Posted on July 30, 2009 by Colleen Lynn

Pennsylvania Towns Seek Pit Bull Laws; Must Lift State Anti-BSL Measure

Ransom is Euthanized
UPDATE 07/30/09: The owner of Ransom, Oliver Yawn, called the dog "vicious" and surrendered it to the state to be euthanized. Yawn said he "didn't want to deal with the BS" of obtaining thousands of dollars in liability insurance and appearing in court. He also blamed the attack on the sound of the landscaper's weed whacker. Yet a week earlier, the dog broke through the home's 6-foot wooden fence and chased 21-year old Amanda Gray, who was not utilizing any tool.

According to Anne Irwin, director of the Bucks County SPCA, there's no agency that deems a dog "dangerous." Pennsylvania state dog law allows the court to make this ruling. She added that state dog law did not apply in this case because the owner relinquished the dog to the state. Though not clearly stated in the article, it appears the landscaper suffered severe injury in the attack. Yawn avoided the state dangerous dog court hearing by surrendering his animal to authorities.

Yawn is now free to buy a new pit bull and start the dangerous dog process from scratch!

07/27/09: Pennsylvania's Three-Strike Policy
Bristol, PA - Phillipe Berrocal, a landscaper, was recently working on a yard on Maple Street when a 5-year old pit bull named Ransom broke through the fence and bit him on the left leg, leaving him with lacerations, according to a police report. Now local officials are looking to State Rep. John Galloway, D-140, who has introduced legislation that would lift Pennsylvania's Anti-BSL measure and allow municipalities to create their own dog-control ordinances.

At least 9 other states share this same predicament: Colorado1, Florida, Illinois2, Minnesota, New Jersey, New York, Oklahoma3, Texas and Virginia.

In addition to Pennsylvania's Anti-BSL measure, state law4 allows attacking dogs to be returned to their owners with a warning to keep their dogs "under control." (This is also true when a dog has "broken through a fence" for the purposes of attacking). Pennsylvania has a three-strike policy that allows the pet's return after two incidents unless a dog kills or grievously injures a person. After a 3rd mauling that does not qualify as grievous injury, the dog is euthanized.

The City of Wilkes-Barre
To the north of Bristol, the City of Wilkes-Barre is also experiencing an increase in pit bull attacks. Mayor Tom Leighton, who tried to ban pit bulls in 2005, recently announced that the city would seek state assistance to place tighter restriction on owners of pit bulls and other dangerous breeds. Leighton said he would wait until the state budget is passed before contacting legislators about changing the law to give Wilkes-Barre the freedom to craft breed-specific laws.

According to Department of Agriculture figures, 403 dogs have been deemed "dangerous" in Pennsylvania since 2005. Dogs can end up on the list (except when owned by James Harrison) for severely injuring a person, attacking people unprovoked, killing dogs or cats off their owner's property, or being used in the commission of a crime. 166 (41%) of the "dangerous dogs" are pit bulls or rottweilers, breeds communities often seek to regulate to prevent future attacks.

1Colorado: As demonstrated by the most controversial pit bull ban in the history of the United States, the City of Denver -- under "home rule" authority -- superseded the state's Anti-BSL law and legally carried out their pit bull ban.
2Illinois: After an attack left a teenager critically injured, Highland Park Mayor Michael Belsky called for a citywide pit bull ban. Belsky is currently working with state legislators to amend state law and to strengthen home rule authority.
3Oklahoma: Midwest City is currently appealing a court's ruling that overturned their pit bull ban. As a home rule charter city, Midwest argues that they have the authority to rule over local issues, including the regulation of animals.
4View the Pennsylvania state dog law and brief legal discussion by dog bite attorney Kenneth Phillips.

Posted on July 11, 2009 by Colleen Lynn

8-State Simultaneous Dogfighting Sting; 450 Dogs Seized

Middle Class Crime
UPDATE 07/11/09: As noted in comments, dogfighting is organized crime -- gambling and racketeering -- primarily carried out by middle class citizens. Participants are often valued members of the community as well. The recent Associated Press article names a registered nurse, Cris Bottcher, and a physical education teacher, Rick Hihath, as part of those arrested this past week. Both are charged with felony dogfighting crimes that occurred at Bottcher's farm.

