2024 Dog Bite Fatality: Owner Charged with Felony After His Three 'Mastiff Breeds' Kill Man in Oakland, California

Multiple media are now reporting the death Robert Holguin, killed by three "mastiff breeds" in Oakland.


Dog Owner Charged
Oakland, CA - On September 1, a 53-year old man was killed by three loose dogs. On September 5, Brendan Thomas Burke, 57, was charged with a felony under the California statute for failing to secure his dogs resulting in death. Burke is being held at the Santa Rita Jail in Dublin. He was arraigned this morning. The victim, whose name had been withheld pending family notification, was a friend of Burke. The attack occurred in the 1600 block of 36th Avenue, where Burke's home is located.

Burke was running an errand when his three "mastiff breeds" got loose from his property and killed the man, who had attempted to hide under a vehicle, authorities said. All three dogs were turned over to animal control. There were no media reports about this vicious attack when it occurred. A 53-year old man trying to escape three large "mastiff breeds" by trying to hide under a vehicle on a residential street in the Fruitvale area only to not succeed and be mauled to death by three terrifying dogs.

The California statute -- and the subsequent speedy charges filed after the attack -- indicate at least one of the dogs had a previous bite record, and the owner failed to properly secure the dog(s). At least one of the dogs may have already had a legal designation too, such as being declared "potentially dangerous" or "dangerous" after a previous attack. Meaning, there will be considerable ease for prosecutors to "prove beyond a reasonable doubt" the owner knew the dog's dangerous propensities.

"(a) If any person owning or having custody or control of a mischievous animal, knowing its propensities, willfully suffers it to go at large, or keeps it without ordinary care, and the animal, while so at large, or while not kept with ordinary care, kills any human being who has taken all the precautions that the circumstances permitted, or which a reasonable person would ordinarily take in the same situation, is guilty of a felony."

Victim's Identity Released

The victim has been identified as Robert Holguin, 53. Around 12:20 pm Sunday, while Burke was running an errand, his three "mastiff breeds" got through a hole in his fence and attacked Holguin, who tried to hide under a vehicle. Holguin had been working on a car in a nearby driveway when the dogs attacked him, mauling his legs, arms and head, according to court documents. A person who witnessed the attack grabbed a pipe and started beating the dogs, but Holguin died at the scene.

On Thursday, authorities said the three dogs involved in the fatal attack -- two females and one male -- had been euthanized.

The three dogs are described as "half-cane corso" and half-Neapolitan mastiff; each weighing 100 pounds. Court documents state the dogs did not listen to commands and had a history of "discipline issues." Animal control officers also said the dogs had a history of escaping from Burke's yard, including one day before the fatal attack. In that instance, Burke was able to corral them back into his yard before they could harm anyone. He then blocked the hole with a dog fence and cinder blocks.

Victim was Homeless

KTVU spoke to the victim's brother, Alex Holguin, who said he visited him just three weeks ago. He said he never imagined his brother would die this way. Alex lives out of state. He said his brother was homeless and living out of his car. There were six dogs on the property. At least three were cane corso-Neapolitan mastiff mixes that broke through the fence and killed his brother. Those three dogs have been euthanized and the other three dogs were confiscated by Oakland Animal Services.

Alex said his brother suffered from mental illness, which led to drug addiction. He had served time in prison for drug-related offenses, and ultimately began experiencing homelessness. He also called his brother a "street preacher." Alex offered a message to the owner of the dogs. "You're now serving, being held accountable like anybody should be that breaks the rules." He added, "We don't know you. We are merciful. We are forgiving. We are Christian." Burke is being held at the Santa Rita Jail.


three mastiff breeds kill Oakland man

The dogs got through the rickety fence, pinned Robert Holguin under a car and killed him.

three mastiff breeds kill Oakland man

Front of dog owner's home and a mastiff breed on the property after the fatal dog attack.

