Texas Dog Owner Charged After Fatal Pack Attack Kills Man in Fresno

Freddy Garcia, 71, was killed by a pack of dogs on July 18, 2022, while walking to a neighborhood store in Fresno, Texas, according to a statement from the Fort Bend County Sheriff's Office. The sheriff's office received the call at approximately 1:30 p.m., reporting a man attacked by dogs in the 4300 block of Mark Terrace Lane. Garcia was airlifted to a hospital via Life Flight, where he was pronounced dead. CNN reported that all seven dogs involved in the attack were pit bull mixes ^[1].

Samuel Cartwright, 47, who owned all seven dogs, was arrested and charged in connection with the mauling, the sheriff's office said. Cartwright was booked into the county jail on Thursday and charged with "attack by dog resulting in death," a second-degree felony, according to jail records. His bond was set at $100,000. It is unclear if Cartwright has retained an attorney.

Under Texas Health and Safety Code Section 822.005, the offense is a felony of the third degree unless the attack causes death, in which event the offense rises to a felony of the second degree. A conviction on a second-degree felony charge carries a sentence of two to 20 years in prison and a potential fine of up to $10,000. The statute, known as "Lillian's Law," was enacted in 2007 and establishes criminal penalties for dog owners whose animals cause serious injury or death through the owner's criminal negligence.

Authorities captured four of the dogs at the scene initially and located the remaining three on Cartwright's property. Cartwright initially claimed the dogs were strays, denying ownership. The Fort Bend County Sheriff's Office, Fort Bend Animal Control, and the Fort Bend County District Attorney's Office conducted a joint investigation into Garcia's death. Fort Bend County Sheriff Eric Fagan credited deputies, Fort Bend Animal Services Director Rene Vasquez, and District Attorney Brian Middleton for the collaborative effort in capturing the animals and securing the arrest.

Fort Bend County District Attorney Brian Middleton will determine the disposition of the seven dogs. No trial date has been set. The case remains pending in Fort Bend County.

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] Click2Houston / KPRC. (2022, July 22). Owner of 7 pit bulls arrested, charged after animals maul 71-year-old man to death in Fresno neighborhood, deputies say. https://www.click2houston.com/news/local/2022/07/22/owner-of-7-pit-bulls-arrested-charged-after-animals-maul-71-year-old-man-to-death-in-fresno-neighborhood-deputies-say/

[3] ABC13 / KTRK. (2022, July 22). Dog owner arrested in connection to deadly attack on 71-year-old man in Fresno. https://abc13.com/post/deadly-dog-attack-fresno-texas-man-mauled-pit-bulls-fort-bend-county/12067333/

[4] FindLaw. (2024, January 1). Texas Health and Safety Code § 822.005 – Attack by Dog. https://codes.findlaw.com/tx/health-and-safety-code/health-safety-sect-822-005/