"Karl Courtney, of the eastern Texas town of Beckville pleaded not guilty, said his attorney David Moore, who described his client as a "well-respected business owner." His brother, Chase Courtney, 26, of the nearby town of Carthage, also was arrested, but a phone number or attorney for him could not be found.

Cris Bottcher, a 48-year-old registered nurse at a community hospital in Bethany, Mo., also was arrested Wednesday in western Missouri and accused of shooting underperforming dogs and putting their carcasses in plastic containers outside a garage, according to a federal indictment.

Six others were also arrested in that raid including Rick Hihath, a 55-year-old physical education teacher at a state school for the severely disabled, the indictment said. He is accused of working and promoting fights at Bottcher's farm, it said."

07/09/09: Largest Dogfighting Raid in U.S. History
In what must have spiked heart rates in "gamedoggers" across the U.S. (dogfighters and breeders of fighting dogs), it was announced Wednesday that as many as 450 dogs were seized during simultaneous raids in eight states: Missouri, Mississippi, Nebraska, Illinois, Iowa, Texas, Oklahoma and Arkansas. What is important for readers to understand is that the industry of dogfighting is directly tied to the ongoing proliferation of pit bulls with explosive aggression.

States and Arrests:

Missouri Arrests: Acting U.S. Attorney for the Eastern District of Missouri Michael Reap said that four kennel operators were arrested in the sting: Robert Hackman, 55, Foley (Lincoln County) of "Shake Rattle and Roll Kennel"; Jack Ruppel, 35 Eldon (Miller County) of "Ozark Hillbillys Kennel"; Michael Morgan AKA "Missouri Mike," 38, Hannibal (Marion and Ralls Counties) of "Cannibal Kennel"; and Ronald Creach, 34, Leslie (Franklin County) of "Hard Goodbye Kennel."

Texas Arrests: John M. Bales, the U.S. Attorney for the Eastern District of Texas, announced that eight people were arrested in a multi-state dogfighting ring that reached into two Texas counties. Individuals named in the indictment include: Harold D. Stewart, 41, Karl "Shane" Courtney, 34 and Devin L. Pelzl, 29, of Beckville (Panola County); Jerry "Scotty" Chism, 34, of Longview (Gregg County); Chase M. Courtney, 26, and Chad A. Courtney, 30, of Carthage (Panola County).

Iowa Arrests: Don Ledford, a spokesman for federal prosecutors, said that four Iowans in adjacent counties were arrested yesterday that allegedly participated in a Missouri dogfighting ring: Jill D. Makstaller, 32, of Perry (Dallas County); Zachary R. Connelly, 32, of Ogden (Boone County); Kevin P. Tasler, 51, of Jefferson (Greene County); and Ryan J. Tasler, 32, of Woodward (Dallas County). Most of the 35 dogs seized in Iowa were taken from Makstaller according to Ledford.

Illinois Arrests: U.S. Attorney for the Southern District of Illinois announced Wednesday that William Berry, 34, of Lebanon (St. Clair County); Derrick Courtland, 42, of Cahokia (St. Clair County); and John Bacon, 36, Julius Jackson, 40, Joseph Addison, 40, all of East St. Louis, Ill., were taken into custody and charged with conspiracy to commit unlawful activities of dogfighting. The violation is alleged to have taken place in St. Clair and Madison Counties of Illinois.

Oklahoma Arrests: U.S. Attorney Sheldon Sperling of the Eastern District of Oklahoma said that Jerry Matlock, 57, of Stilwell (Adair County) was arrested near Welling (Cherokee County). Matlock was charged with three felony counts of dogfighting. Sterling called the seized pit bulls "canine combatant gladiators," which refers to the undeniable genetic heritage of pit bulls: The artificial selection for the purposes of dogfighting (unpredictability, tenacity, and the killing bite).

