Thursday, July 20, 2000

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 -- When James Chiavetta is arraigned today on second-degree murder charges in a California courtroom, he faces the possibility of joining a handful of people in the country convicted on a murder charge where the weapon, essentially, is a dog.

Ten-year-old Cash Craig Carson was killed by a pit bull named Louise and a pit bull-chow mix named Bear — two dogs that a prosecutor says scared even their caretaker in an isolated desert area of Barstow, Calif.

“He intentionally let the dogs loose,” says prosecutor Steve Sinfield. “He knew they were dangerous. That’s why we want second-degree murder.”


Also facing arraignment today are the dogs’ owners, Michael Caldwell and Gilbert Garcia, who are charged with owning a dangerous animal causing death. If convicted, each could get up to three years in prison and fines up to $10,000. Chiavetta could get 15 years to life.

Sinfield is one of the first prosecutors in the state to use a law beefed up last year to allow more severe penalties when animals hurt or kill people.

Legislation With Teeth

The tougher laws and more aggressive enforcement are key elements to an effort by the Humane Society of the United States to combat dog fighting, which animal activists say is increasing across the nation.

“It’s getting worse and worse now,” says Veronique Chesser, founder and coordinator of Pit Bull Rescue Central, a Missouri-based clearinghouse for other North American rescue groups.

But while California’s law may be well intentioned, it’s resulted in a frenzy to prosecute even an average homeowner whose animal has never attacked in the past, says Ron Lewis, the Woodland Hills, Calif., attorney for Caldwell.

“This is a tragedy, not a crime,” says Lewis, explaining that 9-year-old Bear has no history of attacks or a single complaint from neighbors. “It’s totally out of character that this occurred.”

Lewis says there are reports that Cash, the nearest neighbor to the dogs, had in the past possibly tormented the animals with fire crackers and that the boy may have entered the gated yard where the dogs were on the day of the attack. The new California law, Lewis says, goes too far. “Everyone who owns a dog is potentially liable,” he said.

Dog Fighting Rising 

But the law is being praised by animal-rights activists who say fighting dogs are getting meaner and their numbers are growing with the increasing popularity of staged dog fights, which often result in the death of one or both dogs.

“I suspect the problem’s going to get worse,” says Eric Sakach, the director of the West Coast Regional Office for the Humane Society.

“You’re talking about miniature kegs of dynamite on four legs running around,” says Sakach, who also points out that pit bulls trained to fight other dogs almost never attack humans.

“But it’s a short leap for a dog to associate a small child with an animal,” says Sakach. “A child doesn’t stand a chance.”

That was the case when 10-year-old Cash and a 10-year-old friend approached a neighbor’s home April 29, hoping to get permission to use a nearby shack as a fort.

But before they reached the gate, the prosecutor says, the two dogs launched themselves onto Cash, who died later at the hospital.

Sinfield says the case qualifies for second-degree murder charges because Chiavetta knew how dangerous the dogs are, but still let them out, unleashed, and unlocked the gate.

Chiavetta was so scared of the dogs, Sinfield says, that he would keep the animals chained at feeding time, fill the dish with food and use a long stick to push the food toward the dogs. 

Nevertheless, Sinfield says the dogs’ owners told the caretaker the dogs should be allowed to run unleashed through the isolated neighborhood at night so they could get exercise.

Because Chiavetta let the dangerous dogs roam, he should be found guilty of second-degree murder, Sinfield says. The prosecutor acknowledges there is no indication Bear and Louise were raised for fighting, but he says they are simply mean dogs.

Discrepencies in Barstow 

Defense attorney Lewis adamantly disputes Sinfield’s accusations and says the real reason the case is coming up as a murder charge is because someone in the remote region’s office has political aspirations and wants to make a mark with the case.

The caretaker was afraid of the dogs only when he first started taking care of them more than a year ago, but has since become friends with them, Lewis says.

