At a Glance
- Court
- 226th District Court, Bexar County, Texas
- Case Type
- Sentencing
- Parties
- State of Texas v. Christian Moreno; State of Texas v. Abilene Schnieder
- Jurisdiction
- Bexar County, Texas
- Date
- 2024-09-20
- Status
- Sentenced
A San Antonio couple received substantial prison terms in September 2024 after their pit bulls escaped from the couple's property, mauled an 81-year-old man to death, and injured his wife. The case, first reported by The New York Times [1], drew national attention to the intersection of dangerous dog statutes and criminal liability for pet owners.
Christian Moreno was sentenced to 18 years in prison and Abilene Schnieder was sentenced to 15 years in prison for the Feb. 24, 2023, mauling near their San Antonio home [2]. Ramon Najera, 81, was killed and his wife, Juanita Najera, was injured in the attack [2]. Investigators determined that the dogs escaped through a hole in the fence and, according to the arrest report, witness video showed the animals were not wearing collars or harnesses, a condition Animal Control Services had imposed when the dogs were previously returned to the couple [3].
Moreno and Schnieder were arrested and charged with dangerous dog attack resulting in death and injury to an elderly person [3]. Both defendants entered guilty pleas, avoiding trial [3]. A charge of recklessly causing bodily injury to an elderly person was dismissed as part of the plea agreement [3]. Prior to the fatal attack, the couple's dogs had attacked two other people in the neighborhood on separate occasions, and Animal Control Services reported being called out multiple times for the dogs' violent behavior [4].
The sentences fall under Texas Health and Safety Code Section 822.005, commonly known as Lillian's Law. Texas enacted the statute in 2007, naming it for Lillian Stiles, a 76-year-old woman killed in 2005 when several large dogs attacked her in her front yard [5]. Under the statute, a fatal dog attack constitutes a second-degree felony [5]. The law imposes criminal liability when an owner, with criminal negligence, fails to secure a dog that then makes an unprovoked attack outside the owner's property, causing serious bodily injury or death [5]. The statute also creates a separate path to liability for owners who already know their animal has been designated dangerous and nonetheless allow the dog to attack [5].
226th District Court Judge Velia J. Meza addressed the defendants at sentencing, stating her remarks centered on responsible dog ownership [2]. Firefighters who responded to the February 2023 scene found a bloodied man being dragged by dogs and had to use pickaxes to drive the animals away, the city's fire chief said at the time [2]. The Bexar County District Attorney's Office confirmed the sentences, and the case has since fueled calls in Texas and elsewhere for stricter enforcement of dangerous dog registration requirements and owner accountability statutes.
References
[1] The New York Times. (2024, May 10). Pit Bull Kills Elderly Man in Texas, and Owner Is Arrested. https://www.nytimes.com/2024/05/10/us/pit-bull-attack-texas-owner-arrested.html
[2] NBC News. (2024, September 21). Texas couple sentenced to prison after pit bulls killed 81-year-old man. https://www.nbcnews.com/news/us-news/texas-couple-sentenced-prison-pit-pulls-killed-81-year-old-man-rcna172069
[3] News4 San Antonio. (2024, August 29). San Antonio couple pleads guilty in fatal pit bull attack case. https://news4sanantonio.com/news/local/san-antonio-couple-pleads-guilty-in-fatal-dog-attack-case-texas-investigation-court-judge-police-dogs
[4] Fox San Antonio. (2024, April 9). Pre-trial set for couple over fatal pit bull attack of 81-year-old man. https://foxsanantonio.com/news/local/pre-trial-set-for-couple-over-fatal-pit-bull-attack-of-81-year-old-man
[5] 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/