Nebraska Arrest: Julio Reyes, 28, of Tecumseh (Johnson County) turned himself into authorities Wednesday. Judge Richard Kopf granted Reyes supervised release and allowed him to keep the dogs. After a second search warrant was issued, however, along with the help of local law enforcement and the Humane Society of the United States, four pit bulls were seized from two homes in Tecumseh the next day. Reyes is the only Nebraskan indicted so far in the multi-state sting.

DogsBite.org has not listed all of the arrests. No immediate information could be found regarding arrests or seizures in Mississippi and Arkansas.

Related articles:
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Posted on June 30, 2009 by Colleen Lynn

2009 Dog Bite Fatality: 3-Year Old Gabrial Mandrell-Sauerhage Killed by Family Dogs

Gabrial Mandrell-Sauerhage, 3-years old, was killed by up to three dogs.

Dogs Euthanized
UPDATE 06/30/09: The three dogs involved in Gabrial's death have been euthanized: two pit bull-mixes and a collie-mix. Police said in a previous statement it is believed the collie-mix was tied up during the incident while the pit bulls were loose. In a press release issued Tuesday by the Williamson County Sheriff's Department, it stated that "Gabrial suffered at least one bite that would have made 'yelling impossible,'" whereby eliminating possible child neglect charges.

The release also stated the attack "might have been triggered by a stuffed animal that was found in the yard," which is perhaps the most alarming distortion DogsBite.org has ever run across. "Normal" family dogs do not attack and kill children because the child may be holding a stuffed animal. Pit bulls, on the other hand, will attack and kill unpredictably and unprovoked as documented by multiple fatality studies (See also: Triggers: What Prompts a Pit Bull to Attack?).

To highlight the questionable issues raised by the press release, we have included part of the article below. The tragic death of Gabrial and subsequent investigation also demonstrates two important issues often seen in serious and fatal attacks: 1) The possible protection of parents after the attack because the parents have already suffered a terrible loss. 2) And, at what point will, "Our pit bull never showed aggression before" become an inexcusable legal defense?

"The couple had three dogs, two pit bull mixes and a collie mix. Police said in a previous statement it is believed the collie mix was tied up during the incident while the pit bulls were loose.

Cundiff said the child was attacked about 200 feet from the home and crawled from the window, which was at the opposite side of the house as the adults' bedroom. The release went on to state that Gabrial suffered at least one bite that would have made "yelling impossible."

"The residence didn't have air conditioning," Cundiff said in a news release issued Tuesday. "Numerous box fans running at the same time of the incident would have made it very hard for the adults in the house to hear anything outside."

Sweeney and Robinson requested all three dogs be euthanized the night of the attack, but the lead detectives called for the animals to be held at Williamson County Animal Control shelter until the investigation was complete.

In a release Tuesday, Cundiff said the attack might have been triggered by a stuffed animal that was found in the yard.

"It appears Gabrial brought the stuffed animal out with him when he left his bedroom through his open window," the release stated.

Cundiff said the family told detectives no aggression "had ever been shown to any family member from any of the three dogs."

However, Amy Fowler, a neighbor, said the pit bulls were often loose and were a nuisance, threatening members of her family in their yard. Fowler said she witnessed Gabrial playing with the collie several times, outside and unsupervised. She said the collie mix didn't seem to cause any problems."

06/29/09: DCFS Opens Investigation
The Illinois Department of Children and Family Services (DCFS) has launched an investigation into Gabrial's death. Spokesperson Kendall Marlow said it isn’t the first time the state has been in contact with the boy's mother, although prior investigations were not related to animals and involved another child. Back in January, the DCFS was criticized after placing Alex Angul into a home with "known" dangerous rottweilers that subsequently killed the child.

06/28/09: Death Ruled "Accidental"
Johnston City, IL - Williamson County authorities say that on Saturday, June 27, 3-year old Gabrial Reese Mandrell was asleep, then woke up and "pushed out the screen" in his bedroom window. The child then "crawled out the window," and was attacked by at least one of the family's 3 dogs. The injured boy was found 200 feet away from his home and was pronounced dead shortly thereafter. An autopsy confirmed that Gabrial died due to multiple dog bite injuries.

A collie-mix and two pit bull-mixes, which had been loose outside, were taken from the home.

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.

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