He also disputes statements from the 10-year-old witness that the gate was unlocked or that the boys never entered the yard. There are a number of other discrepancies in the case, he said, such as why the boy’s mother could not reach a 911 operator or why it took her and her boyfriend nearly an hour to get the boy to the hospital only 25 minutes away.

Since Cash was killed, Caldwell’s home in Barstow was burned to the ground in a suspicious fire and shots were fired at his home in Las Vegas, where he works at a Harley Davidson dealership, Lewis says.

PIT BULL DEFENDERS WANT YOU TO FOCUS ON "BLAMING THE DEED AND NOT THE BREED" - AS THE BODY COUNT RISES

Nearly across the board, animal activists say the pit bull breed has gotten a bad rap.

“It’s really sad, because pit bulls are really good dogs,” says Detective Chris Sanford of the Galt Police Department, a small suburb outside Sacramento that has seen a number of dog-fighting cases. “You can take any dog and turn it into a little terrorist. It’s all about the environment.”

The Humane Society and many animal rescue groups focus on trying to address the actions by the dog owners, not in regulating the dogs themselves.

“The problem with pit bulls is not that they’re vicious, they just fall into the wrong hands,” Chesser says. “These are people who shouldn’t even own a goldfish.”

On this point, Lewis agrees. “The court said it [a dog] is not inherently a deadly weapon. You have to do something to make a dog a deadly weapon.”

(ABC News - July 19, 2000)

Earlier:

Wednesday, May 3, 2000

California: Cash Carson, 10, mauled to death by neighbor's two Pit Bulls

CALIFORNIA -- A 10-year-old boy died after a mauling by two pit bull mixes, San Bernardino County sheriff's deputies said Monday.

Cash Carson and a friend were walking on a neighbor's dirt road Saturday afternoon to play at their fort when they saw the two dogs at an open gate.


"The two turned away, but the victim was quickly attacked from the back. . . . The playmate ran home," Sheriff Gary Penrod said.

Joe Blankenheim told KABC-TV Channel 7 that he kicked the dog on top of Carson and was almost attacked himself.

Blankenheim choked back tears as he described the boy's last question. "Cash said, 'Am I going to die?' " Blankenheim said.

The boy's family drove him to Barstow Community Hospital, where he was pronounced dead.

The victim's mother, Becky Carson, said she was never warned about how dangerous the dogs were.

The dogs were taken to a county shelter in Devore. The dogs' owner was not immediately arrested.


(Los Angeles Times - May 2, 2000)

Sunday, March 12, 2000

South Africa: Woman has both her arms and her right ear ripped off after being attacked by police officer's Pit Bulls

SOUTH AFRICA -- By Megan Powers

The sign on the gate says it all. Next to a drawing of a ferocious, salivating dog is the ominous warning: "I can make it to the gate in five seconds - can you?"

On Friday morning, Durban mother Janet Mngadi couldn't.

On Friday, two American pit bull terriers attacked Janet Mngadi, 40, after she entered her new employer's home in Amanzimtoti. 

While dragging her around the garden, the Pit Bulls nearly killed her. Both of her arms had to be amputated, she lost her right ear and sustained serious injuries to her left eye and cheek.

By the time paramedics arrived and tried to put up a drip, they discovered to their horror that no veins remained on either of the woman's arms. Mngadi's arms were amputated hours later.

"It was terribly gory," said paramedic Chris Botha. "She was in severe shock and had lost a lot of blood. But there was very little we could do on the scene because there was no place left to put in a drip."

Mngadi , is now fighting for her life in the intensive care unit at King Edward VIII Hospital. By late yesterday, she had not yet spoken and was still on a ventilator.

The distressed owner of the dogs, Amanzimtoti policeman Deon de Welzim, had to be sedated on Friday. His dogs, Zeus and Hera, were put down at the local vet the same day.

Mr De Welzim and his girlfriend, Michelle Charlton, live in a granny flat next to his sister Karen's house.

Charlton, the only witness to the attack, shoved her fingers into the mouth of one of the dogs and managed to contain it before it broke loose again and was joined by the other dog.

