Please note that some posts contains affiliate links & I will be compensated if you make a purchase after clicking on my links Find out More

Expert Witness in Dog Bite Case

by | Mar 10, 2011 | Dog Training & Care | 1 comment

NOT “Buddy” . . . a stand in, and probably just as lovely as the dog in the post.

I’ve always described myself as a pet owner advocate, one who figuratively speaks for dogs and cats and translates for their owners. But I never realized that I’d serve as a spokesperson in the more literal sense.

In August 2010, a local defense attorney contacted me about a dog bite case that happened many months earlier. At first, he simply wanted my opinion about dog behavior. Ultimately, the court appointed me as an expert witness. I learned this background about the case.

Perfect Storm of Tragedy

The day of the event, the 4-year-old pit bull named Buddy (yes, one of THOSE!) owned by the home-owner’s friend had been placed on a tether hooked to an overhead runner-line outside the fenced yard. This was only the first or second time the dog had ever been tethered, because the home owner (“Grandma”) felt sorry about confining him in a very small dog run. Home owner’s 5-year-old granddaughter loved Buddy and had often been around him, and the dog had never (to their knowledge) growled or offered any indication of aggression to anyone.

Apparently Grandma was babysitting the grandchild, and a number of adults were in the house on the day in question. Strangers with car problems also crossed back and forth through the fenced yard within sight of Buddy, leaving the gate open as they worked on the car.

When the toddler wanted to go outside and play with her tricycle (outside the fenced yard and near the tethered dog), Grandma asked her to wait so Grandma could first visit the bathroom. Other adults inferred they’d go outside, too, and watch the girl. But when Grandma left the toilet, nobody knew where the toddler was. Normally the gate would have been locked closed, but the car problems meant it was left open. They ultimately found the child unconscious, nearly scalped, on the ground within reach of Buddy who sat quietly watching.

Nobody Wins…

Any case of dog aggression and child injury is horrifying. It doesn’t have to happen—and families naturally feel outraged and devastated when such things take place. The Grandmother was, of course, mortified—and the child’s mother upset—but all agreed it was a horrible accident.

Good news—the little girl survived but will need reconstructive surgery. Bad news—the men beat Buddy to death for his crime. Tragic news—the child cried when she learned Buddy’s fate (and she still loves dogs, thank god!) Even worse news—the State (DA) prosecuted Grandma as negligent, charged with criminal injury to a child, saying she should have recognized Buddy was dangerous simply because he was a pit bull. Grandma faced a potential sentence of 20 years.

My Testimony

The case was postponed twice. Finally, last week on March 2, I offered expert testimony to educate the jury about:

  1. Normal dog behavior
  2. Definition of “dangerous dog”
  3. Predictive situations for aggressive behavior
  4. Media bias toward APBT “type” dogs.

During my two-plus hours on the stand, among other things, I explained the importance of puppy socialization and dog training, why tethering a dog can be dangerous, translated common misunderstood “dog language” warnings, and debunked breed-specific “bite statistics” based on my own experience and information from CDC, ASPCA, HSUS, AVMA and many other sources. I was the last witness.

The next day, the jury was out five hours. They came back with a Not Guilty verdict.

RIP, Buddy.

YouTube Button

I love hearing from you, so please share comments and questions. Do you have an ASK AMY question you’d like answered? Do you have a new kitten and need answers? Stay up to date on all the latest just subscribe the blog, “like” me on Facebook, and sign up for Pet Peeves newsletter. Stay up to date with the latest book give aways and appearances related to my September Day pet-centric THRILLERS WITH BITE!

1 Comment

  1. Wayne Borean aka The Mad Hatter

    Poor Buddy. You just can’t leave a dog alone in a strange situation and expect him to know what to do. Dogs are very protective of their territory, and having people wandering in and out must have had the poor thing going nuts.

    As for the Crown/District Attorney, he/she should have been charged with malfeasance.

    Wayne

    Reply

Trackbacks/Pingbacks

  1. Monday Mentions & National Dog Bite Prevention Week « Amy Shojai's Blog - [...] be prevented with responsible pet ownership. Those who read this blog recall that I served as an expert witness…

Submit a Comment

Your email address will not be published. Required fields are marked *

Categories:

Recent Posts

Update on Cyprus Cats: New FIP Strain Identified

This past summer I reported on the apparent FIP outbreak among cats on the island of Cyprus. As thousands of cats quickly sickened and died from signs of feline infectious peritonitis (FIP), experts puzzled over why. While the feline-specific illness tragically kills most infected cats (if not given expensive hard-to-access treatment), pockets of “outbreaks” had previously been limited to handfuls of cats in cattery or shelter population.

But in Cyprus, things changed. Here’s the update…stranger than fiction, but true.

How To Give Pets As Gifts

Giving pets as gifts prompts discussions every time the subject comes up. Most recently, we got our “gift puppy” and “gift kitten” when they adopted us, and we’re so glad Karma-Kat and Shadow-Pup are part of our holidays. But for many folks, this year means a new puppy or new kitten for Christmas. Learn how to gift pets–and please share your experiences in the comments!

