2007 Fatal Mauling Investigation of Carshena Benjamin Closes Unresolved

Dog Mauling Case Closed
Collier County, FL - On May 26, 2007, 71-year-old Carshena Benjamin left her Golden Gate Estates home for her morning walk. Later that day her bruised and bloody body was found face down in a drainage ditch. Her shirt and jacket were pulled up over her head, leading investigators to believe she had been decapitated. So badly was her body mutilated, she could hardly be identified.

Detectives only found her body by calling her cell phone, which lay close to her in the ditch. The ringing led them to Carshena, who wasn't too far from her home at the time of the attack. It is later determined that she was killed by several neighborhood pit bulls. Nearly one year after her death, no one has been charged and the whereabouts of the pit bulls are still unknown.

By mid June, the District 20 Medical Examiner determined that Carshena's death resulted from dog bites. Detectives and Collier County Domestic Animal Services combed the Estates, looking for the dogs that killed her. What they did not know, is that on the morning of Carshena's death, three dogs covered in blood had returned to the home across the street from where her body was found.

According to a closed investigation by the Collier County Sheriff’s Office, "The blood was washed off the dogs, and they were quickly taken to the Big Cypress Seminole Reservation. Days later the three dogs were driven far from Collier County and dropped off to fend for themselves."

Linda Billie, 54, owns the property where the dogs lived. Records show, however, that Billie lives on the Big Cypress Seminole Reservation. Shirley Fay Newell, 53, resides in the house, and has been friends with Billie about 20 years. Newell is also the owner of two pit bull-boxer mix dogs, a male and female named PiePie and Sierra. At the time of Benjamin’s death, neighbors said they felt threatened by Newell’s dogs.

Six weeks before the attack, Newell broke her ankle and spent the next month in the hospital. She told investigators that Billie and her ex-husband, Chuck Newell, 60, took care of her dogs while she was away. At the time of Benjamin’s death, Newell told investigators that Sierra and PiePie had run away while she was in the hospital, and she didn’t know where they were. Investigators declared Newell "uncooperative."

Newell's suffering started long before her broken ankle. In the mid-1990s, her son, Barney Ray Phillips, and his 18-year-old girlfriend, Melissa Mardis, were gunned down by Melissa's jealous husband, Alfred “Lenny” Mardis. Alfred Mardis was eventually sentenced to life in prison. Two detectives who worked on the Benjamin investigation, Detective Ray Wilkinson and Lt. Mike Fox, also assisted with the Mardis case.

With the dogs "missing" and an uncooperative owner, the investigation turned cold. But in mid-August Detective Wilkinson received a call from Newell. She was having trouble sleeping. She wanted to know if she could be sued or arrested if her dogs had been involved in Carshena's death. She wanted a guarantee from Wilkinson that her dogs would not be euthanized. "No," he told her.

Newell finally opened up and agreed to tell Wilkinson what she knew. After she returned from the hospital, she said that Billie continued to watch the dogs. But on the weekend of Benjamin’s death, Billie was scheduled to play in a pool tournament. She dropped Sierra and PiePie off with Newell, along with her own dog, a Welsh corgi named Corky.

On the morning of Carshena's death, Newell placed the dogs on the lanai to relieve themselves. She later heard the lanai door slam, and found the dogs missing. Newell said she believed Sierra opened the screen door by pushing the latch. When Sierra and Corky returned, both were covered in blood. PiePie was across the street where the body was later found. Newell told Wilkinson that "it looked like the dog was guarding something."

When Billie returned later that day, she cleaned up the dogs, and took Corky and PiePie to her home on the reservation. She later came back and took Sierra as well. Both women told investigators that Chuck Newell, Shirley Newell’s ex-husband, said they needed to kill the dogs. Instead, Billie put the dogs in her truck and dumped them in several locations. She said she knew it was wrong to take the dogs.

In November, the investigation into Carshena Benjamin’s death was quietly closed. The Benjamin family did not know the case was closed until at least a week after the fact. The Sheriff’s Office says the case began as a death investigation, not a criminal investigation. It turned into a public safety investigation to find the dogs so they would not harm anyone else.

Recently, the Benjamin family filed a wrongful death lawsuit against Shirley Newell and Billie in Collier Circuit Court. Newell says she's not doing well; Carshena's death has gotten her "all messed up." She believes now that a car struck Carshena and she misses her dogs dearly. Carshena's family finds it ironic that she is in such remorse after having lost her pet. After all, "we lost our mother," said her daughter.

United States Supreme Court Leaves Intact Ohio Supreme Court’s Ruling that Breed-Specific Legislation is Constitutional

family files lawsuit after toledo woman dies after pit bull attack
The United States Supreme Court affirms breed-specific ordinance is constitutional.