Related articles:
08/14/24: 2024 Dog Bite Fatality: Husky Blamed for Deadly Dog Bite to Homeless Man in Fresno
08/09/24: 2024 Dog Bite Fatality: Woman Killed by Great Danes, in Butte County, California


Baseline reporting requirements:
Law enforcement departments across the United States should release consistent "baseline" information to the media and the public after each fatal dog mauling, including these items.

2024 Dog Bite Fatality: Pit Bull Kills Toddler While Being Babysat by Teen in Newark, New Jersey

An 18-month old toddler was mauled to death by a pit bull while being babysat at a Newark home.


Pit Bull Kills Toddler
Newark, NJ - An 18-month old girl is dead after being attacked by at least one pit bull. The attack occurred Tuesday in the 100 block of 2nd Avenue near Wakeman Avenue around 9:30 pm, reports RLS Media. The dog was actively attacking the girl when Newark police arrived. She was transported to University Hospital, where she was pronounced dead. The attack comes just days after East Orange police, 4 miles away, shot and killed a "family" pit bull after it attacked three children and an adult.

The Essex County Chief Assistant Prosecutor, Thomas Fennelly, confirmed the girl's death was likely the result of a "canine attack" and that an autopsy will determine the cause and manner of death. Fennelly did not disclose the location or circumstances of the attack, the owner of the dog, or the breed of dog involved. Back in March, a pit bull killed an infant and critically injured his mother in a multi-victim "family" dog attack in Woodbridge, New Jersey, about 20 miles south of Newark.

Both CBS New York and WABC report the toddler was being babysat by a teenager at the time. The deadly attack occurred inside the first floor apartment. A "Beware of Dog" sign hung on the fence of the home. The front door of the apartment was open while WABC was filming. Apparently, the toddler "wandered away" and encountered the dog, reports WABC. Detectives are trying to obtain more information from family members, but they are so "distraught" they can't be interviewed yet.

Kawhon Jahnye, who lives nearby, told WABC he was stunned at the number of responders at the scene. "When I seen that amount of agencies and police enforcement and ambulances, I thought, 'My God, what's going on?'" Jahnye was later told by responders, "An 18-month old baby has been ripped apart by a pit bull, or a ferocious dog." Jahnye added, "That's the most horrific thing that can happen to anybody." A man exiting the home told a WABC reporter, "The dogs belong to my brother."

Finally, there are several discrepancies. WABC reports the attack occurred in the afternoon and the toddler was pronounced dead at 7:00 pm. Other outlets report that attack occurred at 9:30 pm. It's also unclear what "wandered away" actually means (Did the toddler wander away into a shared hallway or upstairs into a different apartment unit?). One pit bull was inside the apartment apparently, and 1-3 other pit bulls were "in the building." Newark Animal Control confiscated all of the dogs.

Clarifications: The fatal dog attack occurred in the late afternoon or evening, according to media sources who went to the location and spoke to neighbors. The 18-month old child, who was being watched by a teenage babysitter at the time, was pronounced dead at University Hospital around 7:00 pm. Four pit bulls were seized from the family's home, according to investigators, but it was unclear which of the dogs were involved. Authorities believe all four dogs belonged to a family member.


Pit bull kills newark toddler being babysat

The home on 2nd Avenue in Newark's Central Ward where a pit bull killed a toddler.

Related articles:
03/10/24: 2024 Dog Bite Fatality: Woodbridge Infant Killed, Mother Injured in Pit Bull Attack
06/10/21: 2021 Dog Bite Fatality: Elizabeth Child Dies After Falling from Window, Mauled by Pit Bulls
03/30/21: 2021 Dog Bite Fatality: Carteret Boy Killed, Mother Severely Injured in Pit Bull Attack


Baseline reporting requirements:
Law enforcement departments across the United States should release consistent "baseline" information to the media and the public after each fatal dog mauling, including these items.

The Vicious and Dangerous Dog Hearing of Max, a High Prey Drive Husky in San Francisco, and the Statement of Decision

The dangerous dog hearing of Max, a high prey drive husky with animal and child aggression.


