2005 Dog Bite Fatality: Victim's Family Sues Animal Control in Spotsylvania

Officers Cleared in Suit
UPDATE 03/06/09: A jury decided against awarding any money to Dorothy Sullivan's beneficiaries in the wrongful death suit filed against county employees. The suit, filed in 2007 against four Spotsylvania County animal control officers, claimed gross negligence by the officers in the time leading up to Sullivan's killing by a pack of pit bulls in March of 2005.

Deanna Large, who owned the dogs, was convicted later that year of involuntary manslaughter and sentenced to three years in prison. Large became the first person in Virginia convicted in a case involving a pet killing a person. The criminal case set a legal precedent for the state. On the civil side, however, jurors deliberated for about three hours Thursday before returning a verdict in favor of the defense. In doing so, they denied awarding money to the family.

12/17/07: Dorothy Sullivan's Family Continues in Court
Spotsylvania, VA - The family of a woman fatally mauled by pit bulls in 2005 can continue a $5 million lawsuit against five Spotsylvania County Animal Control employees. Substitute Judge George Tidy ruled in Spotsylvania Circuit Court that the family of Dorothy Sullivan can sue the county "employees" but must drop the county and the Animal Control Department as defendants in its lawsuit. The judge did not explain his decision.

Three pit bulls killed Sullivan, 82, and her pet Shih Tzu, Buttons, in Partlow on March 8, 2005. Deanna Large, 39, who owned the dogs, is serving three years in prison for involuntary manslaughter. The Virginia Court of Appeals upheld the conviction Oct. 30. Sullivan's estate also believes that Animal Control employees are to blame. The estate charges that the employees created a nuisance by not capturing the dogs, and were negligent in their actions.

Jim H. Guynn, an attorney representing the county, successfully argued that the Animal Control Department is a "creature of an ordinance" that cannot be sued. He also was able to have the county removed from the lawsuit by arguing the shield of sovereign immunity, a doctrine that makes governments immune from lawsuits when performing government duties. He said that counties are considered "arms of the state" and have the same protection.

Thomas E. Albro, who represents Sullivan's family, argued that the defense of sovereign immunity cannot be used if there is negligence. He recounted numerous allegations that Animal Control employees knew the dogs ran loose and had attacked neighbors and killed pets, that the dogs were not licensed and that Large was operating an unlicensed kennel. Albro said Animal Control employees did very little to capture the dogs or punish Large.

Related articles:
11/08/08: Paula Ybarra, Dog Attack Victim, Wins Settlement from Minneapolis
08/23/08: Suing Animal Control Agencies or Municipalities After a Serious Dog Attack

2007 Dog Bite Fatality: Pit Bull Attacks and Kills Toddler in South Carolina

Pit Bull Kills Boy archived
Summerville, SC - In today's tragedy,  a 2-year old boy wandered out of the back door of his grandmother's home and was killed by his grandmother's pit bull. The approximately 40-pound dog latched onto Holden Jernigan's throat and head, inflicting fatal wounds, Dorchester County sheriff's 1st Sgt. Mike Miller said. Holden died in the backyard of Tracey Shelton's home in the 100 block of Barshay Drive where two signs in the front windows warned, "Beware of the dog."

Thursday morning a toddler was killed by a family pet at Flowertown Village in Summerville. 2-year-old Holden Jernigan wandered into the backyard of his grandmother's house and was brutally attacked by the family's pit bull. It happened on Barshay Drive at 10:00 a.m.

"The child was deceased upon our arrival. The child was in the care of his grandmother," said Sheriff Ray Nash, who was at the scene. "We've got an investigative team that's working the case and I'm sure as more and more of these details come to light, we'll know exactly what happened, what transpired and what the appropriate response of this agency will be." - ABC News 4

This is the second fatal pit bull attack in Dorchester County this year. Back in April, 1-year old Brian Palmer was killed by the family's pit bull. The dog, taken in as a stray by the family, had gotten out of the laundry room. Brian was found in an upstairs room fatally mauled. The dog had killed a relative's cat about a week earlier. There were no adults present at the time of the attack, only two other children. The boy's mother was charged with unlawful conduct toward a child.

Nobody at Shelton's Flowertown Village house would talk to the newspaper Thursday. Miller said Shelton was watching Holden for his parents, Scott and Amber Jernigan. One of Shelton's neighbors said the dog was usually chained in the fenced backyard but had often gotten loose. Wanda Mizell said she kept her 4-year-old grandson inside and that she tried not to go outside unless she had to when the dog was roaming the street.

