Harry R. McDaniel, 64, appeared before Bay County Circuit Judge Harry P. Gill around 2 p.m. Tuesday and pleaded guilty to one count of owning a dangerous animal causing serious injury, a four-year felony.
 |
| Cameron Everette, left, 8, of Bay City, heads back to class after having lunch at Washington Elementary School in Bay City. Everette was a victim of a pit bull attack on Tuesday January 4th while walking home from a friend's house. |
The plea deal stipulates that if McDaniel completes two years of probation, he will be allowed to withdraw his plea and plead guilty to a 90-day misdemeanor count of owning a dangerous animal causing injury.
Jury selection in McDaniel’s trial was to begin at 1 p.m. Prosecutors made the plea offer around 1:20 p.m., said defense attorney Edward M. Czuprynski.
On the evening of Jan. 4, 8-year-old Cameron P. Everett was walking home from a friend’s house in the 300 block of Jennison Street on Bay City’s South End. McDaniel was nearby walking his dog, Big Boy, on a leash.
CRETIN EDWARD CZUPRYNSKI BLAMES THE CHILD FOR NEARLY BEING KILLED BY HARRY MCDANIEL'S PIT BULL
At some point, McDaniel slipped on ice and fell, prompting Cameron to rush to help him, Czuprynski said.
“The dog took a defensive poise, he barks a warning, the kid keeps running and he bites,” Czuprynski said.
McDaniel “had the wind knocked out of him. He couldn’t shout, ‘Stay away. Stay away.’ The dog was protecting his master.”
State law says an animal is not considered dangerous if that animal “is responding in a manner that an ordinary and reasonable person would conclude was designed to protect a person if that person is engaged in a lawful activity or is the subject of an assault.”
Czuprynski said he planned on focusing his defense on this stipulation and that Big Boy acted naturally given the circumstances.
Big Boy rendered a wound on Cameron’s left leg that required surgery and 100 stitches to mend.
In getting to his feet, McDaniel punched the pit bull until it released the boy.
McDaniel then took the dog to his house, locked it in his basement and called Bay County Animal Control. Upon their arrival, he asked for the dog to be euthanized.
“Harry felt terrible for what happened to the child,” Czuprynski said. “He felt terrible about losing his dog. Big Boy was a good dog to him.”
HARRY MCDANIEL'S PIT BULL HAD KILLED BEFORE
Bay County Assistant Prosecutor Jordan E. Case said earlier Tuesday he planned on showing Big Boy had a propensity for violence that McDaniel was aware of.
He said he expected Cameron’s mother, Kim Nadolny to testify she saw Big Boy attack and kill a neighborhood dog.
On Feb. 21 and April 6, 2010, Bay County Animal Control responded to problems with Big Boy, Case said.
“He bit another dog,” McDaniel said, adding neighborhood kids taunted Big Boy into attacking the other canine. “That dog also bit him off to the side a little bit.”
Bay County Prosecutor Kurt C. Asbury has said Big Boy’s violent tendencies induced his office to file charges against McDaniel.
 |
| Harry R. McDaniel speaks to reporters after the plea |
“This case was always about holding a dog owner responsible for allowing a dangerous animal to be in the public without taking the necessary precautions,” Asbury said Tuesday.
“He knew this animal had attacked and bitten other dogs before. It was his responsibility to make sure when he exposed his dog to the public that every precaution should have been taken, and that includes leashing and muzzling the dog.”
He added the plea was a fair and just resolution for all involved in the case.
Cameron’s mother, Kimberly Nadolny, previously described McDaniel as a good neighbor and said she did not believe he deserved criminal prosecution.
“I’m happy about it,” she said of the plea. “I didn’t want him to do no jail time.”
Though McDaniel is free on bond, Nadolny said she hasn’t spoken with him since the attack.
Nadolny added her son has recuperated.
“He’s doing great,” she said. “He’s walking fine now. Everything is good now beside the scars.”
CAREER CRIMINAL
If McDaniel had proceeded to trial and been convicted, he would have faced up to 15 years in prison. The penalty would have been increased due to McDaniel having prior felony convictions for armed robbery, resisting or obstructing police and possession of cocaine, Asbury said. As part of his plea deal, prosecutors agreed not to seek a habitual offender sentencing enhancement.
“Harry is very relieved,” Czuprynski said. “He was afraid of going to prison. The stakes were too high to roll the dice” by going to trial.
Gill is set to sentence McDaniel at 1:30 p.m. on July 18.
(The Bay City Times - May 24, 2011)
Read More:
No comments:
New comments are not allowed.