Posted on November 15, 2021 by Colleen Lynn

Model Letter: Advocate Writes to Candidates for Virginia Governor Outlining Poor Civil and Criminal Dog Bite Laws

Photo: Virginia State Capitol by Jim Bowen, Attribution 2.0 Generic (CC BY 2.0)

Richmond, VA - Back in late September, dog bite victims' advocate Bonny Lee sent a compelling letter to the candidates running for Virginia Governor, Glenn Youngkin and Terry McAuliffe. Lee is part of a loose coalition of Virginia citizens (the dog safety committee) who have been attacked by loose dogs or have had their own domestic pets or livestock killed by dogs. Lee has been active in legislative issues in Virginia for a number of years, as one can tell by her well-crafted letter.

Lee comments on the poor civil dog bite laws in the state. Virginia still adheres to the ancient "one bite" rule. Virginia also follows another ancient and inhumane doctrine, called the "contributory negligence" rule, states dogbitelaw.com. "It says that a person who is even one percent responsible for an accident has no legal right whatsoever to recover compensation for medical bills or anything else. There are only 4 states in the USA that follow this terrible, 18th century rule."

Lee states in the first paragraph of the letter how lacking the criminal dog bite laws are in Virginia as well. It is virtually impossible to obtain a felony conviction against dog owners or rescuers after a vicious attack, including after the horrific mauling death of a person, states the letter. Taken together, the civil and criminal dog bite laws in Virginia place the rights of vicious dogs and their owners over the rights and safety of human beings, the Commonwealth's citizens, states the letter.

In the second bullet point, Lee questions why the Animal Law Unit of the Attorney General's office, a unit that exists to protect animals, has any role in the consideration of human protection. Lee also addressed this issue in a Letter to the Editor back in November 2020 (The rights of human victims of dangerous dogs or their domestic pets is not within the purview of the Animal Law Unit, yet that unit must approve any legislation designed to protect humans and their pets, Lee states.)

Lee's final bullet point dives into some of the outrageous bills that have recently been presented to the General Assembly concerning dangerous dog legislation. "Such as sending dogs deemed dangerous out to other states as long as they didn't border Virginia, or moving dangerous dog hearings to any jurisdiction in the state, forcing victims and attorneys and animal control to travel long distances, a cynical attempt to virtually shut down dangerous dog hearings," states the letter.

Become Active in State Legislation

Lee's letter spells out where the problems are in Virginia state law and who she stands with, the undersigners of the letter. This is a grassroots effort -- there are no paid lobbyists or businesses, such as a nonprofit 501(c)3 or (c)4. This is how change begins. Many people write in and ask us, "How can I get involved?" By doing exactly as Lee has done. Become active in state legislation by contacting elected officials and candidates, as well as by submitting letters to your local paper.

September 27, 2021

Glenn Youngkin
Candidate for Governor
Post Office Box 3950
Merrifield VA 22116

Dear Mr Youngkin,

There are problems with Virginia Law that place the rights of dogs over the rights and safety of human beings, the Commonwealth’s citizens. It is almost impossible to obtain a felony conviction against the owners or rescuers after a dog attack, regardless of the extent of human injury, including the terrifying death of the individual. The most widely publicized of these was the death of 90-year-old Margaret Colvin of Virginia Beach, who was mauled to death by a so-called rescue dog. It appears to the public, at least, that Mrs. Colvin’s life was worth only a $750 misdemeanor fine.

We are a loose coalition of Virginia citizens (the dog safety committee) who have either been attacked by vicious dogs or have had their own leashed domestic pets or livestock killed before their eyes. Here are issues that concern us:

In response to the rising morbidity and mortality from dog attacks, 36 of the 50 United States now have law that apply strict liability to the owners of animals that attack and maim. Virginia is not one of them. We also allow for contributory negligence; that may involve simply getting off of the school bus or being chased into your own yard by a vicious dog. As examples, one of the undersigned spent 27 days in the hospital and another is the parent of a child whose index finger was amputated by a dog. Once more, only misdemeanor fines for the owners, while significant financial, emotional and physical tolls are the victim’s to bear.
The Animal Law Unit of the Attorney General's office is involved in approval of proposed changes to the dangerous dog statutes we already have. The unit exists to protect animals. While we recognize the need for this office to fight animal cruelty of all kinds, we do not understand why this office also involves Robin McVoy, the incorporating attorney for Ring Dog Rescue, in consideration of improvements to human protection. Ms. McVoy represented the Animal Law unit of the Attorney General’s office at a meeting intended for victims to tell their stories in Henrico, sponsored by the Virginia Alliance for Animal Shelters. Perhaps most hurtful to the citizens present is Ms. McVoy's organization's goal to "rehabilitate the image of the Pit Bull dog,” a direct insult to many present as most but not all had been harmed by that particular breed. Why was this allowed to happen? Likewise, should have Michelle Welch, the director of the Animal Law Unit, a former board member in the Virginia Federation of Humane Societies, whose goal is to impose a 90% "save" rate on shelters, regardless of the number of problematic animals that then must be released to the public?
In the past, bizarre and incredulous suggestions have been introduced into our General Assembly, such as sending dogs deemed dangerous out to other states as long as they didn't border Virginia, or moving dangerous dog hearings to any jurisdiction in the state, forcing victims and attorneys and animal control to travel long distances, a cynical attempt to virtually shut down dangerous dog hearings. Perhaps the more than 600 Americans killed by dogs since 2005, many of them children and the elderly - - our most vulnerable citizens - - will put a damper on the continued efforts by so-called humane organizations, the driving force behind efforts to "save them all,” regardless of the consequences.

