Planned
News sources report that a Rusk County pit bull attack on Friday preceded the fatal pit bull mauling of Justin Clinton on Monday. Justice of the Peace Bob Richardson said a 4-year old girl was seriously attacked by a leashed pit bull in Henderson. During the attack, the dog's owner was walking the pit bull on a leash when it broke free and attacked. Officials were determining what to do with that pit bull when they were notified of the attack that left Justin Clinton dead.

Currently, Rusk County does not have a leash law. Yet as one can see, a leashed pit bull can still pose a significant threat.

TylerPaper.com, which covered the serious pit bull attack on Kristi Langston back in March, also reports that a "full scale investigation" is planned in the aftermath of Justin Clinton's death. Rusk County Sheriff Danny Pirtle said that the owners of the dogs could face felony charges under Lillian's Law. He also said the two pit bulls were put down about 30 minutes after they were confiscated from a home on County Road 133. The owners of the dogs remain unnamed.

06/15/09: Victim: 10-Year Old Justin Clinton
Leverett's Chapel, TX - In a developing story, authorities say two pit bulls fatally mauled a 10-year old boy in an East Texas town. The Rusk County Sheriff's Office said witnesses reported seeing the dogs drag Justin Clinton down the side of the road in the small community of Leverett's Chapel. A Tyler television station reported that a passing motorist pulled the dogs off the boy. The fourth-grader was later pronounced dead at Good Shepherd Hospital in Longview.

The Rev. Edwin Findley, acting on behalf of the dogs' owners, said "both families" have been hurt, even though only one family has a dead son.

The newest Texas fatal pit bull mauling (Rusk County) lies on the other side of Dallas (Stephens County), where 7-old Tanner Joshua Monk was killed by his neighbors four pit bulls in May of 2008. On March 26, 2009, 18-month old Tyson Miller was killed by a chained pit bull outside of his home in Luling (Caldwell County) and on March 31, 2009, 7-month old Izaiah Gregory Cox was mauled to death by his grandmother's two pit bulls in San Antonio (Bexar County).

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