She was treated for injuries at Kingsway Hospital and was also too upset to speak yesterday.

BLAMING THE VICTIM
But Jonathan Thompson, a former employer of Ms Mngadi who got her the part-time job with the De Welzims a few weeks ago and who was at the house yesterday, agreed to speak on his friends' behalf.

"It's tragic what happened to Janet. But we don't know why she came on to the property on her own after we had warned her not to. In the environment we live in today, the dogs were just doing their jobs. It just got out of hand," said Thompson.

The 29-year-old, who used to live with Karen de Welzim, used to own one of the pit bulls but left him with Deon when he moved out. It was he who put the pair down.

"It wasn't easy. These dogs were like kids to Deon and we all loved them. But we agreed we could no longer have them around," said Thompson. "They were both well trained. This would never have happened if Deon had been at home.

"They're beautiful dogs and are regarded as the third most intelligent breed. But they're controversial and this attack will get extra attention because it involves pit bulls," he said.

Chris Jordan, De Welzim's current boyfriend, said: "One minute, we're so angry with the dogs. Then we feel angry that Janet didn't wait at the gate. All that really matters now is that Janet pulls through. Imagine having her death on our conscience."

Hey moron. If you didn't want anyone walking in the gate, PUT A LOCK ON IT!

A police spokesman said the matter was still under investigation.

Mngadi is married and has five children: Jabulani, 16; Zithulele, 21, and twins Nokubonga and Mabongi, 13, and Nobuhle, 10.

(IOL - March 11, 2000)

Thursday, March 9, 2000

Florida: Marta Pejouhy, 62, ordered to surrender her nearly 40 dogs

FLORIDA -- Even though Marta Pejouhy claims to love her 37 dogs, she cannot care for them properly, a Palm Beach County judge ruled in granting the city's request to gain custody of the animals.

The dogs were living alongside rats in a house rank with feces, urine and garbage, according to court documents. The pets were seized Jan. 22 during the execution of a search warrant at Pejouhy's home on Southeast 28th Avenue.

County Judge Susan Lubitz agreed with city officials that the conditions in the house were deplorable and found that Pejouhy, 62, is "unfit or unable to adequately provide for the animals."

Palm Beach County Animal Control officials said all the dogs are healthy enough to be put up for adoption. But first they must be sterilized, and officials are not prepared to start processing the dogs for adoption yet.

Pejouhy's attorney said Tuesday that he is trying to stop that process and get 10 of the dogs back for his client. Bert Shapero, who is representing Pejouhy, filed a motion on Wednesday asking Lubitz to reconsider her decision and impose a stay on any adoption proceedings.

Shapero said the conditions in Pejouhy's home might have been deemed unlivable for animal control officers, but the conditions were fine for animals, her primary interest.

"What we may not consider suitable for humans may be sufficient as far as dogs are concerned," Shapero said. "I haven't talked to a dog for a long time, so I don't know whether the dogs thought they were livable or not."

In her order, Lubitz noted that Pejouhy had taken measures to clean up her home, but said the only reason Pejouhy took those measures was because her dogs were seized.

The dogs seized were 12 retrievers, seven terriers, five hounds, four pit bulls, three German shepherds, and dogs of six other breeds.

Several were treated for minor medical conditions, said Liz Roehrich, animal control officer for Boynton Beach.

Many of the dogs were confined to crates that were too small or had been leashed to a chair. Others were chained to trees in the front yard, according to court documents. The yard was covered with feces, dirty food bowls, open bags of dog food and dead rats.

A veterinarian who assessed the dogs after they were seized said they appeared to be well-fed, but they had minor medical conditions such as eye and ear infections, hair loss, fly-bitten ears and open sores.

Pejouhy told animal control officers that she understood the situation was out of control, but that "at least [the dogs] are not at the pound being killed," according to court documents.

Animal control officers think Pejouhy finds stray dogs and keeps them in her home without notifying authorities, as required by state law.

