At a Glance
- Jurisdiction
- West Virginia, Ohio County
- Date
- 2015-03-08
- Status
- Pending
Police in Wheeling, West Virginia, reported that a pit bull attacked and killed Roy A. Higginbotham Jr., 62, as he attempted to resuscitate his roommate, David Wallace Jr., 63, who had suffered a heart attack at their shared residence. The Washington Post first reported the incident on March 10, 2015 [1]. Wheeling police said the dog attacked Higginbotham shortly before 9 p.m. Sunday. [2] A police department news release confirmed that both men were pronounced dead at a local hospital. [3]
Authorities said the incident occurred at a home on 14th Street in East Wheeling. Lt. Phil Redford stated that police believe Wallace suffered a heart attack, and that Higginbotham was attacked by the dog as he tried to resuscitate him. [3] The dog, described as a 3-year-old female, was removed from the residence by Ohio County Animal Control and placed in quarantine. [2] Wheeling Police Chief Shawn Schwertfeger confirmed that three persons inside the residence were acquainted. [3] According to The Washington Post, a woman present in the home avoided the dog by escaping through a second-floor window. [1]
Neighbors told local station WTRF-TV that the dog appeared to become protective and attacked when she saw Higginbotham attempt to administer aid to Wallace. Neighbor Beth Patsch said, "it seems like she was protecting him from the person trying to resuscitate him." [2] Neighbors also said the 3-year-old female pit bull had never appeared aggressive in the past. [1] Police said they were awaiting autopsy results before formally determining Higginbotham's official cause of death. [1] The incident was referred to the Wheeling Police Department Detective Division for investigation. [4]
The deaths raise potential civil liability questions under West Virginia law. Under West Virginia common law, when a dog injures or kills someone on the owner's property, the owner is not found liable unless it is proved that they knew or should have known the dog was dangerous, for example, if the dog had previously bitten or acted aggressively toward another individual. [5] Separately, West Virginia Code Section 19-20-20 provides that no person shall own, keep, or harbor any dog known to be vicious, dangerous, or in the habit of biting or attacking other persons, and upon satisfactory proof before a circuit court or magistrate, a judge may authorize the dog to be killed. [6] Because the attack occurred on the owner's property, any civil wrongful death claim on behalf of Higginbotham's estate would likely turn on whether Wallace's estate or other responsible parties had prior knowledge of the dog's dangerous tendencies, a threshold that neighbors' accounts of the dog's previously placid behavior may complicate.
References
[1] The Washington Post. (2015, March 10). Pit bull mauls W.Va. man attempting to save dog's owner. Both men are now dead. https://www.washingtonpost.com/news/morning-mix/wp/2015/03/10/pit-bull-mauls-w-v-man-attempting-to-save-dogs-owner-both-men-are-now-dead/
[2] Fox News. (2015, March 10). Pit bull kills West Virginia man reviving owner following heart attack. https://www.foxnews.com/us/pit-bull-kills-west-virginia-man-reviving-owner-following-heart-attack
[3] CBS Pittsburgh. (2015, March 11). Man killed by pit bull while trying to help dog's ill owner. https://www.cbsnews.com/pittsburgh/news/man-killed-by-pit-bull-while-trying-to-help-dogs-ill-owner/
[4] CBS News. (2015, March 9). Man killed by pit bull while trying to help dog's dying owner. https://www.cbsnews.com/news/man-killed-by-pit-bull-while-trying-to-help-dogs-dying-owner/
[5] Miley Legal. (2026, February 12). Guide to dangerous dog laws in West Virginia. https://mileylegal.com/dangerous-dog-laws-in-west-virginia/
[6] West Virginia Legislature. West Virginia Code Section 19-20-20. https://code.wvlegislature.gov/19-20-20/