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Criminal Law Keyed to Dressler
Berry v. Superior Court
Facts
The Defendant lived next door to the Soto family, and they shared a driveway. The Soto family consisted of parents Arthur Soto and Yvonne Nunez and four young children. Among them was the victim, James Soto, age two years and eight months. The Defendant owned a pit bull named “Willy” that he kept tethered in his yard with no other barrier preventing access to him. On the date in question, the victim wandered away from his mother and into the Defendant’s yard. Willy subsequently attacked and killed the victim. There was no evidence that Willy had ever attacked a person before, but there was substantial evidence that he had been trained as a fighting dog.
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