"The bottom line is there were good intentions on her part, but they were very misguided," Roehrich said. "She would not relinquish these dogs. To keep them in those conditions was better than the alternative to her."

Lubitz denied the city's motion to require Pejouhy to pay for the costs associated with caring for her dogs since Jan. 22, which so far total more than $10,000.

Pejouhy owes fines in excess of $10,000 as a result of a lien on her property, city officials said. She has been fined $25 a day since Jan. 18, 1999, for failing to maintain her property.

(Sun Sentinel - March 9, 2000)

Earlier:

Friday, February 25, 2000

Virginia: Family's German Shepherd Killed Boy, Exam Reveals

VIRGINIA -- Eight-year-old Daryl Sanders was mauled to death by his family's German shepherd, a state medical examiner in Norfolk has ruled.

The Medical Examiner's Office released preliminary autopsy results to Hampton police Wednesday, said Sgt. Jeff Walden, police spokesman.

"The examination showed that all injuries sustained by Sanders are consistent with that of the German shepherd, P.J.," Walden said.


Officials from the forensic lab for the eastern region wouldn't comment on specifics of the examination and referred questions to Hampton police. Walden didn't provide further details, such as the number of wounds, their location on the boy's body or which ones likely caused Daryl's death.

He said the department had concluded its investigation now that detectives knew the boy died as a result of the dog attack.

"The medical examiner ruled the official cause of death as mauling by dog," Walden said.

Because Daryl never showed up for school Friday, police think that the attack happened that morning. Daryl Sanders was a second-grader at Tarrant Elementary School.

Two siblings found P.J. standing over Daryl's body shortly after they returned home from school, police said.

Police, paramedics and animal-control officers found the dog chained in the back yard about 30 feet from the family's home.


One animal-control officer described the dog's behavior as "docile and calm - not what you'd expect from a dog that just killed someone."

Eugene Falls, director of the Peninsula Society for the Prevention of Cruelty to Animals in Newport News, said officers picked up P.J. three times last year for running loose.

Two other boys alleged that the same dog attacked them in a Newport News schoolyard in September 1998.

(Daily Press - Feb 24, 2000)

Earlier:

Wednesday, February 23, 2000

Virginia: German Shepherd Blamed In Child's Death Had Attacked Another Child in 1998

VIRGINIA -- There were moments when young Steve Fitchett wondered whether he would escape the German shepherd's jaws. It seemed like the harder he kicked, the deeper the dog's teeth sank into his flesh.

Three days after 8-year-old Daryl Sanders was found mauled to death behind his home on Jamestown Avenue, Steve recounted his battle with the same dog in a Newport News neighborhood.

One day in September 1998, Steve, then 10, and five friends were strolling across the playground at Washington Middle School. Steve and the others thought the dog, P.J., was chained under the neighbor's porch - until he started chasing them.

Steve ran to the monkey bars. The German shepherd caught his left leg before he could climb the first beam. "He was yanking at my leg," the boy said.


Steve needed 14 stitches after the attack. He has four scars on his left leg, one on his back and one on his left side. When he learned about Daryl's death from a dog attack, Steve sobbed.

Linda Fitchett blames the dog's owner, Annette Sanders, for her son's injuries; a few months later she filed a civil claim in Newport News court against the woman, seeking $3,000.

The Fitchetts have not received a dime from their former neighbor, who was evicted from 1213 36th Street a few weeks after the attack.

"She signed a year's lease. I think I had to evict her about the third month for non-payment of rent," Ernest Carter, the landlord, said Monday. Carter's lease did not allow pets.

P.J. is no stranger at the SPCA shelter in Newport News, where the dog has been quarantined since two of Daryl's sisters found the boy's body after school Friday.

Animal control officers answered three complaints last year from residents in the 1100 block of 27th Street in Newport News, where Annette Sanders' mother lived. In each case, according to Peninsula SPCA director Eugene Falls, the officers found the German shepherd running loose.