Statement of Decision
San Francisco, CA - On May 22, 2024, about a month before a San Francisco man had to scale a tall fence to escape two vicious pit bulls, another high-profile attack occurred in the city. "Max" the husky had been sitting under a table at an outdoor pizzeria with its owners, when he suddenly bolted and hunted down a child walking nearby with his nanny. After the male owner regained control of Max, he sat back down at the pizzeria and "finished his beer." Surveillance cameras captured the attack.

No attempt was made by the owners to provide their contact information to the boy's nanny. The couple said they were unable to because they did not speak English and because "everything happened fast." KABC-TV interviewed the child's mother, who had desperately tried to find the owners to obtain the dog's vaccination status so her son could avoid the rabies shots. At that time, SFPD's Vicious and Dangerous Dog Unit was investigating, and a hearing was set to be calendared.

Before the Vicious and Dangerous Dog Hearing was scheduled, KABCT-TV uncovered a previous attack by Max that was also captured on video. A year prior to the May 2024 attack near the pizzeria, Max attacked "Ajaxx," a smaller, 10-year old dog, unprovoked in the lobby of their building. Ajaxx's owner, Jomai DeHaven, filed a dog bite report afterward, but nothing ever came of it. DeHaven did not know he needed to file a Vicious and Dangerous Dog Complaint in order to open an investigation.

The hearing was held on August 6. DeHaven testified first, followed by the child's mother, Clair Wang, and his father. The parents were able to obtain multiple surveillance videos, which we overlaid on the hearing video. Both owners of Max, through an interpreter, testified next. Due to the nature of both unprovoked attacks by Max -- first to a senior dog, then a toddler -- we had a strong interest in learning how the hearing officer would rule in this case: muzzle restrictions or euthanasia?

Statement of Decision

The 11-page Statement of Decision by the independent hearing officer, Janelle Caywood, was issued on August 22. "All testimony and documentary evidence were carefully considered and incorporated," states the decision. We knew the prognosis for Max was poor, a two-time biter by the age of three and was neutered at the age of one. With unprovoked animal and child aggression, rehoming/rescue was off the table too. Max was declared Vicious and Dangerous and ordered to be humanely euthanized.

"Based on the testimony at the hearing, the documents, photographs, videos, and the above Findings, the dog Max meets the vicious and dangerous criteria ... The harrowing videos of the two attacks depicted in the videos in Exhibit 7 speak for themselves ... Max chased down, attacked, and bit a toddler in the right arm, yanking the child to the ground. Thereafter, the dog circled the child and nanny for 20 seconds, in a menacing manner, before the owners finally got control of the dog ... the boy and his nanny did not provoke, strike, tease, or antagonize Max. They simply walked along the sidewalk a considerable distance away from the dog and did nothing to justify this dog hunting down the toddler like prey, biting the boy, and swinging the boy to the ground. Even if the child had made noises as Mejia contended (which the undersigned did not find credible) a toddler’s sounds from a considerable distance away does not constitute provocation to justify hunting down the child and attacking him." - Statement of Decision, August 22, 2024

Caywood also wrote about the husky breed's "innate strong prey drive," which already requires careful management, the unlikelihood of rehabilitating Max through training due to his prey drive for children and dog aggression, and that his lack of bite inhibition was an indicator he would bite again. Given these elements combined, in addition to the fact that dog "owner compliance is never perfect," Caywood had little choice. There was only one sensible outcome in the matter of Max.

"Unfortunately, there is only sensible outcome in this matter: Max must be humanely euthanized to protect the community. Vulnerable children are most at risk for dog bites, so it is of paramount importance that the City and County of San Francisco take swift action when a dog has a propensity to hunt children as Max demonstrated on May 22, 2024. Huskies have an innate strong prey drive and require careful management as it is. But Max’s prognosis is poor and likely cannot be rehabilitated with training given his innate prey drive for children and dog aggression. Max lacks bite inhibition as evidenced by the fact that the child’s wound is so deep. A lack of bite inhibition demonstrates that the dog is likely bite again at the same depth or deeper which poses a grave threat to the children in the community. The dog’s behavior is not amenable to the remedies in Section 42.3(c)(ii) and the standard vicious and dangerous dog restrictions are inadequate to protect public safety. Muzzle and a short-leash mandates are not enough to protect the public from this dog because owner compliance is never perfect. Also, even if Max were ordered to wear a muzzle in public, Max could still attack a person in a private home or facility when lawfully not wearing a muzzle or when eating or drinking. Notably, Max has already been neutered and continues to bite at a dangerous level. This dog is unsafe to exist in the community and must be put down." - Statement of Decision, August 22, 2024

