Texas Dog Owner Charged in Fatal Mauling Under Lillian’s Law

Samuel Cartwright, 47, of Fresno, Texas, was arrested and charged with attack by dog resulting in death after seven pit bull mix dogs he owned fatally mauled 71-year-old Freddy Garcia on July 18, 2022, according to CNN ^[1]. Garcia was walking to a store in his neighborhood at approximately 1:30 p.m. when the Fort Bend County Sheriff's Office received a call from a witness reporting that the man was being attacked by seven dogs. Authorities responded and found Garcia, who was immediately transported via Life Flight to Memorial Hermann, a hospital in the downtown Houston area, where he was later pronounced dead from wounds suffered during the attack.

The Fort Bend County Sheriff's Office charged Cartwright with attack by a dog resulting in death, a second-degree felony. His bond was set at $100,000. The arrest followed an investigation conducted by the Sheriff's Office, Fort Bend Animal Control, and the Fort Bend County District Attorney's Office. All seven dogs, pit bull mixes, belonged to Cartwright, authorities said, and the animals were captured by deputies and animal control.

The charge against Cartwright falls under Texas's "Lillian's Law," codified at Section 822.005 of the Texas Health and Safety Code. In 2007, the Texas Legislature passed Lillian's Law, which holds owners accountable for serious injuries or death caused by their dogs. To charge a dog owner under the statute, the attack must have been unprovoked, occurred off the owner's property, and resulted in serious bodily injury or death. Prosecutors must also prove that the owner was criminally negligent in failing to secure the animals. Fort Bend County District Attorney Brian Middleton cited Lillian's Law and said Cartwright could face up to 20 years in prison if convicted.

Fort Bend County Sheriff Eric Fagan said the dogs are suspected in at least one other recent attack. Deputies arrested Cartwright on July 21, 2022. Sheriff Fagan stated that the dogs attacked Garcia without provocation. At the time of reporting, Cartwright remained in the Fort Bend County Jail.

The case illustrates the continued application of Lillian's Law in prosecuting dog owners whose animals inflict fatal harm. Under the statute, it is a second-degree felony if an owner fails to secure a dog that fatally attacks a person outside of the owner's property. The Fort Bend County District Attorney's Office is prosecuting the matter. No trial date had been publicly announced as of the time of the initial reports.

References

[1] CNN. (2022, July 24). 71-year-old man mauled to death by dogs; owner arrested, sheriff's office says. https://www.cnn.com/2022/07/24/us/texas-man-mauled-dogs/index.html

[2] KWTX. (2022, July 22). Texas man charged after seven dogs attacked, killed elderly person. https://www.kwtx.com/2022/07/22/texas-man-charged-after-seven-pit-bulls-attacked-killed-elderly-person/

[3] ABC13 Houston / KTRK. (2022, July 22). Deadly dog attack: Samuel Cartwright charged in connection to death of 71-year-old man killed by dogs in Fresno. https://abc13.com/post/deadly-dog-attack-fresno-texas-man-mauled-pit-bulls-fort-bend-county/12067333/

[4] KHOU 11. (2022, July 23). Owner of pack of dogs that killed 71-year-old Fresno man arrested, FBCSO sheriff says. https://www.khou.com/article/news/crime/arrest-made-after-dogs-kill-man-in-fort-bend-county/285-c7769731-05c3-4f69-9eac-61f5722cd498

[5] Texas District & County Attorneys Association. New dog-mauling statute tested. https://www.tdcaa.com/journal/new-dog-mauling-statute-tested/