Mauling probe continues

D.A.’s office: death by dog cases are difficult to prosecute

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The investigation into the death of the Baldwin child who was mauled to death earlier this month is continuing, according to the Nassau County district attorney’s office, but severe penalties may be doubtful.

Meanwhile, an account for the family of Amiyah Dunston on GoFundMe.com, at https://www.gofundme.com/5q9bzvhw, continues to grow, topping $30,000 as of Monday.

Amiyah, 9, died on Nov. 8 when a pit bull attacked her while she was a visitor at a home in Elmont. According to Nassau County police, the dog attacked the Plaza Elementary School fourth-grader in the rear yard of the Holland Avenue home.

Police said that when they arrived at the house, two officers from the 5th Precinct entered the rear yard, while a third walked through the house and opened the back door. The dog released the girl and charged that officer, who fired several rounds, killing the dog.

Jed Painter, head of the animal crimes unit at the district attorney’s office, said that cases involving dangerous animals are difficult to prosecute. For a case to succeed in criminal court, it must be proven that the dog had been declared dangerous, Painter explained, and even in a case of severe injury or death, the crime would likely be classified a Class A misdemeanor. While a fatality occurred in Amiyah’s case, the dog had not been declared dangerous, so it, too, would be a misdemeanor.

Part of the explanation, Painter said, is that most animal crimes laws fall under the state Agriculture and Markets Law, which is an area not traditionally tied to penal law. And even if authorities believe they can raise the level of an incident to a crime, such as reckless endangerment, they need to find evidence of negligence. “It’s very restrictive,” Painter said.

Finding such evidence is difficult, too. “It’s circumstantial evidence,” Painter said. “You can’t interview a dog.”

The only person aware of how a dog is being reared or housed, or whether it is being abused, is its owner, he said. “Getting proof from an owner is very hard,” he added.

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