People cause dog attacks

April 22, 2009 05:20 am

— No one knows why a bullmastiff horribly mauled little Amanda Smith on Sunday. If the history of man's relationship with canines means anything, it is likely that a human is at least indirectly to blame.
Responsible breeders diligently try to eliminate aggressive tendencies in animals by continuing genetic lines of even-tempered animals. While most dog-breeders are responsible, a troubling counterculture in this country has developed, celebrating dangerous and aggressive dogs. This trend gained its most infamous face with the downfall of former football player Michael Vick, who served 23 months in federal prison for his role in a dogfighting ring.
Even in cases where owners were not explicitly working to cultivate dangerous behavior, dog attacks can lead to jail time. Pennsylvania law includes a "dangerous dog attack" provision, which allows prosecutors to charge the owner with a first-degree misdemeanor, a crime that would carry a maximum sentence of five years in prison. The provision only applies after a dog has been deemed "dangerous." Any such designation will be too late for Amanda.
The Kulpmont case is reminiscent of a notorious fatal dog attack in San Francisco that led to second-degree murder convictions for the dog owners. In that case, Dianne Whipple, a former Penn State lacrosse player, was killed by large dogs owned by neighbors. At trial, prosecutors argued that the killer dogs had previously attacked other people and that the owners were unable to control the animals. Police have not identified the owners of the bullmastiff involved in Amanda's attack, but neighbors say they are unaware of any prior problems with the dog. In the Kulpmont case, the troubling question stems from the fact that the dog was being walked by a 9-year-old girl. Most breed descriptions suggest the dog's weight likely exceeded 100 pounds.
The notion of the dangerous dog designation seems to offer some protection for owners who have no indication that a dog will attack. Prosecutors might be better able to serve the cause of justice if they are capable of leveling serious charges whenever there is indication reckless behavior by owners contributed to dog attacks. Much about the Kulpmont attack remains unknown to the public. Those facts will likely be the deciding ones when police and prosecutors determine whether Sunday's attack was a crime, in addition to a tragedy.