Barstow Superior Court Judge James Dorr ordered Michael Dean Caldwell, 40, of Las Vegas serve five years supervised felony probation for owning a dog trained to attack.
He and co-defendant Gilbert Garcia owned the two pit bull mixed-breed dogs that killed 10-year-old Cash Carson.
Cash died on April 29, 2000, after caretaker James Chiavetta unchained one of the dogs he was paid to care for and let it run loose on in the yard at the 36600 block of Newberry Road — property owned by Caldwell and Garcia .
Chiavetta, 54, was implicated in the death because Garcia and Caldwell hired him to live on the property and care for the dogs. A jury convicted him of involuntary manslaughter. He was sentenced to a four-year prison term in May 2001.
Chiavetta died of heart disease a year later at Riverside County Regional Medical Center.
Caldwell pleaded no contest to the charge as part of a plea agreement with the district attorney’s office.
Supervising Deputy District Attorney Gary Roth said he was forced to strike a deal when Chiavetta died.
“The death of Mr. Chiavetta eliminated a essential part of our case,” Roth said. “That is why we had to resolve the case short of trial.”
Caldwell told probation officials Cash’s death will always haunt him.
“This burden will be on me the rest of my life,” he told Probation Officer Pete Bockman, according to Bockman’s report. Bockman wrote, “He feels like this incident in question was a tragic accident that has ‘ruined (their) lives.’”
Caldwell told probation officials that he instructed Chiavetta to keep the dogs chained and behind the fence because the animals were not neutered.
“This officer cannot accept Mr. Caldwell’s explanation,” Bockman wrote in his report. “There are conflicting statements as to the degree to which Mr. Caldwell understood how dangerous the dogs might be and to the degree to which he is responsible for their conduct.”
Bockman’s report contends Caldwell had some idea that these dogs could harm others.
“It is felt, based on all the information available, Mr. Caldwell knew the dogs were potentially dangerous and that is the reason he had instructed Mr. Chiavetta to see the dog (Bear) was chained and that he supervised the dog whenever the dog was allowed off the chain,” according to Bockman’s report.
The probation officer noted that Caldwell has no prior criminal record and did not intend for the dogs to hurt anyone.
“Despite the tragic nature of this case, and the above information regarding the defendant, it is felt the plea bargain agreement is appropriate,” according to Bockman’s report.
During his interview with probation officials, Caldwell admitted to occasionally using marijuana.
His lawyer, Ronald Lewis requested his client not be forced to submit to drug testing as a term of probation.
“There was no use of drugs involved in this matter,” Lewis told the court.
Supervising Deputy District Attorney Gary Roth said since Caldwell admitting using marijuana, drug testing should be a term of probation.
Dorr agreed.
“It is appropriate to control drug usage even if it is seldom,” Dorr said.
Probation terms include paying $6,515 plus 10 percent for victim restitution, serving 60 hours of community service, refraining from owning dogs and meeting with a probation officer every two weeks, according to Bockman’s report.
The dogs, named Bear and Louise, have since been destroyed, according to probation officials.
Co-defendant Gilbert Garcia is slated to appear in court next month.
Garcia was recently injured in a motorcycle accident and unable to come to court.
Note: In December 2002, it appears that Michael Carson, Cash's dad, was awarded a judgment of $750,000 against the Pit Bull's owners Michael Caldwell and Gilbert Garcia.
(Desert Dispatch - November 16, 2002)
Earlier:
- California: Cash Carson, 10, mauled to death by neighbor's two Pit Bulls
- California: James Chiavetta charged with Murder after two Pit Bulls he was taking care of were turned loose and mauled a child to death
- California: Barstow trial opens in boy's death; Pit bulls fatally mauled Cash Carson, 10. The dogs' caretaker James Chiavetta is charged with second-degree murder.
- California: James Chiavetta given maximum sentence after his two Pit Bulls mauled a ten-year-old boy to death
- California: James Chiavetta, 54, Gets 4 Years in Fatal Pit Bull Mauling of Child