The dog was on about 25 feet of chain when animal control officers arrived Thursday, McKee said, but it was unknown if he was chained at the time of the attack. He was not aggressive toward the officers, she said. - Nita Birmingham, Post and Courier, December 14, 2007

Holden's grandmother was later charged in connection to his death. It was reported on Dec. 17 that Shelton was charged with unlawful donduct towards a child. "Although this is tragic event for everyone involved and our heart goes out to the family, the death of this child could have, and should have been prevented," Sheriff Ray Nash said in a statement. Prosecutors say Shelton fell asleep while watching the boy. He wandered into the fenced yard and was killed by the pit bull.

2007 Dog Bite Fatality: Jennifer Lowe, Killed by Two Pit Bulls, No Charges Filed

Parents Want Charges
Knoxville, TN - On November 12, a neighbor called 911 after seeing a pit bull attack 21-year old Jennifer Lowe in a nearby home. Upon arriving at the scene, Knox County Sheriff's deputies shot both pit bulls, killing one and wounding the other. The second dog ran off into the woods and was missing until the next day. The parents of Lowe in disagreement with the preliminary decision by prosecutors not to seek criminal charges against the dogs' owner, Charles Smallwood.

A WBIR news article reports that neighbor Jeanne Kidd heard Jennifer's cries. "I just heard her screaming, 'Help me, somebody help me,' then she'd go quiet for a little while. Then I'd hear her screeching, 'Somebody please help.'" Kidd says she heard the attack from across the street, but didn't know if the shrieks were real or some kind of a joke. She knew it wasn't a joke when she saw Lowe lying in the doorway of the mobile home with a pair of bloody pit bulls hovering nearby.

The family said that Jennifer fought back both dogs as they tore away her face, neck, shoulder and arms. She died shortly after reaching the hospital. She did not lose consciousness until her death.

It took nearly a half an hour for Knox County Sheriff's deputies to reach the mobile home after the first 911 call. Jennifer's mother, Teresa Lowe, said, "My daughter just laid there. Now I'm wondering, did she bleed to death?" Police records reveal the response time to be true. Chief Deputy Tom Spangler said deputies initially thought they were responding to a possible domestic disturbance. One of the officers also had to stop and fill up his police cruiser with gasoline.

Teresa said that Jennifer, who hoped one day to become a probation officer, had been working to help support her younger sister, Candace, 17, who lived with their father and who is unable to work because of serious health problems. James Lowe said his 21-year old daughter had been studying criminal justice, but had recently stopped going to school. James said his daughter loved the arts and crafts, especially making hemp jewelry and spending time with young relatives.

Dogs Previously Declared Dangerous

Several months before the fatal mauling, Knox County Animal Control had declared both pit bulls "dangerous." The owner of the dogs, Charles Smallwood, had been ordered to build a pen for the dogs and was told they could only be outside if they were in the pen wearing muzzles. It is reported that animal control had visited Smallwood's home five times about the dogs prior to the dogs killing Jennifer Lowe. Officer David Head describes the time line in a follow up article:

  • The first visit, in August, followed a complaint by a neighbor saying her dog had been attacked by one of the pit bulls.
  • Subsequent to this, the dogs attacked two police cruisers, which is when officials deemed the dogs "dangerous."
  • On August 23, Smallwood's brother was cited over the dogs and sent to court.
  • On August 28, Smallwood signed papers stating he understood the county's requirements.
  • On September 14, animal control checked to make sure the county orders were followed.
  • Three days before the fatal attack, the dogs were found running loose in the yard with the owners. An animal control officer stopped and reminded them that the dogs needed to be muzzled and on a secure chain.

Due to dismal Tennessee dog law, Jennifer's family has no civil recourse, nor can authorities charge Smallwood with a crime. State law disallows civil liability for maulings of people who are guests in a dog owner's home but does allow recourse if the dog attacks a person walking down the street. Charles Smallwood was required to have the dogs muzzled if the dogs were outside the home. But Jennifer was inside the home at the time of the attack, so he faces no criminal penalty.

map iconView the DogsBite.org Google Map: Tennessee Fatal Pit Bull Maulings.

