Back in July, Noberto Legarda, 83, was mauled and killed by three pit bulls in the backyard of a home on the 1500 block of Eddy. After the Pecos Police Department reviewed evidence from the scene and the autopsy report, they decided not to file charges against the owner of the pit bulls.
Pecos Police Chief Clay D. McKinney, said, "I went and looked at the pen, the pen was very secure. It wasn't a poorly built structure, it was a very well built chain link fence that the dogs got out of. So, to me, it would be hard to prove criminal negligence on the dog owner that the dogs did get out of the pen."
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| He was at his daughter's house to feed her Labrador when he was attacked and mauled to death by the pit bulls |
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| The owner of the pit bulls, Oscar Rodriguez, lives right next door to Legardo's daughter's home |
The autopsy report stated that medical examiners found multiple puncture wounds and soft tissue lacerations. The cause of death was due to an excessive loss of blood as a result of the mauling. But even with a death involved, Pecos Police are not filing charges.
"By the evidence and the facts, if the evidence is there in that case, we'll file charges. If it's not, we won't. I think it would be ethically and morally wrong to put someone in jail just because it's a popular thing to do knowing that we could not successfully prosecute the individual," said McKinney.
The owner of the three dogs may be off the hook but the family isn't very happy with the decision.
NewsWest 9 reached out to the family of Legarda but they did not want to comment on camera.
They did say that they are shocked that charges aren't being filed and they just want the justice system to work.
"This is such a tragic event. The family are very good people here in Pecos and have been in Pecos for many years. You get to know those people and it's a small town, so you get to know everybody but it's just a bad deal," said McKinney.
(NewsWest9 - Aug 21, 2015)
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