Contra
Costa (California) Times – “Concord grandfather found guilty in grandson’s
mauling by pit bulls” – April 11th, 2014:
In a rare legal procedure, Contra Costa Superior Court Judge John Kennedy decided 55-year-old Steven Hayashi's verdict, after Hayashi waived his right to a jury trial. Hayashi faces up to 10 years in prison.
A
judge Friday afternoon found a Concord grandfather guilty of involuntary
manslaughter and child endangerment in the fatal 2010 mauling of his toddler
grandson by three pit bulls -- dogs a prosecutor said their owner knew to be
vicious.
In a rare legal procedure, Contra Costa Superior Court Judge John Kennedy decided 55-year-old Steven Hayashi's verdict, after Hayashi waived his right to a jury trial. Hayashi faces up to 10 years in prison.
On
July 22, 2010, Hayashi's 2-year-old step-grandson, Jacob Bisbee, walked into an
unlocked garage after leaving him
unsupervised with his 4-year-old brother and sleeping wife. The three pit bulls
mauled the boy, who bled to death.
At
issue was whether Hayashi should have foreseen the attack, with prosecutors
saying Hayashi knew the dogs had killed two family pets and showed aggression
toward Jacob. Hayashi's defense attorney argued that his client believed Jacob
and his brother were left with an awake adult -- Hayashi's wife -- and that the
dogs had never attacked a person before, only animals.
In
explaining his decision, Kennedy said Hayashi did not check to see whether
Jacob's father had left for work or whether the toddler's door was open, didn't
confirm whether the children or his wife were awake and didn't lock the garage door before he left to play tennis.
Hayashi
was told numerous times by his wife and other relatives to get rid of the dogs
because they feared how they would react to the children, Kennedy said.
"But
as he told his wife, the dogs were his, and the children were his
step-grandchildren, and they should leave before the dogs," prosecutor
Mary Knox told the judge in her opening statement.
On
the day of the mauling, Hayashi's wife made the grisly discovery about 8:45
a.m. and called 9-1-1. The dispatcher could hear the dogs barking furiously in
the background, Kennedy said.
"The
likelihood one of the toddlers would get hurt by the dogs was high,"
Kennedy said.
Knox
argued that Hayashi had plenty of advance warning about the danger he was
placing the young boys in and said after court that Jacob's death was "a
completely avoidable tragedy."
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