California pit bull owner charged with murder in fatal mauling

[Marcus Aurelius]

http://www.foxnews.com/us/2013/05/31/california-pit-bull-owner-charged-with-murder-in-fatal-mauling/


The owner of four pit bulls that killed a woman jogger in a gruesome mauling was charged with murder Thursday in a highly unusual case that strained the memories of law enforcement officials to find comparable uses of the felony murder law. Alex Jackson, 29, was charged after DNA tests on his dogs found blood on their muzzles and coats that matched that of Pamela Devitt, 63, who died after being bitten 150 to 200 times by his four pit bulls.



Her husband told KCAL-TV he blamed the dogs' owner for what happened.
"I do not blame the dogs. I don't blame pit bulls," Ben Devitt said. "I blame people who don't take responsibility for their animals."


Even in his grief, he understands that it isn't the animal in most cases, it's the owner. The guy 2 doors down who cuts my lawn has a pit bull. Sweetest, most affectionate, most playful dog I know. Loves everyone, because she is loved and properly trained and managed by her owners. It's a shame the breed gets the bad rap it does, but it's the owners in most cases, not the dog itself, who is to blame.

[Noir]

I don't think murder is the right charge, as that implies that the owner planned the mauling and subsequent death.
Though i do agree its the owners responsibility.

[Thunderknuckles]

I don't think murder is the right charge, as that implies that the owner planned the mauling and subsequent death.
Though i do agree its the owners responsibility.
Bingo! Completely agree. Don't know how any prosecution could prove such a thing. The only thing I think you can get this guy on is some sort of negligence charge considering his dogs managed to leave the confines of their home.

[Marcus Aurelius]

I don't think murder is the right charge, as that implies that the owner planned the mauling and subsequent death.
Though i do agree its the owners responsibility.

Depends on the degree attached to the murder charge. 1st, 2nd, etc. The example of the previous case was 2nd degree for the woman and manslaughter for the husband.

[jimnyc]

Oh man, that's a tough charge to make stick. I DETEST people that turn pit bulls into monsters. But I think they would be better off with involuntary manslaughter charges at most.

[fj1200]

I don't think murder is the right charge, as that implies that the owner planned the mauling and subsequent death.
Though i do agree its the owners responsibility.

I don't think it implies that at all:


The rule of felony murder (http://en.wikipedia.org/wiki/Felony_murder_rule) is a legal doctrine (http://en.wikipedia.org/wiki/Doctrine) in some common law (http://en.wikipedia.org/wiki/Common_law) jurisdictions (http://en.wikipedia.org/wiki/Jurisdiction_(area)) that broadens the crime of murder (http://en.wikipedia.org/wiki/Murder) in two ways. First, when an offender kills accidentally or without specific intent to kill in the commission of a felony, the offender can be charged with murder. Second, it makes any participant in such a felony criminally liable for any deaths that occur during or in furtherance of that felony.

Not that proving the charge will be easy.

[fj1200]

Oh man, that's a tough charge to make stick. I DETEST people that turn pit bulls into monsters. But I think they would be better off with involuntary manslaughter charges at most.

Shouldn't we consider the deterrence effect?

[aboutime]

If the Pit Bull was Off a leash as the laws may state. And the animal was not under the control of the owner at the time of the attack. The Owner....Trainer of the Known, Dangerous animal is Responsible for the outcome.

Manslaughter seems to be a more just charge. Depending on how the owner trained the animal to behave.

[Noir]

I don't think it implies that at all:

Not that proving the charge will be easy.

Fairplay, tis a difference between the States and the UK. Here murder is only defined as being premeditated/intended, with any other killing being manslaughter.

[jimnyc]

Fairplay, tis a difference between the States and the UK. Here murder is only defined as being premeditated/intended, with any other killing being manslaughter.

Here are the varying degrees in the States:



First degree murder is any murder that is willful and premeditated. Felony murder (http://en.wikipedia.org/wiki/Felony_murder_rule) is typically first degree.[5] (http://en.wikipedia.org/wiki/Murder_%28United_States_law%29#cite_note-5)



Second degree murder is a murder that is not premeditated or planned in advance.[6] (http://en.wikipedia.org/wiki/Murder_%28United_States_law%29#cite_note-6)



Voluntary manslaughter (often referred to as third degree murder) sometimes called a "Heat of Passion" murder, is any intentional killing that involved no prior intent to kill, and which was committed under such circumstances that would "cause a reasonable person to become emotionally or mentally disturbed." Both this and second degree murder are committed on the spot, but the two differ in the magnitude of the circumstances surrounding the crime. For example, a bar fight that results in death would ordinarily constitute second degree murder. If that same bar fight stemmed from a discovery of infidelity, however, it may be mitigated to voluntary manslaughter.[7] (http://en.wikipedia.org/wiki/Murder_%28United_States_law%29#cite_note-7)

Involuntary manslaughter stems from a lack of intention to cause death but involving an intentional, or negligent, act leading to death. A drunk driving-related death is typically involuntary manslaughter. Note that the "unintentional" element here refers to the lack of intent to bring about the death. All three crimes above feature an intent to kill, whereas involuntary manslaughter is "unintentional," because the killer did not intend for a death to result from their intentional actions. If there is a presence of intention it relates only to the intent to cause a violent act which brings about the death, but not an intention to bring about the death itself.

http://en.wikipedia.org/wiki/Murder_%28United_States_law%29#Degrees_of_murder_i n_the_United_States

[fj1200]

Fairplay, tis a difference between the States and the UK. Here murder is only defined as being premeditated/intended, with any other killing being manslaughter.