For years, the pit bull lobby has claimed that breed-specific legislation (also known as BSL) is unconstitutional -- but now the Supreme Court of Ohio has joined courts in Washington, Colorado, New Mexico, Florida, Arkansas, Iowa, Kansas, Utah, Wisconsin, and Kentucky in ruling that BSL is, indeed, constitutional when properly written. On February 19, 2008 the United States Supreme Court handed the pit bull lobby another defeat when it refused to hear their appeal from the Ohio Supreme Court’s decision in City of Toledo v. Tellings, 871 N.E.2d 1152 (Ohio, August 1, 2007).

The high court’s order simply stated: “The motion of American Rottweiler Club, Inc. for leave to file a brief as amicus curiae is granted. The petition for a writ of certiorari is denied.” Tellings v. Toledo, Ohio, No. 07-8545.

Basically, the high court said -- no, we’re not going to hear the pit bull lobby’s appeal, but if we had heard it, the ARC could have filed a friend-of-the-court brief. The U.S. Supreme Court’s rejection of the appeal, viewable here, makes the Ohio Supreme Court’s decision final. There is no further appeal.

The Tellings case arose from Toledo’s pit bull ordinance, which limits every person to owning no more than one pit bull and requires that pit bulls be muzzled when they are off their owners’ property. Pit bull advocates had argued that the law was unconstitutional on several grounds, all of which the Ohio Supreme Court rejected:

  • Procedural due process: Procedural due process means that when a government agency is going to deprive people of a property or liberty interest, it must give them notice and an opportunity to be heard. The Ohio Supreme Court found that the text of the law itself gives sufficient notice, because it subjects all pit bulls to the ownership and restraint requirements. Paul Tellings had notice of what he had to do, and he had the opportunity to be heard when he defended himself against the criminal charges that were brought when he violated the law.
  • Substantive due process: Substantive due process means that when a legislature is making a law, there’s a constitutional limit to the controls it can place on the citizenry. To be constitutional, a law governing dogs only has to be “rationally related to a legitimate government interest.” The Ohio Supreme Court found that the City had a legitimate goal of protecting humans from dog attacks, and that special regulation of pit bulls is rationally related to that goal because pit bulls, compared to other breeds, “cause a disproportionate amount of danger to people.”
  • Equal protection of the laws: Equal protection of the laws means that the government can’t apply the law unequally to different people; it also means that a legislature can’t single out a group of people for unfair disadvantage. However, that doesn’t mean that the law can’t make distinctions between people – all laws do that. If the law doesn’t single out a “suspect class” (such as groups based on sex, age, race, religion, or ethnic background), it doesn’t violate equal protection if it’s rationally related to a legitimate government interest. Pit bull advocates claimed that the law violated equal protection because not all pit bulls are vicious, and other breeds also bite. The Ohio Supreme Court disagreed – just like on the substantive due process question, the special classification of pit bulls has a rational relationship to the law’s goal, and so doesn’t deny equal protection.
  • Void for vagueness: To satisfy due process, a law must clearly tell people which acts are allowed and which are prohibited; a law that is too vague is called “void for vagueness.” Pit bull advocates claimed that it was too difficult to tell which dogs were pit bulls and which were not. The Ohio Supreme Court rejected this argument, finding that the term “pit bull” can be understood from physical and behavioral traits combined with “the commonly available knowledge of dog breeds typically acquired by potential dog owners or otherwise possessed by veterinarians or breeders” which would be “sufficient to inform a dog owner as to whether he owns a dog commonly known as a pit bull dog.” Tellings, 871 N.E.2d at 284, quoting State v. Anderson, 566 N.E.2d 1224 (Ohio, 1991).

So, let’s put to rest the tired claim that breed-specific legislation is unconstitutional -- that’s just plain wrong, and court after court has said so.

The truth is that although the pit bull lobby loves to say that breed-specific legislation is unnecessary, and that it is irresponsible owners who cause the trouble, we don’t hear any ideas from them as to how to actually draft a law that effectively targets bad pit bull owners and prevents the horrific injuries that these dogs can inflict. For all the energy and money that the pit bull lobby puts into litigating BSL all over the country, one would think that they could put their heads together and come up with some bright ideas. Until they do, those of us back in the real world will probably continue to rely on breed-specific legislation, even if it does inconvenience good pit bull owners.

Related material:
US Supreme Court Denial: Tellings v. Toledo, Ohio, No. 07-8545

2008 Dog Bite Fatality: Kelli Chapman Killed by Two Pit Bulls

kellie chapman mauled to death by own pit bulls
Kelli Chapman, 24-years old, was killed by her pet pit bulls while sleeping in her bed.

