Pit bull owner fined $10,000 for mauled boy’s injuries
A St David’s man whose pit bull mauled a nine-year-old boy has been fined $7,000, and ordered to pay an additional $3,000 to the victim.The unlicensed dog has also been seized by the Department of Environmental Protection, and put to sleep. Gary Blackwell, 22, of Cove Valley Lane, initially pleaded guilty in Magistrates’ Court on April 29.He was charged with keeping a dangerous dog, two counts of keeping unlicensed pit bulls, and with keeping a total of three dogs on his property without permission.Arnezha Astwood, from the property next door, had gone into Blackwell’s back yard on April 27 to retrieve a ball. Blackwell opened the door to let his mix breed pit bull, Max, outside to relieve itself.Before he could secure the animal, it attacked the boy, biting him on the face, chest and leg. The wounds required surgery.Appearing for sentencing in Magistrates’ Court yesterday, Blackwell initially tried to change his original guilty plea for the April 27 offence.“I know I’m wrong for keeping illegal dogs on my property, but until this day I never bothered this kid,” Blackwell told Senior Magistrate Archibald Warner.“I think he was there to tease the dog. They get a high off teasing the dog. It happens at least three times a week.”Mr Warner told Blackwell: “I hear you. But the last time you were here you were all remorseful, and that’s what I want to hear now.”Defence lawyer Kamal Worrell tried to persuade the magistrate to allow Blackwell to change his plea to not guilty, and take the matter to trial arguing that there was a long history of children taunting his client’s dogs.“People get injured by dogs because of their own provocative actions, and their own unreasonable behaviour,” Mr Worrell said.While the law makes some allowance for provocation between humans, Mr Warner said he was unsure how it would apply to dogs. Blackwell’s original plea of guilty would stand, he said.Crown counsel Robert Welling then told the court that although the young victim had been uninsured at the time of the attack, the Bermuda Government had covered all his medical expenses. Blackwell would be liable only for $62.75 in antibiotics, and $97 to pay for the boy’s torn clothes and shoes.Mr Welling added: “Section 70 of the Dogs Act has resulted in these dogs being forfeited, and they have since been destroyed.”After listening to Blackwell’s final remarks, Mr Warner fined him $4,000 for keeping a dangerous dog, $1,000 each for keeping a male and female pit bull on his property without a license, and $1,000 for keeping three dogs without permission. The fines must be paid in monthly instalments of $1,000 until December.Blackwell must pay also $3,000 in compensation to Arnezha Astwood, plus the $159.75 in additional expenses.“I don’t have that type of money,” he said. “I don’t even have $1,000.”Mr Warner gave him until June 1 to pay compensation.Speaking afterwards, Blackwell said: “Three times a week, children came and went to my dogs, teasing them. They knew the dogs were there. I kept my dog chain right there by the back door and I always used it. And I was always telling them to stop tormenting my dog.”He said he owned the animals for protection because of frequent break-ins.However, Arnell Astwood, the mother of the injured boy, responded: “He’s a liar. That’s a lie. My son never messed with that dog.”The family have maintained that Arnezha had gone into the yard to get his football back.Moments later, she heard him screaming that he was being attacked.Ms Astwood, who had not attended that day’s court hearing, said she was simply glad that the petition for a trial had been turned down.“The dogs are dead, that’s the main thing. I’m just glad it didn’t have to go to trial. Why should my son who is just nine years old have to relive that? I consider this over and done with.”