2007 Dog Bite Fatality: Boy Killed by His Grandmother's Pit Bull in Killeen

Grandmother and Mother Indicted in Mauling Death

Deferred Adjudication
UPDATE 01/13/12: Four years after a woman's pit bull killed her grandson, she was sentenced to probation. Brenda Ellen Parker, 51, received five years of deferred adjudication and 200 hours of community service in connection to the death of 11-year old Seth Lovitt. Parker previously pleaded guilty to criminally negligent homicide. In 2009, a grand jury indicted Parker and Seth's mother, Misty L. Lovitt, on charges of manslaughter and reckless serious bodily injury to a child.

Last May, the Bell County District Attorney's Office dropped the manslaughter charge against the boy's mother, Lovitt, in exchange for testimony against her mother. Seth died on November 6, 2007 after his grandmother's pit bull latched onto his neck while he played in the living room with his brother. He was transported to a local hospital where he died. The dog was known for biting people and had been involved in at least two biting incidents before Seth's mauling death.

09/02/09: History of Aggression
New information has been revealed in the criminal case against Misty Lovitt and Brenda Parker, the latter being the boy's grandmother and owner of the pit bull. After being evicted from her own home, Parker and her pit bull began living with the Lovitts about two months before the deadly attack. Evidence suggests Parker knew the dog was dangerous, including two previous bites. Ms. Lovitt was apparently only aware of one incident involving people prior to the fatal attack.

Jeff Lovitt, who went through a divorce with Misty in June 2007, was in the military stationed in Korea when his son was killed in November 2007. He said he had misgivings about Parker's pit bull named Little even from thousands of miles away. About two years before his son’s death, Lovitt’s dog, a boxer, and Little got into a fight at a family gathering. The fight was so vicious Little tore the other dog’s ear in two, Lovitt told the court during a custody hearing at that time.

In one of the last conversations Jeff Lovitt had with his son, Seth thanked him for the Halloween costume his father had ordered over the Internet while stationed in Korea. Within a day of learning of the tragedy, Lovitt was on a plane back for his son's funeral. Although Lovitt has expressed a desire for somebody to be held responsible in his son’s death, he gets no pleasure out of charges being filed against family members. What he would really like is for cities to ban pit bulls.

"We can’t chance it anymore. Too many kids have died." - Jeff Lovitt

08/13/09: Felony Charges Filed
Killeen, TX - Nearly two years following the deadly attack of an 11-year old boy, a Bell County grand jury has indicted the boy's grandmother and mother on one count of manslaughter and a count of reckless serious bodily injury to a child. Seth Lovitt was killed by the family pit bull on November 7, 2007. At the time, he and his brother were "running through the house yelling" when the dog suddenly leapt off the couch, knocked Seth to the ground and bit him on the neck.

"Two women are accused of manslaughter in the 2007 death of an 11-year-old boy, who was killed by the family pit bull.

Wednesday, a Bell County grand jury indicted Brenda Ellen Parker, the boy's grandmother, and Misty L. Lovitt, his mother, on a count of manslaughter and a count of reckless serious bodily injury to a child.

Seth Lovitt was running around his house in the 2900 block of Fairlane Drive in Killeen about 6:30 p.m. Nov. 6, 2007, when the dog jumped from the couch, knocked him to the ground and bit him on the neck. Parker of Garland and Lovitt of Killeen pulled the dog off the boy. He was pronounced dead later that night at Carl R. Darnall Army Medical Center at Fort Hood.

There is evidence that the women knew the dog had violent tendencies, First Assistant District Attorney Murff Bledsoe said. - Jade Ortego, Killeen Daily Herald, August 13, 2009

In the wake of Seth's tragic death, which jolted the region, nearby Fort Hood U.S. Army base reviewed post records and learned that in the last six years, 68% of the dogs declared dangerous were pit bulls. Rottweilers, in a distant second place, accounted for 8%. Fort Hood subsequently banned pit bulls from base housing in July 2008. Five months later, the entire U.S. Army adopted a standardized pet policy across all U.S. base housing banning dangerous dog breeds.

11/07/07: Boy Killed by Family Pit Bull
Killeen, TX - Police are investigating a dog attack, which killed an 11-year-old boy. Authorities say the dog jumped from the couch when the boy was running through his home with his little brother. The family's pit bull, named Little, knocked Seth Lovitt to the ground and attacked his neck. The boy's mother and grandmother managed to get the dog to release the child and called 911. The boy was transported in critical condition to Darnall Army Medical Center, where he later died.

An autopsy will be performed at the Southwestern Institute of Forensic Sciences in Dallas, according to the news release. The pit bull was sent to quarantine at the Killeen Animal Shelter.