Wednesday, May 5, 2010

Millcreek man pleads guilty in September dog attack

OHIO -- A Millcreek Township man pleaded guilty Monday in Erie County Court to charges stemming from a dog attack that left his 3-year-old niece with severe injuries.

Matthew J. Havern, 26, pleaded guilty to charges of dog attack causing serious injury, failing to register a dangerous dog, failure to maintain liability insurance for a dangerous dog, and failure to obtain a rabies shot and a license for his dog.

In exchange for his plea, the Erie County District Attorney's Office dropped charges of reckless endangerment, tampering with evidence and a misdemeanor dog attack count.

The dog, a pit bull mix named Graham, had attacked another toddler in 2006, causing similar injuries.

It was euthanized after the most recent attack, which occurred when it attacked Havern's niece, Alorah Havern, in September.

Matthew Havern's lawyer, David Ridge, explained his client's decision to plead guilty rather than seek a trial.

"His concern from the very beginning has been for the child. That is why he is taking responsibility," Ridge said.

Judge Ernest J. DiSantis Jr. accepted the plea. He scheduled sentencing for June 28.

The charges carry a maximum possible sentence of up to seven years in prison and a $50,600 fine.

The dog attacked Alorah Havern on Sept. 16 at the Millcreek Township residence Matthew Havern shared with his mother, Debbie Havern.

Debbie Havern, Alorah Havern's grandmother, was baby-sitting the child at the time.

The girl suffered a fractured skull and required more than 300 stitches to close her wounds, her mother, Julie Havern, has said. Alorah Havern also lost many teeth and had numerous bones in her face shattered.

She was treated at University of Pittsburgh Medical Center, where doctors told her family the child would likely be permanently scarred and blind in one eye.

The dog had inflicted similar injuries to the 4-year-old daughter of Matthew Havern's girlfriend in November 2006 in Wesleyville.

After that attack, Matthew Havern was charged with failure to confine his dog and owning a dog that caused serious injury or death. He pleaded guilty to both charges.

The state also declared his dog a "dangerous dog."

Under the state's dangerous dog law, Havern was required to install an enclosure that includes a secure top and walls that extend 2 feet into the ground; carry a $50,000 liability insurance policy; annually register the dog as a dangerous dog; and post signs around the home that indicate a dangerous dog lives there.

Instead of complying with that law, police said, Matthew Havern falsely told a state dog warden that he no longer owned the dog.

(GoErie - May 4, 2010)