We're probably not too much different but iirc in felony murder you can be charged with murder while committing a felony when the killing was unintentional. I'm not sure FL law on that or what the other felony might be though so it does seem a bit out there.

[jimnyc]

Shouldn't we consider the deterrence effect?

Of course. I just meant that I thought they would have difficulty in proving murder, even if not planned. While definitely very, very reckless, I don't see any design to kill. I would hate to see someone get completely off because a jury agreed with that, or even some of them. I think they would have a much easier case with the manslaughter.

Too lazy to go back and look...

Did these dogs escape? Were they just allowed to roam? I know it's the responsibility of the owners to ensure the dogs are leashed and secured, but what if the dogs literally dug a hole and escaped outside of their knowledge? I still think they would bear responsibility, cause it DID happen, but some of these factors might change what they can prove.

[fj1200]

Of course. I just meant that I thought they would have difficulty in proving murder, even if not planned. While definitely very, very reckless, I don't see any design to kill. I would hate to see someone get completely off because a jury agreed with that, or even some of them. I think they would have a much easier case with the manslaughter.

Too lazy to go back and look...

Did these dogs escape? Were they just allowed to roam? I know it's the responsibility of the owners to ensure the dogs are leashed and secured, but what if the dogs literally dug a hole and escaped outside of their knowledge? I still think they would bear responsibility, cause it DID happen, but some of these factors might change what they can prove.

Not sure of those details but this was the result of a 2001 CA case from the story:


Marjorie Knoller received a 15-years-to-life sentence after a jury found her guilty of second-degree murder. In rejecting her appeal, the California Supreme Court ruled that Knoller acted with a conscious disregard for human life when her 140-pound Presa Canario escaped and killed Diane Whipple in an apartment building hallway.Knoller's husband, Noel, was convicted of involuntary manslaughter.


Read more: http://www.foxnews.com/us/2013/05/31/california-pit-bull-owner-charged-with-murder-in-fatal-mauling/#ixzz2UuAdvWOT

[jimnyc]

I remember that case very well! At least now that you jogged my memory. You're right then, depending on the specifics of this case, there is precedent that isn't on their side!

[BillyBob]

Pit-bulls seem to be a bit problematic but there is definitely a consortium of folks against them. Looking around I see a lot of websites which are there to basically malign the breed.

Here are some stats from one such site:


http://1.bp.blogspot.com/-DGM-f36xD54/UJSe-DIg6nI/AAAAAAAAA5g/TkkO4WUKwxg/s400/attack-stats-20121028.jpg



Hard to say how accurate those stats are, I'm finding different ones at every site. On the bright side, Pugs are one of the least likely breeds to kill someone:




At the low end of the scale, statistically safe breeds - which accounted for 1 death or less over the 30 year period - include: Anatolian Shepherd, Pug, Greyhound, Great Pyrenees, and Weimaraner.




http://17barks.blogspot.com/2012/11/dog-attacks-by-breed-november-2012.html





Disclaimer: I own 5 Pugs, 1 pit mix and 1 Pitbull who all live happily together. Although she loves people, the Pit will absolutely fight unfamiliar dogs if provoked. [we found her close to dying on the side of the road 4 years ago, she's a great dog]

[SassyLady]

I wonder when they will start charging parents with murder because of the way they raised their children who become killers?

I believe the owner is responsible for his dogs and should be held accountable to some degree.

[Jeff]

Pit-bulls seem to be a bit problematic but there is definitely a consortium of folks against them. Looking around I see a lot of websites which are there to basically malign the breed.

Here are some stats from one such site:


http://1.bp.blogspot.com/-DGM-f36xD54/UJSe-DIg6nI/AAAAAAAAA5g/TkkO4WUKwxg/s400/attack-stats-20121028.jpg



Hard to say how accurate those stats are, I'm finding different ones at every site. On the bright side, Pugs are one of the least likely breeds to kill someone:




At the low end of the scale, statistically safe breeds - which accounted for 1 death or less over the 30 year period - include: Anatolian Shepherd, Pug, Greyhound, Great Pyrenees, and Weimaraner.




http://17barks.blogspot.com/2012/11/dog-attacks-by-breed-november-2012.html





Disclaimer: I own 5 Pugs, 1 pit mix and 1 Pitbull who all live happily together. Although she loves people, the Pit will absolutely fight unfamiliar dogs if provoked. [we found her close to dying on the side of the road 4 years ago, she's a great dog]



I have breed Rotts and now own a pit well a bully actually ( it is a larger version of the average pit ) I must admit that before I bought my present dog I had a lot of reservations about it due to there reputation but after much research I found the Pit Bull was raised to hunt with and to never bite the human hand because when they where on the prey you had to pull them off , then came the Bully a much bigger and stronger version mostly raised fight they also where taught never to bite the human hand because in the ring the pit had a human handler , it is these wannabe gangsters that have made these dogs get the rep they have , I saw one the other day the owner told me he was exercising him , he was pulling concrete blocks behind him all day , the owner would force him to pull them to build muscle . Honestly I think most of the people doing this to these dogs are trying to make up for there own weakness

My pup is 6 months old now and solid muscle ( and is the laziest dog I have ever seen , so I have no idea where the muscle comes from ) but they say these Bully dogs grow tall for about 7 months and then just put weight on until they are about 2 years old, her Father was a show dog he weighed 90 lbs and never even growled at a human , my pup is actually shy , when meeting new people she gets between my legs ( makes me real proud of my big tough pit :laugh:) but seriously she has never shown even a little aggression towards anyone the only time she plays ruff is with the other dogs I have , I cant even get her to wrestle with me she would rather lick my face ( and that's nasty )

I cant stand to see these dogs get a bad wrap and hate the people that made them that way even more