An officer who handled the first complaint on Jan. 16, 1999, cited the owner for not having a city dog license and impounded the dog.

SPCA records showed that Annette Sanders on two occasions reclaimed the dog from the SPCA after 10 days, and paid a $75 pound fee. On the other occasion, Falls said, she picked up the dog after four days.

Falls described the German shepherd's demeanor as "unpredictable."

"I think he has a mental problem because of his weird temperament. When one person walks by his cage the dog is fine. The next person the dog tries to eat up," Falls said.

A 3-year-old German shepherd should weigh around 80 pounds, Falls said. "This one is about 20 below that."

He said the dog would be destroyed today and the remains delivered to the state medical examiner's office in Norfolk.

A medical examiner will compare Daryl's wounds with teeth impressions from the dog.

Hampton police have not released the results of an autopsy on Daryl, but a source close to the case said Monday the internal injuries "were serious enough to cause death."

One of the wounds punctured a lung.


"I checked with the people in Norfolk and Virginia Beach; this was the first known fatal dog attack in at least 30 years," said Falls, who has been director of the Peninsula SPCA for 27 years.

Nationally, the SPCA last year documented 12 fatal dog attacks out of 4 million cases.

"Probably 80 percent of the dog bites are not documented," Falls said.

(Daily Press - Feb 22, 2000)

Earlier:

Sunday, February 20, 2000

Virginia: Chained German Shepherd mauls eight-year-old boy to death

VIRGINIA -- An 8-year-old boy was killed in a savage attack by the family dog Friday.

After the attack, the dog - a German shepherd named "P.J." - stood over the body of Daryl Sanders, snarling at several siblings as they pleaded for their brother to wake up.

Sanders lived with his mother and sisters in a brown duplex at 2323 Jamestown Avenue in Hampton, Virginia.

Sgt. Jeff Walden, a Hampton police spokesman, said one of the victim's sisters told a 911 operator at 3:43 p.m. that she found her brother dead in the back yard.


Richard Clark, a Hampton physician who examined the body, said he found multiple wounds "all over the body." He guessed the boy had been dead several hours. An autopsy will determine more precisely when the attack occurred and the cause of death.

Louis I. Hicks lives two doors from the Sanders. Hicks, a welder, was returning home from work when he heard two girls trying to rouse a young boy on the damp, cold ground.

Hicks said one of the girls appeared to be about 10 years old. "She was calling, 'D, get up! D, get up! Get up!' " the neighbor said. "D" was Daryl's nickname.

Hicks glanced across the wire fence from his porch and saw the boy on the ground, and a growling German shepherd standing over the body. Hicks said the girls appeared terrified.

Hicks recognized the dog as belonging to the boy's family.

As Hicks crossed into the yard, he saw a neighbor on the opposite side moving toward the dog.

"He was holding a tree limb and was hitting the dog across the back with it," Hicks said.

Hicks said he waited for the dog to move, then raced to the spot and lifted the body.

Hicks said he could see teeth marks in the boy's neck, rip marks on the back of his shirt and noticed a shoe was missing.

His wife, Sharon Hicks, said minutes later the boy's mother pulled her car into the driveway. She said the mother picked up the boy and cradled him in her arms.

After police and emergency workers gathered at the scene, the mother - Annette Sanders (Annette Brown Sanders) - stood on her front porch.

Sanders raised three fingers when asked the age of the dog. She also gave its name: "P.J."


After the body was taken away, two officers from the Society for the Prevention of Cruelty to Animals snared the dog and locked it in the back of a vehicle.

"He was calm, not aggressive at all," said SPCA officer Ron Chavers.

The German shepherd will be quarantined, Chavers said, "until the court decides his fate."

Police believe the boy might have been attacked shortly after he left his house to board a school bus for Tarrant Elementary School off Aberdeen Road.

It was not immediately known why the boy's body was not discovered earlier in the day.

"The little boy must have gone out to feed the dog or play with him before school," Louis Hicks said.

(Daily Press - Feb 19, 2000)