Discussion

The owners of Max had the dog neutered in late 2022.1 At that time, the dog was also vaccinated and microchipped. Max was wearing a leash in the videos but was not always under its control. Thus, the couple had some knowledge of responsible dog ownership and the city's laws. They had no knowledge of the husky breed, unprovoked aggression, or bite inhibition. Nor did they realize that failing to provide their contact information forced a 3-year old to undergo eight painful rabies shots.

"Her child suffered a deep bite wound, as well as additional teeth wounds, that was more horrible than she imagined and required five (5) stiches. Blood was everywhere and flesh was stuck to his clothes. Because they did not have rabies vaccine information, her child had to get eight (8) rabies vaccination shots, including shots directly into the bite wound, which were very painful." - Statement of Decision, August 22, 2024

After Max attacked Ajaxx, he was eligible for a Vicious and Dangerous Dog Hearing. Unfortunately, DeHaven had not known how to pursue that process. By the August hearing, Max had inflicted another vicious attack. After "hunting down the toddler like prey," Max menacingly circled the boy and his nanny. It took the owners two minutes to regain control of their dog. It was only after two attacks, and being ordered by SFPD, the owners recognized Max could never be unmuzzled in public again.

What occurred to this child is non-repeatable. There could be no "strike three" for Max. His owners being unable to comprehend the magnitude of Max's dog aggression and child aggression is irrelevant. The owners also do not have a yard, enclosed or otherwise. Meaning that every time Max had to relieve himself he would need to be leashed and muzzled -- a zero mistake dog. Sadly, what Mejia told the hearing officer, "Please don't take him, I will train him," is adolescent wishful thinking.

As Caywood pointed out, a muzzle restriction when in public, would not make Max safe indoors. He could attack a child in a private home while "lawfully not wearing a muzzle or when eating or drinking." Mejia stated they had no children in their home. But that could change, not to mention a child or infant visiting. Few entities beyond our readership understand the danger some huskies -- with or without these propensities -- pose to infants. The dog "Max" is set to be euthanized on September 3.

The Declined Witness

The child's mother and father were not present during the attack, only the nanny witnessed the attack. The nanny declined to be a witness, did not provide a written statement, and did not attend the hearing. Given the video evidence presented at the hearing, perhaps she thought she was not needed? Unfortunately, that left her statements to Wang as hearsay. "Wang's testimony regarding" the nanny's "statements were not considered for truth because they are hearsay," states the decision.

What if there had been no video, or the video only captured part of the attack on the child? That would have meant that the only witnesses providing testimony about the "events of the attack" were the owners of Max. Recall that Mejia stated on the record the child was making noises that provoked Max. "The baby was yelling or making noise, so the dog got up and ran. They didn't think that it was going to be so easy for the dog to come out from under the table," stated the translator for Mejia.

Even with video, key witnesses appearing and providing testimony is critical. Failing to appear can impact the hearing officer's final decision. Cornell Law states: "Hearsay is an out-of-court statement offered to prove the truth of whatever it asserts, which is then offered in evidence to prove the truth of the matter. The problem with hearsay is that when the person being quoted is not present, it becomes impossible to establish credibility. As a result, hearsay evidence is generally not admissible in court."

Video Timestamps

We designated the following chapters in our video of the hearing to help readers navigate the chapters. At the 28:45 mark, you can watch all videos related to the attack on the child and what followed uninterrupted. Due to the translator, the testimony by Max's owners moves more slowly, but the questions Caywood asks are weighty, and you can see how she begins to formulate her opinion. Finally, there are some "wobblies" in the hearing video when switching angles; sorry about that!

