Oklahoma: Juan Marcos Diaz, 45, charged with manslaughter after his pit bulls killed Edgar Brown

OKLAHOMA -- An Oklahoma City dog owner is facing a second-degree manslaughter charge after his five dogs fatally attacked a 60-year-old man.

Juan Marcos Diaz, 45, was charged Wednesday in Oklahoma County District Court. Prosecutors say Diaz is culpable for the death because he failed to keep the animals confined.

Edgar Brown was attacked Oct. 6 in the backyard at 2209 SW 38 while simply taking out the trash. Diaz's backyard is directly north and a chain-link fence separates the two properties, police reported.

The five dogs got into the neighboring property through a space under the fence, an Oklahoma City police detective reported in a court affidavit. Records described each dog as a “pit bull mix.”

 

Diaz said two of his dogs had been secured so they could not roam his entire backyard, but they managed to break free, according to the affidavit.

Diaz said the other dogs were allowed to roam the backyard since they were smaller, the detective reported.

“They had him on the ground on the back of his neck the other four had both arms and leg and he was screaming 'Help! Help!',” his brother Dexter Brown said.

Brown suffered numerous bites on both arms and legs. Some injuries were severe enough that muscle and bones were visible, police reported.

While in the hospital, an infection set in and BOTH OF HIS LEGS AND PART OF HIS ARM HAD TO BE AMPUTATED. 

 

 

He also suffered a heart attack which required triple-bypass surgery. This was all too much for his body to recover from. He never got to go back home. Brown died Oct. 18 while still hospitalized.

The victim's brother, Dexter Brown, filed a negligence lawsuit against Diaz in April.

The lawsuit says Diaz “failed in his duty to keep his vicious, fierce and/or dangerous dogs from assaulting Edgar Brown.”

Dexter Brown's attorney, Noble McIntyre, said the lawsuit isn't about money but about sending a message.

“Sometimes cases are about collectibility and sometimes cases are about accountability, and this is one that's about accountability,” McIntyre said Friday.

“There's no money in this for me. ... There won't ever be any money. There's no insurance policy.

“At some point, you have to hold these people accountable and send a message to the community as a whole that you're not going to be able to hide behind the fact that you don't have an insurance policy. You still are responsible,” McIntyre said.

Edgar Brown

“I'm going to go forward with the lawsuit for one purpose: to get a great big verdict, even though it's not collectible, to send a message ... to other dog owners.”

McIntyre said each dog was euthanized.

The maximum punishment for second-degree manslaughter is four years in prison.

(NewsOK - Aug 27, 2016)

Earlier:

• Oklahoma City Man Dies After Being Mauled By Five Pit Bulls
• Oklahoma: Police issue 2nd degree manslaughter charge against Juan Diaz after deadly pit bull attack