If you are elected, we hope you will carefully consider every aspect of any dangerous dog legislation before signing it.

Sincerely,
Bonny T Lee, RN
Roanoke, VA

Join State Association

We asked Lee if there was advice she wanted to share with other advocates. Lee recommended joining your state animal control association. "I strongly suggest to others interested that they consider joining their state animal control association if their association has an associate or non-officer category," Lee said. "It has helped me tremendously to not only make friends, but also keep up with pending legislation and encourage victims to call and write to their legislators," she said.

During the 2021 legislative cycle, two professionals that Lee came to know during events at her state animal control association went to bat for victims of dangerous dogs. Kathy Strouse, a Board Member for the Virginia Animal Control Association, and Sharon Adams, who chairs the Executive Committee for the Virginia Alliance for Animal Shelters, helped Lee's coalition by supporting legislation that helps prevent changes of ownership before a dangerous dog case is adjudicated.

model letter to candidates and Virginia animal control association

In 2018, the Virginia Animal Control Association gave Lee a booth to use at no charge for their annual conference for SCARS Kids (Survivors of Canine Attacks Recognition and Support).

Lee, Pam Ashley and Tina Pounds, who survived a vicious pit bull mauling intended for her grandson, had literature at the booth, including materials from SCARS Kids and DogsBite.org.

Posted on November 11, 2021 by Colleen Lynn

2021 Dog Bite Fatality: Avoca Woman, a Dog Rescuer, Killed in Dog Attack Six Weeks Ago in Northwest Arkansas

Patti Webb, 65, was killed in a dog attack in September at her home near Avoca.

Eviction Lawsuit
UPDATE 01/27/24: In 2023, we obtained the investigative report from the Benton County Sheriff's office. The suspected dogs were three pit bulls belonging to Jeffery West Jr., who rented the mobile home on Webb's property. DNA samples were taken from the pit bulls, two females (one white and one gray) and one male (gray), and 7 other dogs loose on the property and sent to the Arkansas Crime Laboratory. It was later determined to not proceed with DNA testing. No criminal charges were filed.

In March 2022, Webb's estate sued West to obtain unpaid rent and utilities and to evict him from the property. The Complaint states in part, "Defendants own Pitbull dogs which, on September 24, 2021, mauled Plaintiffs' aunt, Patti Webb, to death. Since the attack, said dogs have bitten Plaintiff, Krista Webb, and have caused Plaintiff, Shanda Webb, to be trapped in her vehicle due to the dogs threatening to attack. No accident [action] has been taken by any authority regarding the dogs."

Jeffery West Jr. posted a photo of his three pit bulls to his Facebook page on November 12, 2021, just a few weeks after Webb was killed by the dogs, according to Webb's estate.

11/12/21: Suspected Attackers
Yesterday, we began examining the local rescuers and transports that began trying to find homes for the animals that were left on the property belonging to Patti Webb. She was discovered dead on her property on September 24, 2021, after being attacked by one or more dogs. The Benton County Sheriff's Office believe Webb was breaking up a fight between two dogs when at least one of them attacked her. There were at least 17 dogs on her property, the sheriff's department said.

We know that by October 6, rescuer Ken Garner was trying to find homes for four of Webb's dogs. We also know that by October 16, "more than a dozen" of Webb's dogs were sent to the "Ozark Freedom Drivers" for transport to Illinois. This combined number equates to about 17 dogs. These facts conflict what the sheriff's office told the NWA Democrat-Gazette on November 11. That "the dogs will remain in quarantine until reports are back from the laboratory" regarding the results of the DNA tests.

We also know that two dogs belonging to a neighbor may have also been involved in the attack, according to Captain Thomas See. Presumably, their DNA is also being tested. Those two dogs, which are still in the owner's custody, are being home-quarantined. An October 31 post by Garner, sheds more light on the neighbor, who is actually a renter on Webb's property. Both dogs are pit bulls. The dogs "knew her," Garner states, and she had taken both pit bulls to a veterinarian to get neutered.

