Pit bull kills 11-year-old Killeen boy

[Yonivore]

07:36 AM CST on Wednesday, November 7, 2007

Associated Press (http://www.kvue.com/news/top/stories/110707kvuepitbull-eh.1e8411b74.html)


KILLEEN -- Killeen police say an eleven-year-old boy has died after being bitten on the neck by his family's pit bull.

Authorities say the dog jumped from the couch -- and went for Seth Lovitt -- when the boy was running through his home with his little brother last night.

The dog knocked Seth to the ground and bit him.

The victim's grandmother and mother restrained the dog and called 911.

Seth was pronounced dead about two hours later at Darnall Army Medical Center.

The dog has been quarantined.
In addition, I heard a radio report this morning where a neighbor claimed the dog had bitten her last week.

So, in light of alll that we know about this breed of dog; and, in light of all the time we've heard "Fido had never exhibited any aggression toward the child before;" and, in light of the new State law that holds pet owners criminally liable for the serious injury or death caused by their pet; should the parents of this child be charged with a crime?

I say, yes.

[Yonivore]

damn judge dredd
Damn idiot parents.

[clambake]

charged with a crime? what do you have in mind? willful negligence?

[Yonivore]

charged with a crime? what do you have in mind? willful negligence?
I think the charge, related to the new State law, is something akin to Criminally negligent homicide.

The thing that may prevent the parents from being charged, under the new law, is I believe the dog would have had to done the attack off the owner's property.

[clambake]

texas has a new state law directly associated with these events?

[Yonivore]

texas has a new state law directly associated with these events?
Yes, after another idiot's pack of dogs went next door and mauled an 80 year-old woman to death.

[Oh, Gee!!]

do the parents own the dog?

[Yonivore]

do the parents own the dog?
I think it was the family pet.

[Oh, Gee!!]

I think it was the family pet.

family can be defined many ways. maybe the boy lives with his grandmother but not with his parents, and the dog belongs to the grandmother. maybe grandmother's guilty.

[Yonivore]

TEXAS SENATE APPROVES LILLIAN'S LAW, STIFFER PENALTIES FOR OWNERS OF VIOLENT DOGS THAT ATTACK TEXANS (http://shapleigh.org/news/1283-texas-senate-approves-lillian-s-law-stiffer-penalties-for-owners-of-violent-dogs-that-attack-texans)


May 17, 2007

"In hundreds of horrific cases across Texas, the very young and old have been attacked, even killed by packs of pitbulls. With this bill, we send a strong message that we will protect people from dangerous dogs."

Written by Senator Eliot Shapleigh, www.shapleigh.org

AUSTIN – Today, the Texas Senate unanimously approved Lillian's Law H.B. 1355, sponsored by Senator Eliot Shapleigh. Lillian's Law provides stiffer penalties for owners of violent dogs in Texas.

"In hundreds of horrific cases across Texas, the very young and old have been attacked, even killed by packs of pitbulls," said Senator Shapleigh. "With this bill, we send a strong message that we will protect people from dangerous dogs."

Lillian's Law is named after Lillian Stiles, a 76-year-old woman who was killed while riding a lawnmower in the front yard of her home on Nov. 26, 2005. Stiles was mauled to death by a pack of six pit bull-Rottweiler mixed-breed dogs. Lillian's husband, Jack, was inside their home watching a football game and was unaware of the attack until a passer-by, Weldon Smith, knocked on his door. Outside, Jack found his wife lying dead.

Just a few hundred yards down the road, at the residence of the dogs' owner, Jose Hernandez, an empty dog pen rested behind a 3-foot fence. Last month, Hernandez was found not guilty of criminally negligent homicide.

Since the attack, Lillian's daughter, Marilyn Shoemaker, and her father have fought to pass Lillian's Law.

H.B. 1355 would charge a dog owner with a third-degree felony if the dog causes serious bodily injury to a victim in an unprovoked attack. A third-degree felony is punishable by two to 10 years in prison and a possible $10,000 fine. The crime would be a second-degree felony, punishable by up to 20 years in prison, if a victim dies a result of an unprovoked attack.

In Texas, in 2002, a total of 546 severe animal attacks or bites were voluntarily reported to the Zoonosis Control Division of the Texas Department of Health. The majority of cases, 485 cases, involved domestic dogs.

- END -

[Yonivore]

family can be defined many ways. maybe the boy lives with his grandmother but not with his parents, and the dog belongs to the grandmother.
I'm not sure, the article didn't say.

[clambake]

well, who owns the house? Mother? grandmother? do they all live together? details are lacking from the AP report.

[Yonivore]

well, who owns the house? Mother? grandmother? do they all live together? details are lacking from the AP report.
To me, it doesn't matter.

And eleven year-old boy isn't the owner of either the house or the dog. So, whomever the animal belonged to is the reponsible party. Whether it's the parents, the grandparents, or someone else -- they should be held responsible for leaving a loaded dog on the couch where children were present.

[clambake]

that law seems to be specific, (unrelated victims) and not truely address this situation. Isn't it possible that the dogs ownership included the child?

[Yonivore]

that law seems to be specific, (unrelated victims) and not truely address this situation.
I agree.


Isn't it possible that the dogs ownership included the child?
Only by consent of the parents who have ultimate responsibility for the welfare of the minor child.

If they had bought the child a .44 Magnum and allowed him to keep it in his room, unsupervised, and he accidentally shot himself; they would be liable even though they could claim the gun belonged to the child.

I don't see a difference here...except that pit bulls are more unpredictable and unstable than a quality firearm and that the boy wasn't accidentally bit.

[clambake]

11 year olds can legally own a .44 magnum in texas?

[Mr. Peabody]

11 year olds can legally own a .44 magnum in texas?

As long as they are not on parole.....

[Yonivore]

11 year olds can legally own a .44 magnum in texas?
I can purchase a .44 magnum and gift it to my 11 year old son. But, as I indicated, I'm responsible for what he does with it.

There are households all over Texas where the gun cabinets are full of hunting rifles received by young boys at Christmas or on birthdays.

They are only prohibited from purchasing the gun or the ammo it uses, themselves. And, they are bound by the same laws as you and I, regarding carrying a weapon off their own property.

But, yes, an 11 year old can legally own a .44 magnum in Texas...in the same sense that an 11 year old can legally own a pit bull.

[Walter Craparita]

I haven't made up my mind on pitbulls. I think the media likes to circle jerk to stories like these a lot and classify any dog as a pitbull in some circumstances.

That being said, if the owner's pitbull ever hurts someone the owner should be 100% responsible and severely punished. Someone other than an intruder of course.

[Oh, Gee!!]

Where's the father in all this?

[clambake]

if there's one thing that can be concluded in this story.......It's Killeen is in desperate need of decent news reporters.

[Yonivore]

if there's one thing that can be concluded in this story.......It's Killeen is in desperate need of decent news reporters.
That's not a problem confined to Killeen.

[socialbutterfly67]

[B]So sorry to hear about this tragic accident, such a terrible loss for the family.
They will be in our prayers now and always.
Not looking to point fingers or what ifs….just thinking about their loss and not wanting to make it worse then it already is.

Bless them and may they be able to find some comfort…..