At a Glance
- Jurisdiction
- Lowell, Massachusetts
- Date
- 2017-10-21
- Status
- Pending
Two pit bulls attacked and killed a 7-year-old boy in Lowell, Mass., on Saturday evening, Oct. 21, 2017. A preliminary investigation by the Middlesex District Attorney's Office indicated the unidentified boy entered a fenced area containing the two dogs, which then attacked him. The boy was pronounced dead at the scene. The Washington Post first reported the incident on Oct. 23, 2017, citing statements from local authorities [1].
The boy was subsequently identified as Javien Candelario. Neighbors witnessed the attack at around 6 p.m. and began calling police. Witnesses said approximately 15 people saw the mauling, including Javien's mother and his older brother. The attack occurred in a fenced-in area between 56 and 58 Clare Street. According to CBS News, one of the pit bulls escaped after the attack, was later captured, and was euthanized, while the other was taken into the custody of the city's animal control office.
The incident remained under investigation, and no charges had been filed at the time of initial reporting. The legal exposure in this matter carries multiple dimensions. Massachusetts is a strict liability state on dog bite cases, meaning an owner may face civil liability even without prior knowledge of the animal's dangerous tendencies. However, under Massachusetts law, the owner of a dog is liable for personal injury caused by the animal unless the injured person was trespassing or provoked the animal. Children under the age of 7 are presumed incapable of trespass under the statute, but because Candelario was 7 years old, the trespass question could prove a barrier to civil recovery. On the criminal side, whether the owner knew or should have known of the risk is the central inquiry for establishing criminal culpability.
The Lowell City Council voted unanimously to direct the city manager to investigate "the viability of measures" that can be taken "against certain breeds of dogs." That legislative response carries a complicated backdrop. Lowell had enacted a pit bull ordinance in 2011, but it was nullified one year later after Massachusetts legislators passed a state preemption law barring cities and towns from adopting breed-specific laws. The preemption statute has drawn renewed scrutiny in the wake of the attack, with local officials questioning what regulatory tools remain available to municipalities.
Candelario was mauled to death after he entered a fenced area on Clare Street where the dogs were kept next to a home, officials said. One of the pit bulls escaped following the attack but was later captured and euthanized. The other dog, placed into the custody of the city's animal control office, was also subsequently euthanized, said Capt. Jonathan Webb, a spokesman for Lowell police. As of initial publication, the Middlesex District Attorney's Office had not announced charges against any individual in connection with the death [1][3].
References
[1] The Washington Post. (2017, October 23). 'It's my baby. It's my baby': Two pit bulls fatally maul 7-year-old boy in Mass., authorities say. https://www.washingtonpost.com/news/morning-mix/wp/2017/10/23/its-my-baby-its-my-baby-two-pit-bulls-fatally-maul-7-year-old-boy-in-mass-authorities-say/
[2] CBS News. (2017, October 23). 7-year-old boy mauled to death by pit bulls in Massachusetts. https://www.cbsnews.com/news/lowell-7-year-old-boy-mauled-to-death-by-pit-bulls-massachusetts/
[3] GBH News. (2017, October 24). The Legal Implications of the Lowell Pit Bull Case. https://www.wgbh.org/news/local/2017-10-24/the-legal-implications-of-the-lowell-pit-bull-case
[4] The Boston Globe. (2017, November 1). Death of Lowell boy killed by pit bulls ruled an accident, officials say. https://www.bostonglobe.com/metro/2017/11/01/death-lowell-boy-killed-pit-bulls-ruled-accident-officials-say/M8Oe4Dg6pPZul2kH41f4tL/story.html