Garner does not believe Webb's dogs were involved in the deadly attack. "I'm sure [it] wasn't Patti's dogs," Garner wrote. "Her renters had pits. But she took the pits and had [them] neutered. They knew her. But maybe trying to break up a fight. Don't know. Upsetting," he wrote. Given that all, or nearly all,1 of Webb's dogs have been rehomed already, it doesn't make sense from a police perspective that her dogs were involved in the fatal attack either. The only suspects are the two neutered pit bulls.

Garner states Webb's renters had pit bulls and that Webb had gotten both dogs neutered.

11/11/21: Avoca Woman Killed by Dogs
Benton County, AR - Patti Webb, 65-years old, was discovered dead at her home on September 24, according to Captain Thomas See, who leads the criminal investigation division for the Benton County Sheriff's Office. Detectives believe Webb was breaking up a fight between two dogs when at least one of the dogs attacked her. 17 dogs were removed from Webb's home near Avoca, See said. Two dogs belonging to a neighbor might have also been involved in the attack, See said.

The dogs seized from Webb's home were taken to the Humane Society for Animals in Rogers. See said her dogs needed to be held in quarantine due to the mauling. However, social media posts indicate that over a dozen of these dogs were sent to the "Ozark Freedom Drivers" for transport to Illinois on October 16. The two dogs belonging to the neighbor are still in the owner's custody. But the owner understands the dogs must be home-quarantined, according to Captain See.

DNA samples were taken from each of the dogs and sent to the Arkansas Crime Laboratory, reports the NWA Democrat-Gazette. See said the dogs will remain in quarantine until reports are back from the lab to see if it can be determined which dog or dogs were involved in the attack. Captain See made no mention of the over one dozen dogs belonging to Webb that have already been transported out of state. Webb fostered animals and took in stray dogs, according to authorities.

The Benton County Sheriff's Office did not issue a press release after her death in September and did not release the breeds of dogs that belonged to Webb or her neighbor. Captain See did confirm that the medical examiner determined Webb's death was due to being mauled to death by dogs. Online voter registration websites show that Webb lived in the 12000 block of Cavewood Road near Avoca. Her closest neighbor owns at least one female pit bull, according to his Facebook page.

The Disconnect

What the "quarantined dogs" disconnect by Captain See could indicate is that it became clear early on that over a dozen of Webb's dogs were not suspects and were cut loose by the sheriff's office -- freed for transport -- in October. Thus, leaving the neighbor's two dogs as the primary suspects and possibly one or only a few dogs owned by Webb. DNA lab results could take months to be returned, and there is no guarantee that there will be any follow up by news outlets at that time.

"Cut loose" may be the wrong choice of wording as well. A Facebook friend of Webb, Ken Garner, who tried to rehome Webb's pets stated on October 6, "We are trying to place animals that are left at Pattie Webb place in Avoca," indicating that some animals were never even seized, at least not by that date. Webb had a number of different kinds of animals, including adult dogs -- at least one was a great pyranees -- pyranees puppies, several overweight pot bellie pigs and a donkey.

Rescuer Ken Garner scurried to find homes for Webb's animals left outside on her property.

The great pyranees, named "Valerie," did have aggression issues. Comments about her puppies from Garner include, "They are big pyranees pups. So shy. Only patti could pet them."

1We are trying to determine where Valerie and her two offspring are currently being held.

View the DogsBite.org Google Map: Arkansas Fatal Pit Bull Maulings.

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.

Posted on November 10, 2021 by Colleen Lynn

2021 Dog Bite Fatality: Newborn Killed by Family Pit Bull in Johnston County, North Carolina

A newborn baby boy was killed by a family pit bull in Johnston County, North Carolina.

Family Dog Kills Infant
Kenly, NC - A newborn baby boy is dead after being attacked by a pit bull. Just after 5:00 am, Kenly Police and emergency responders were dispatched to a residence in the 200 block of South Church Street. Arriving officers discovered that a male infant had been attacked inside the home by a female pit bull. The North Carolina State Bureau of Investigation and Johnston County Medical Examiner’s Office will be assisting Kenly Police with the infant's death investigation.

Police Chief Josh Gibson said the death is being treated as accidental. “First and foremost, we offer our sincere condolences to the family and their friends during this difficult time,” Chief Gibson said in a prepared statement. The pit bull was taken into custody by Johnston County Animal Services. Officials said the dog was surrendered to them. After a 72 hour hold, the dog will be euthanized. Counseling will be offered to all of the first responders who were at the scene.

Audio dispatch logs from Johnston County Public Safety at Broadcastify.com state it was a family dog. "Family dog, code blue, code blue," states the dispatcher. "Respond to a 1-month old male," states the dispatcher. The infant's death comes after 10-month old Malia Winberry was fatally attacked by a pair of family rottweilers in the same county back in May. The father of Malia was a law enforcement officer in Wake County and her mother worked for Johnston County's EMS.

