Louisiana Dog Owner Charged With Negligent Homicide in Child’s Death

Erick Lopez, 20, of East Baton Rouge Parish, Louisiana, was arrested and charged with negligent homicide after his pit bull terrier entered a neighboring property and killed 7-year-old Sadie Davila on Jan. 6, authorities said. The East Baton Rouge District Attorney's Office formally charged Lopez with one felony count of negligent homicide. Lopez's bond was set at $7,500.

Emergency responders were called to a home in the 25000 block of Kendalwood Road shortly after 6:30 p.m. in response to a child injured in a dog attack. Lopez told deputies his dog would often roam unrestrained through the neighboring property where the child was attacked, according to the arrest report obtained by CNN. The family's attorney stated that Davila was playing outside a family member's house, approximately 150 yards from Lopez's home, when the pit bull attacked her. The dog continued to maul her despite a relative's attempts to stop the attack by hitting the dog with a walking cane, according to the arrest report.

Sadie, who was in the first grade, was transported to a hospital where staff said the child "sustained numerous dog bites to her face and substantial damage to her skull, ultimately resulting in her death," the arrest report stated. The East Baton Rouge Parish School System identified Sadie as a first-grader at Woodlawn Elementary School. East Baton Rouge Animal Control Director Daniel Piatkiewicz said the animal was euthanized Friday night, adding that his department had no prior complaints against Lopez's dog on file.

Investigators determined that Lopez had "failed to confine or restrain his dog, which unlawfully entered a neighboring property and attacked a 7-year-old female victim, causing her death," according to the arrest report. The charge carries significant criminal exposure under Louisiana law. Louisiana Revised Statute 14:32 defines negligent homicide to include the killing of a human being by a dog when the owner is reckless and criminally negligent in confining or restraining the animal, and provides that where the victim was under 10 years of age, the offender shall be imprisoned at hard labor, without benefit of probation, parole, or suspension of sentence, for not less than 2 nor more than 10 years ^[3].

The case draws attention to the scope of Louisiana's negligent homicide statute as applied to dog owners. Under La. R.S. 14:32, the killing of a human being by a dog or other animal triggers criminal liability when the owner is found reckless and criminally negligent in confining or restraining the animal. Animal Control officials confirmed there were no prior complaints on file against Lopez's dog, a fact that may bear on the degree of foreseeability the prosecution must establish. The matter remains pending in East Baton Rouge Parish.

References

[1] CNN. (2023, January 8). A 7-year-old girl died after dog attack in Louisiana, dog owner faces charges. https://www.cnn.com/2023/01/08/us/louisiana-girl-dog-attack-dead/index.html

[2] WBRZ News 2 Louisiana. (2023, January 9). 7-year-old girl fatally attacked by pit bull; owner formally charged with negligent homicide. https://www.wbrz.com/news/sheriff-7-year-old-girl-dies-after-dog-attack-off-hoo-shoo-too-road/

[3] Louisiana Legislature. La. R.S. 14:32 – Negligent homicide. https://www.legis.la.gov/legis/law.aspx?d=78409

[4] The Advocate. (2023, January 7). Owner of dog in deadly attack facing negligent homicide charges: East Baton Rouge Sheriff. https://www.theadvocate.com/baton_rouge/news/crime_police/man-in-deadly-dog-attack-faces-negligent-homicide-count/article_008abece-8e97-11ed-b579-0b8d07652b38.amp.html