00:00 Vicious and Dangerous Dog Hearing begins
07:59 Child's nanny declined to be a witness or provide written testimony
08:53 Witness DeHaven, the owner of Ajaxx, testifies
15:54 Video, Max attacking Ajaxx in the lobby
18:13 Witness Wang, the mother of child, testifies by phone
28:45 Videos (all) of attack near pizzeria and afterward
37:22 Witness Bekerman, the father of child, testifies by phone
41:35 Witness Mejia, female owner of Max
1:23:42 Witness Gomez, male owner of Max
1:40:30 Brief rebuttals of child's parents and DeHaven
1:43:39 Injury photos of Ajaxx shown
1:44:31 Rebuttals of Max's owners.
1:46:45 Recommendations from SFPD and Animal Control
1:53:00 Vicious and Dangerous Dog Hearing closes

High prey drive husky hunts child

From left: Ajaxx owner DeHaven, Max owner Mejia, and hearing officer Janelle Caywood.

High prey drive husky hunts child

Max at the pizzeria, the injured toddler, and Max walking away afterward with owner Gomez.

1Max was neutered on November 25, 2022, around the age of 10-12 months old. Both attacks occurred afterward, a year apart (05/13/2023 and 05/22/2024). This information was added for clarification on September 6, 2024.

Related articles:
06/13/24: San Francisco Man Scales Tall Fence to Escape Violent Pit Bulls Captured on Video
10/29/23: Ring Camera Video of Pit Bull Attacking Pomeranian in San Francisco Used in Hearing
02/26/22: Vicious and Dangerous Dog Hearing After Alleged 'Service' Pit Bull Attacks Security...

2024 Dog Bite Fatality: Man, 33-Years Old, Killed by Dogs in Austin Neighborhood on Chicago's West Side

killed by dogs Austin neighborhood
A 33-year old man was killed by dogs in Chicago's Austin neighborhood.

Man Killed by Dogs
Chicago, IL - On Saturday night, a 33-year old man was found dead with multiple dog bites in Chicago's Austin neighborhood. The man was found unresponsive in the vestibule of a two-flat building in the 5500 block of West Quincy Street around 8:30 pm. Multiple dogs were located inside the apartment. The Cook County Medical Examiner's Office identified the victim as Keshon Bullock, 33, of Cicero. The cause of death was ruled a dog mauling; the manner of death was an accident.

The victim's name has multiple spellings, according to our online research, including Keshaun and Keshawn. Felicia Simmons King, who is a friend of 33-year old Keshawn Bullock and his relative Keith Bullock, stated in comments on the WGN-TV Facebook post that he was killed by "XL bullies." Facebook pages of both men show they were breeding pit bulls in 2013. Police did not release breed information. The victim was pronounced dead at the scene. No other information is known.

Victim was Dog Sitting

On Monday, more information was revealed after King responded to comments on the WGN-TV thread, stating about the victim, "Yes I know him, we grew up together." King also stated that Keshon was dog sitting at the time. "They wasn't his dogs," she wrote. "It was a close friend of his dogs he was just cleaning up and feeding them for him when he be out of town or at work (sic)." There have been other cases of pit bulls killing their dog sitters this year, including Kimberly Williams and Joni Hatcher.


man killed by dogs austin neighborhood

A friend of the victim states he was killed by XL bullies on the WGN-TV Facebook post.

man killed by dogs austin neighborhood

A friend of the victim states he was dog sitting; the dogs belonged to a close friend.

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

Related articles:
07/04/24: 2024 Dog Bite Fatality: Man, 41, Killed by His XL Bully, the Largest Pit Bull Breed Variant
02/16/24: 2024 Dog Bite Fatality: Man Killed by Pack of Breeding Pit Bulls in Compton, California


Baseline reporting requirements:
Law enforcement departments across the United States should release consistent "baseline" information to the media and the public after each fatal dog mauling, including these items.