Dogs that killed 81-year-old had previously attacked man holding baby, TX suit says
Two dogs known to be a “significant threat to public safety” were released back to their owner after they attacked a man holding a baby in 2021, a Texas lawsuit said.
Less than two years later, the dogs escaped a yard and mauled an 81-year-old Air Force veteran and his 74-year-old wife, according to the civil complaint filed in U.S. District Court. Ramon Najera Jr. died of his injuries in February 2023.
Now, the widow is suing the city of San Antonio and City Attorney Andy Segovia, alleging that they are responsible for not deeming the dogs dangerous and allowing their release back into the community, according to court documents filed on Sept. 6.
“The responsibility for the actions of pets lies with the pets’ owners, and in this case the owners have been found criminally liable. The City has not yet been served with the suit. The City will investigate the claims and address them in the litigation if needed,” the City Attorney’s Office said in a Sept. 10 statement to McClatchy News.
The wife was leaving a friend’s home when one of the dogs jumped over a fence and started to attack the woman, the lawsuit said. Her husband got out of the car to save his wife.
The dog made Najera the “primary target,” and a second dog scaled the fence and joined the attack, according to the complaint.
Hearing the couple’s “frantic screams,” a neighbor tried to fend off the dogs with a rake, the lawsuit said. Other neighbors joined in, but the dogs continued to maul the couple even after police arrived, according to San Antonio police and court documents.
The couple and an EMS captain were taken to the hospital for injuries caused by the dogs, police said.
“The attack was nothing short of horrific, inflicting excruciating, bone-exposing bites and tearing skin and muscle from his arms and other parts of his body,” the lawsuit said. “Tragically, he succumbed to his injuries, dying in the most brutal and agonizing way imaginable.”
The dogs’ owners pleaded guilty to a charge of dog attack resulting in death in August, according to Texas Public Radio. Their sentencing is scheduled for Sept. 20.
Dogs had history of attacks, suit says
Najera’s family says the city did not take action despite the dogs’ history of attacks, according to the complaint.
People in the San Antonio community had been complaining about the dogs as early as August 2020, the complaint said. The dogs reportedly “engaged in threatening physical behavior to humans” and had attacked at least three other people, according to court documents.
In September 2021, the dogs attacked a man while he was holding a baby, the lawsuit said.
“The City did nothing and actively refused to appropriately investigate the incidents and dedicate the required resources to preventing future harm,” according to court documents.
One month ahead of the deadly attack on Najera, the lawsuit says the dogs were impounded by San Antonio Animal Control after an attack in January 2023.
The dogs were “deemed dangerous” by the city at the time, according to court documents, but were eventually released back to the owners.
Texas law says dogs are deemed dangerous if they make unprovoked attacks or if a person reasonably believes a dog will injure a person if they escape from their yard, according to a San Antonio Animal Care Services flyer included in the lawsuit.
The lawsuit demands a jury trial seeking damages for medical expenses, mental anguish and lost earnings.
This story was originally published September 10, 2024 at 5:22 PM with the headline "Dogs that killed 81-year-old had previously attacked man holding baby, TX suit says."