New Information
UPDATE 1/23/08: Investigators say this wasn't the first time officers had to shoot a dog at the Chapman's home. Police reports show that in October 2006, the Beauregard-DeRidder narcotics task force and the SWAT team raided the Chapman home, where they found methamphetamine and other drug items. Both Kelli and Jason were arrested. During the raid, one of the couple's pit bulls bit an officer and tried to attack a second officer. Officers shot and killed the animal.

1/23/08: Authorities Reveal Defensive Wounds
Preliminary autopsy results show Kelli Chapman, 24-years old of Longville, died of bite trauma injuries and blood loss. Chapman had injuries to her forearms as well, indicating possible defensive wounds, according to Chief Deputy Robert McCullough. He said there was damage to the furniture and other items in the bedroom where the attack occurred, another sign she was trying to defend herself. McCullough stated that no foul play is suspected at this time.

      McCullough said Kelli Chapman suffered bite and puncture wounds. She had injuries to her forearms, indicating possible defensive wounds, McCullough said.
      "It is possible, and there was other damage to furniture and stuff in the bedroom, where the attack occurred, so it is possible that she was defending herself," he said.
      Her body was taken to the Calcasieu Parish Coroner's Office in Lake Charles for an autopsy. Preliminary results indicate that she died as a result of bite trauma and blood loss. - Elona Weston, Lake Charles American Press, January 22, 2008

1/22/08: Dogs Maul, Kill Owner
Longville, LA - 24 year old Kelli Chapman was killed by her two pit bulls while sleeping in her home. Her husband discovered her body when he returned home from work. She had been fatally mauled by the pair's two pit bulls, a female and a male. Relatives of the woman claim they think they know why the pit bulls fatally attacked her. Apparently, Kelli suffered from seizures. They think she may have had a seizure while sleeping and the dogs reacted to it by killing her.

      
"There's a certain small percentage of aggressiveness in any breed, whether it's a Chihuahua, a Rottweiler or a Pit Bull," said veterinarian Dr. Ted Hoerner.
      "The difference is the degree of damage that a certain animal can inflict. Pit bulls are huge, they're strong, their musculature is such they can inflict deadly damage. Unfortunately, that's what we've seen happen." - KFDM, January 21, 2008

Prior to the deadly attack, Kelli and her husband Jason let the pit bulls stay in their home and sometimes sleep in their bed. One has to wonder if a spaniel or other breed would have reacted similarly in these circumstances. Furthermore, many dog breeds help seizure victims; they do not kill them. As one commenter points out, "Did the seizure cause the attack or did the attack cause the seizure?" Frankly, was there even a seizure at all? There were no witnesses to the attack.

2008 Dog Bite Fatality: Justin Mozer Killed by Jack Russell Terrier

Autopsy Results archived
UPDATE 1/20/08: Officials say a 6-week old baby boy in Lexington died of suffocation and blood loss after being attacked by a family dog. Justin Mozer was sleeping in a bedroom Friday when a Jack Russell terrier attacked him. An autopsy was done Saturday on the infant's body. The Fayette County coroner's office says it showed that he died of traumatic asphyxia, or suffocation, and blood loss due to the dog attack. The manner of death is being investigated as accidental.

Though the baby had a crib, it was napping on a king-size bed that afternoon, said the baby's uncle Jeff Mozer. Without any warning, the dog attacked the baby, he said. The boy's father was at work when the attack occurred, Jeff said. Justin Mozer Senior kept a pit bull in the backyard for protection, Jeff explained. Both dogs were taken into custody by Fayette County Animal Control at the owner's request, reports the Herald-Leader. Jeff said the baby's parents are inconsolable.

Jeff Mozer said Justin Mozer had owned the Jack Russell for six or seven years. "The dog has been around my baby and other babies in the family. There has never been any reason for alarm."

Jeff Mozer said his brother bought the family home at Seven Pines Drive, near Versailles Road and Alexandria Drive, about a year ago and was remodeling it.

The former president of The Lane neighborhood association, Pete Hagan, said that in September 2007, the association sent Justin Mozer a letter complaining about the behavior of pit bulls kept in the back yard. The letter, which Hagan e-mailed to the Herald-Leader on Saturday, said pit bulls routinely got out of the yard and frightened neighbors. But Hagan said he had no problems with the Jack Russell terrier, and he had noticed no problems with the pit bulls since November. - Valarie Spears, Lexington Herald-Leader, January 20, 2008

01/19/08: Family Dog Kills Infant
Lexington, KY - A family dog killed a 6-week old baby yesterday. The attack happened at a home on Seven Pines Drive at about 3:50 pm. Witnesses told police that Justin Mozer was sleeping in a bedroom when the family's Jack Russell terrier attacked him. His mother was in the bathroom, bathing another child at the time. It is unknown if the baby was sleeping in a crib. The family also owns a pit bull. Fayette County Animal Control removed both dogs by request of the owner.