Owner Charged

[felix]

I don't know if this was already posted. Owner of the dogs that killed a woman is formally charged with murder in USA.

Link

[moosepup]

Excellent! It's disappointing that there were reports of these dogs attacking people but it took a death for something to be done. I thought it worthy to note this from the poor lady's husband:

"I do not blame the dogs. I don't blame pit bulls," Ben Devitt said. "I blame people who don't take responsibility for their animals."

[Salukifan]

Good. Should have happened earlier

Not all of the dogs are licensed, spayed or neutered as required by county and state law, said Marcia Mayeda, the county's animal control director.

Cleary said in most cases the dogs involved in attacks are not family pets but animals who are often isolated and don't get positive human interaction.

"If a dog has seriously hurt or killed someone, you have to look to the owner and the owner should be held accountable on some level," he said. "There's no reason we have to tolerate that kind of behavior."

And there you have it.

Edited June 1, 2013 by Haredown Whippets

[Kirislin]

It's a bit like closing the stable door after the horse has bolted though.

[BlackJaq]

Good. I hope Australia takes note and also begin to address the correct end of the leash in these cases!

[Pailin]

Not saying that I disagree with the charge but I always thought that to get a Murder conviction, intent to kill has to be proven. I would have thought that Manslaughter would have been the better suited charge to the circumstances.

[Salukifan]

Not saying that I disagree with the charge but I always thought that to get a Murder conviction, intent to kill has to be proven. I would have thought that Manslaughter would have been the better suited charge to the circumstances.

Actually, reckless indifference to human life for the consequences of an act will also get you there. There doesn't have to be intent if they can prove that the owner knew his dogs posed a risk to people from attack and did not act to contain them.

[BlackJaq]

Maybe laws differ in the US? I'm not sure that they differentiate between the two like they do here in Aus?

ETA: Have read a little about it and it seems that manslaughter does exist in the same capacity it does here. I presume the prosecution would have a reason for calling it murder, not manslaughter though? I presume since there have been previous reports, they may be arguing that the guy knew what his dogs were capable of and may have kept them for the purpose of hurting/killing people? Who knows, I'd say we will find out once it goes to trial.

ETA: 2: http://en.wikipedia.org/wiki/Manslaughter_(United_States_law)

Criminally negligent manslaughter

(...)

In many jurisdictions such as California, malice may be found if gross negligence amounts to willful or depraved indifference to human life. In such a case, the wrongdoer may be guilty of second degree murder.

This might explain it :) And I realize that wikipedia is not an awesome source :p

Edited June 1, 2013 by BlackJaq

[sandgrubber]

1370068283[/url]' post='6216707']

It's a bit like closing the stable door after the horse has bolted though.

Unfortunately, there are plenty of horses left in that stable. It's not unusual, around where inlive, to see a couple pitties chained in a yard and straining their chains to lunge at passers-by. Often there's a sign posted saying BAD DOG. (Could be other breeds too...but there are an awful lot of pit-types). I hope the owners of such dogs are getting a message.

p.s. On my dog walks, I regularly run into an 85 yr old who lives next door to a pair of such dogs. He says they attacked him once, and he told the owner: " if I ever see dem runnin loose agin. I'm goin to git my shotgun".

On the question of second degree murder vs manslaughter. I think manslaughter is pretty much kept for crimes of passion or stupidity. If you know your dogs can kill and you have been apprehended for dog attacks before, and you continue to willfully neglect to restrain them, then some judges will interpret it as second degree murder. Likewise, is increasingly common for drunk drivers who cause fatal accidents to be charged with murder.

Edited June 1, 2013 by sandgrubber

[bertie]

Thanks. Shared.

Hope it finally starts a trend for targeting the right end of the leash.