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Criminal Law Keyed to Weaver
State v. Powell
Citation:
336 N.C. 762, 446 S.E.2d 26 (1994)Facts
Prevette, who was around five foot and one inch tall, and weighing ninety four pounds went on a jog. Powell owned two Rottweilers, one weighing eighty pounds and the other weighed one hundred pounds. Fainter and his wife upon coming home found Prevette’s body in their front yard and called the police. Prevette suffered multiple injuries across his body including puncture wounds, scrapes, torn away skin, broken ribs, and collapsed lungs. Prevette’s cause of death was found to be collapsed lungs, loss of blood, and choking, which were ultimately attributed to the results of multiple dog bites.
At trial multiple people testified that they saw Powell’s dogs and they were aggressive. An employee from the crime lab testified that six hairs were removed from Prevette were canine but he could not match it to a specific dog. A forensic employee testified that there was human blood on one of the dog’s collars, hairs, on the dog dish, on a part of Powell’s wall, and on Powell’s car seat. Another forensic employee testified that the dental impressions taken from the dogs were consistent with some of wounds on Prevette’s body. Multiple witnesses testified to seeing the dogs run loose on multiple occasions and that they were known for their aggressive behavior. Powell’s ex girlfriend testified that Powell abused the dogs. An animal psychologist testified that after a study of Powell’s dogs an attack on a person would be consistent with their behavior. An animal behavioralist testified for Powell that even though he had not evaluated the dogs he found the animal psychologist’s evidence and results ambiguous. Powell also had witness’s testify that the dogs were friendly and playful.
An ordinance stated that no dog should be left unattended outdoors unless it was restrained and restricted to the owner’s land, but the restraint and restrictions must be sufficient to adequately contain the dog, as well as preventing access to other dogs and children.
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