The professionals used to say that the holidays were a TERRIBLE time to get a new pet–that impulse adoptions could leave the cat or dog without a home after the cute-holiday-thrills wore off. More recently, though, the ASPCA conducted some surveys and discovered that when done properly, these adoptions can be lasting, loving adoptions. So I had to re-think my advice.

Holidays tend to be hectic times when normal routines go out the window. Whether a baby, adult, or senior rescue cat or dog, new animals need the stability of knowing what to expect. In fact, some holiday schedules may allow you to be home more during this time to help the new kitty or pooch adjust.

Holiday pets take more work, true. But just think: you’re not only giving the pet to a person—you’re giving a special human to a waiting cat or dog, a fur-kid hungry for a loving, permanent home. Happy holidays, indeed!

Mystery Canine Respiratory Disease? What We Know

Each fall and winter heralds a rise in respiratory illnesses in people–and also in dogs. Like humans, dogs can contract a number of hacking, wheezing, coughing, yucky illnesses that make them feel bad. Canine respiratory diseases get lumped together as canine infectious respiratory disease complex (CIRDC). These are a constellation of different illnesses resulting from viral, fungal, or bacterial infections.

One of the most common, kennel cough, spreads easily from dog to dog. It gets its name because dogs housed closely together in kennels, boarding facilities, shelters, and similar places provide the perfect transmission opportunity. But recently, an apparent increase in dog respiratory disease has owners, and many vets concerned.

13 Pet Holiday Dangers to Avoid: How to Keep Cats & Dogs Safe

I write about pet holiday dangers every year. This listicle (and a fun infographic at the bottom) offers more than a dozen problems. I’ve included links to more detailed information for those wanting a deeper dive on all the must-knows for pet holiday safety!

Merry Cat-Mas & Doggy Ho-Ho-Ho! Here’s How to Create a Tree for the Pets

Have you decked the halls yet with your howl-iday decor? What do the pets think? Have they joined in the spirit of ho-ho-ho and wreaked havoc? Or do they ignore the festivities?

The Christmas tree might as well be an early holiday gift to your cats and dogs. Pets can’t resist the urge to sniff, claw, water—and scale the branches to reach the highest possible perch. Don’t blame your cat or dog. It’s normal for cats to compete for the top spot (literally and figuratively) to secure their place in kitty society, and dogs may want to “mark” the convenient indoor doggy signpost.

Protect your precious memories by pet-proofing to prevent breakage (yes, this happened to me!) And give your pets something “legal” to enjoy. Here’s how to create pet safe holiday fun for cats and dogs.

Playing Around…in SISTER ACT Musical!

From time to time, I’m blessed to participate in the local community theater productions. Sometimes, that means playing cello or keyboard in the loft, and other times, onstage. This month, I’m “playing around” as Sister Mary Martin-of-Tours, a nun in SISTER ACT musical. We open Friday December 1 and run three weekends (Thursday-Sunday matinee) through December 17th.

Cat Books Sale: “When you get a cat, there should be 4 requirements by law:

I was born to love pets & spread JOY! My books bring smiles, save lives, and reduce vet bills. So I put ALL MY CAT BOOKS ON SALE…cuz maybe you’ll want to “adopt” more of my 35+ award-winning pet books or share the purr-fect love with other pet lovers.

You can get ’em for full price on Amazon, BUT…

Dog Books Sale: “One of the best I have read…”

I was born to love pets & spread JOY! My books bring smiles, save lives, and reduce vet bills. So I put ALL MY DOG BOOKS ON SALE…cuz maybe you’ll want to “adopt” more of my 35+ award-winning pet books or share the purr-fect love with other pet lovers.

You can get ’em for full price on Amazon, BUT…

Counting Thanksgiving Blessings, the Pet Writer Way in 2023

Time for my annual Count My Blessings post. The past year has meant change, change, and more change, and that’s good and also challenging. But some things never change…I’m thankful to you—yes, those who read this blog, the cat book lovers, and the dog book lovers, and folks who have “adopted” my thriller series. And those who offered awesome applause and support any of the other venues mentioned…

7 Tips How to Prepare Cats, Dogs, and People for Holiday Visits

How to Prepare Cats, Dogs, and People for Holiday Visits

Holiday celebrations include visiting family and friends. It also means keeping pets safe during the holidays. Since we consider cats and dogs part of the family, pet holiday visits require special preparations. Changes to routine can increase fear, anxiety, and stress in everyone, and especially our pets. Hitting the road also raises stress levels, so unless your pets adore car travel, prepare with advice in this article. Here are some tips for reducing the angst once you arrive, so that everyone enjoys family pet holiday visits.

Visit Amy's Website

Amy Shojai CACB is an award winning author.  You can find all her publications and book her to speak via her website. 

On Demand Writer Coaching

AmyShojai.com is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com http://amazon.com/.

Awards

Memberships