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Felony Charges against California Pit Bull Owner Dropped after Dogbite Attack

Felony charges against the owner of two pit bulls involved in a deadly dog bite attack on a Mountain Ranch man last year, have been dropped.  The charges were dropped at a preliminary hearing earlier this week.  The attack, which occurred in August 2010, had killed one man.

It was a reprieve for the owner of the two pit bulls, Cheryl Sellers, after the judge ruled that there was insufficient evidence to prosecute her on felony charges.  On August 22, Jerry Yates was working in his shop.  As he walked out of the shop, he was attacked by the pit bulls.  The attack occurred between his shop and a small trailer where Sellers lived.  The attack was prolonged and gruesome.  Ultimately, Yates succumbed to his horrific injuries.  According to court testimony, the cause of death was severe blood loss and shock.

Soon after, Sellers was arrested, and charged under California Code Section 399.  Prosecutors invited a number of witnesses to the stand, including community residents who had knowledge of the dogs’ vicious behavior.  Several of the witnesses testified that there had been several incidents where the dogs had been unprovoked, but had threatened people.  At least one witness said that he had been warned by Sellers to be careful around the dogs.  Sheriff’s deputies also testified about the attack on Yates’s son, who arrived at the scene.

Prosecutors allege that Sellers herself had a long and troubled history of owning problem dogs, including aggressive pit bulls.  The dogs that attacked Yates had exhibited vicious tendencies.  According to prosecutors, Sellers was aware that the dogs were dangerous, and posed a threat to others.  They based this on one witness’s account that she had been warned by Sellers to stay away from the dogs because they were dangerous.  Besides, Sellers had exhibited irresponsible dog ownership.  She had kept her pit bull in a small enclosure that was simply not adequate for them.

The judge agreed with most of the facts of the case, including that Sellers was aware that her dogs had vicious tendencies, and failed to keep them in adequate enclosures.  However, he found that there was nothing to prove what precipitated or triggered the attack.

Deaths from dog bites are rare.  In most of these cases, the victims are infants and young children who are incapable of protecting themselves from serious injuries during a dog bite.  It is relatively uncommon for an adult to be mauled to death like Yates was here in this case.  It illustrates the severity and ferocity of this particular attack.  To Los Angeles dog bite attorneys who often deal with such cases, it’s not that surprising.  Dog bites can lead to severe and debilitating injuries to the victim.  This is especially so when the dogs in the attack are breeds like pit bulls and Rottweilers.  Pit bulls, for instance, are known to sink their jaws into a victim, without letting go.

The Reeves Law Group is a law firm with offices throughout California dedicated exclusively to the representation of personal injury victims, including victims of dog bites in Los Angeles. Please visit our website at trlglaw.com. If you desire to discuss a personal injury matter,  you can reach us at (800) 644-8000 or email us.

The Reeves Law Group is not representing any party in the matters discussed in this posting.

 

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