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.

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.

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