In late April, 7-year old Jayden Henderson was killed by her neighbor's two pit bulls in the adjacent county of Wake County. After months of court proceedings, those pit bulls were finally euthanized. The death of Jayden, and the subsequent legal actions by the dogs' owners to have the dogs returned to them, received enormous press coverage in this area. Why "any" parent or caretaker would have a newborn baby in the same household as a pit bull is simply unimaginable to us.

On Thursday, WRAL News provided new information about the 8-day old baby boy's mauling death. Initially, Chief Gibson said the family had taken in the pit bull as a stray just a few days prior to the fatal attack. On Friday, Detective Rayne Biggs clarified that the dog was rehomed and familiar to the family. "The dog was rehomed, and the family was familiar with the dog from previous encounters," Biggs said. The identity of the infant boy was not released by police.

Infant Dog Bite Fatalities

Despite the fact that all dog breeds are "capable" of killing infants (< 1 year old), most dog breeds do not. Over the 16-year period of 2005 through 2020, canines killed 72 infants in the U.S. Pit bulls accounted for 49% of these killings, followed by huskies, 13%, rottweilers, 10%, and German shepherds, 8%. 16 different dog breeds inflicted these infant deaths, the majority of these breeds having only 1 death attribution. The AKC currently recognizes 197 different dog breeds in U.S.

Dog breeds "capable" of killing infants in no way reflects the breeds that actually do kill infants. Pit bulls alone accounted for half of these deaths.

newborn killed by pit bull johnston county

Area of the fatal pit bull attack, the 200 block of South Church Street in Kenly, North Carolina.

Home on South Church Street where a newly taken in stray pit bull fatally mauled an infant.

View the DogsBite.org Google State Map: North Carolina Fatal Pit Bull Attacks.

Posted on November 6, 2021 by Colleen Lynn

Pit Bull Suspected in Death of 41-Year Old Man in McKeesport, Pennsylvania; Police Continue to Investigate

A 41-year old man was found dead in a home, and a pit bull was the initial suspect.1

Few Details Released
McKeesport, PA - On Friday afternoon, just after 4:30 pm, Allegheny County Police were dispatched to the 2900 block of Grover Street, for an "individual possibly injured by a dog. Unknown the severity of injuries," according to audio dispatch logs from Allegheny County Public Safety. Allegheny County Homicide is investigating the death of a man believed to be the result of a dog attack, McKeesport Police Captain Christopher Halaszynski told KDKA Friday night.

Multiple neighbors told KDKA that they heard about four gunshots and believe the dog had been shot once they came out and saw this. "There was blood and vomit on the street. There were four shell casings on the street," one neighbor told KDKA. The dog involved was a brindle-colored pit bull, who neighbors believed to be about 4-years old. McKeesport police said the dog was alive and was taken into custody by animal control officials. It's unclear if the dog had been shot.

The man was identified as Stephen Rucinski, 41, by the Allegheny County medical examiner’s office. By Saturday, Halaszynski said that police no longer believe that the dog was involved. He requested that Allegheny County Homicide detectives "sort out what happened," WPXI reported. That department is now overseeing the investigation. At 6:50 pm Friday, Allegheny County Fire was asked to do a "spray down" on Grover Street, according to audio dispatch log files.

Rucinski was found wounded and dead inside by a family member, according to emergency personnel, reports Tube City Almanac. The extent of Rucinski’s injuries was not publicly released and it was not clear who owned the dog. The pit bull bolted from the home too. McKeesport police and animal control officers had to search the neighborhood for an hour after the "incident" to locate the animal. The investigation is continuing, but further information will not be released.

Pennsylvania Undercount

Back in 2017, we commented on three fatal or near fatal pit bull maulings in Philadelphia, none of which are included in our dog bite fatality statistics due to lack of confirmation by Philadelphia police, an agency that has never responded to our FOIA requests. Now, another victim may be added in the Pittsburg area. We know from CDC Wonder database that we have undercounted dog bite fatalities in Pennsylvania with the most obvious areas being Philadelphia and Pittsburg.

Since 2005, we have recorded three fatal dog maulings in Philadelphia (population 1.6 million), but none in Pittsburg (population 302,000), the second largest city in Pennsylvania. Suburbs of Pittsburg, however, have reported fatal dog maulings during the period, including one fatal attack in McKeesport (population 19,000) in 2012 and another in West Mifflin (population 20,000) in 2015. It is unknown if we will learn anything else about the death of Stephen Rucinski.

1Notably, in the 2013 Google Street View photograph of the home on Grover Street, there is a lighter colored, non-brindle pit bull curled up behind the fence sleeping, where a sign reads, "Guard Dog on Duty." Ambiance.

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