Cody's Law Boosts Criminal Cases
By Corey Lyons
Contra Costa Newspapers
June 24, 2001
Cody Fox took a wrong turn one afternoon while walking on a rural road in Tehama County and found himself surrounded by a pack of snarling dogs.
In the aftermath, Paulette Hilliard had to follow her son's blood-streaked path to find the mangled boy hiding in an abandoned trailer.
The grisly attack in September 1998 left the 11-year-old boy without his left arm and ear.
But it also prompted horrified residents to call for stronger penalties against the owners of dogs that seriously hurt or kill people.
The result is Cody's Law, which allows prosecutors to file felony charges against some dog owners whose animals kill or cause severe physical injuries.
The law, proposed by state Sen. Maurice Johannessen, R-Redding, went into effect in January 2000. Specifically, it applies to some owners who fail to exercise ordinary care in controlling dogs trained to attack, fight or kill.
The case comes into sharp focus while authorities investigate the mauling of 10-year-old Shawn Jones by three pit bulls June 18 in Richmond.
Prosecutors had sought felony charges against the dog's owner, Benjamin Moore, of mayhem and failing to exercise care with dogs trained to fight, attack or kill.
But Moore has pleaded not guilty to two misdemeanor counts. , He has denied that his canines had been trained to attack and said he did not witness the encounter.
Similarly, although the Cody Fox case inspired changes in state law, it frustrated Tehama County investigators and prosecutors trying to hold the dog's owner responsible.
"We weren't able to use the new law. We didn't have a felony to go on," said Tehama County assistant district attorney Jonathan Skillman.
The assault occurred Sept. 6, 1998, while Cody, walking along a rural stretch of road, passed Jim Wick's mobile home.
The youngster quickly found himself in the company of about 20 angry dogs, which began gnawing at the boy's flesh.
Cody, who played dead to induce the animals to leave him alone, lost his left arm and ear in the mauling. His scalp was nearly torn from his head.
Initially, authorities searched in vain for laws that would allow them to arrest Wick and prosecute him on felony charges. But there was no relief.
Under state law at the time, Wick faced misdemeanor charges because he was not present when the mauling happened. He faced a maximum penalty of six months in jail and a $1,000 fine. Prosecutors ended up sending Wick to prison on drug charges, Skillman said.
"We went through a lot to show factual proof that his dogs did the crime and we kept looking for a crime that would fit," he said.
Investigators built what appeared to be a strong case against the dog owner. A stuffed, human-shaped dummy, riddled with bite marks, was discovered in the man's yard.
"If you had a case today, that would be a great piece of evidence," Skillman said. "But there was no real law to cover it at the time."
Johannessen said Cody's Law is not bulletproof, but it's effective. "Some law had to be put into place because of the irresponsibility of these owners," he said. "It's a tool by which prosecutors can force the owners to take criminal as well as financial responsibility. And to that end, it works."
Contra Costa Newspapers
June 24, 2001
Cody Fox took a wrong turn one afternoon while walking on a rural road in Tehama County and found himself surrounded by a pack of snarling dogs.
In the aftermath, Paulette Hilliard had to follow her son's blood-streaked path to find the mangled boy hiding in an abandoned trailer.
The grisly attack in September 1998 left the 11-year-old boy without his left arm and ear.
But it also prompted horrified residents to call for stronger penalties against the owners of dogs that seriously hurt or kill people.
The result is Cody's Law, which allows prosecutors to file felony charges against some dog owners whose animals kill or cause severe physical injuries.
The law, proposed by state Sen. Maurice Johannessen, R-Redding, went into effect in January 2000. Specifically, it applies to some owners who fail to exercise ordinary care in controlling dogs trained to attack, fight or kill.
The case comes into sharp focus while authorities investigate the mauling of 10-year-old Shawn Jones by three pit bulls June 18 in Richmond.
Prosecutors had sought felony charges against the dog's owner, Benjamin Moore, of mayhem and failing to exercise care with dogs trained to fight, attack or kill.
But Moore has pleaded not guilty to two misdemeanor counts. , He has denied that his canines had been trained to attack and said he did not witness the encounter.
Similarly, although the Cody Fox case inspired changes in state law, it frustrated Tehama County investigators and prosecutors trying to hold the dog's owner responsible.
"We weren't able to use the new law. We didn't have a felony to go on," said Tehama County assistant district attorney Jonathan Skillman.
The assault occurred Sept. 6, 1998, while Cody, walking along a rural stretch of road, passed Jim Wick's mobile home.
The youngster quickly found himself in the company of about 20 angry dogs, which began gnawing at the boy's flesh.
Cody, who played dead to induce the animals to leave him alone, lost his left arm and ear in the mauling. His scalp was nearly torn from his head.
Initially, authorities searched in vain for laws that would allow them to arrest Wick and prosecute him on felony charges. But there was no relief.
Under state law at the time, Wick faced misdemeanor charges because he was not present when the mauling happened. He faced a maximum penalty of six months in jail and a $1,000 fine. Prosecutors ended up sending Wick to prison on drug charges, Skillman said.
"We went through a lot to show factual proof that his dogs did the crime and we kept looking for a crime that would fit," he said.
Investigators built what appeared to be a strong case against the dog owner. A stuffed, human-shaped dummy, riddled with bite marks, was discovered in the man's yard.
"If you had a case today, that would be a great piece of evidence," Skillman said. "But there was no real law to cover it at the time."
Johannessen said Cody's Law is not bulletproof, but it's effective. "Some law had to be put into place because of the irresponsibility of these owners," he said. "It's a tool by which prosecutors can force the owners to take criminal as well as financial responsibility. And to that end, it works."
posted by Corey at 1:57 PM
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