Dog Owner’s Conviction for Murder Upheld – the Diane Whipple Case Again
The most famous defendant in a dog bite case has been found guilty again. Marjorie Knoller was the woman whose Presa Canario dogs savagely killed Diane Whipple in 2001. A jury in Los Angeles found Knoller guilty of every charge she was indicted for, including second degree murder. After the trial judge threw out the murder conviction, the case went back and forth on appeal. Once more, however, the courts have ruled against her. By taking her dogs out of her apartment on that fatal day, she “deliberately engaged in behavior that was a danger to human life.” On that ground, her conviction was upheld, and she faces 15 years to life in prison.
Knoller’s dogs had never bitten anyone. However, they had lunged, snapped and exhibited clear signs that they possessed a vicious temperament. Additionally, these were Presa Canario dogs — large, cattle-herding dogs that are regarded by many as being dangerous. The prosecutor conducted a “breed specific prosecution” in which he told the jury that Knoller’s crime happened minutes before her dogs attacked Whipple; he said the crime consisted of just taking those dogs outside Knoller’s apartment.
Those of you who own pit bulls and other dogs regarded as being dangerous have to take note of the Diane Whipple case. Even if your dogs have never bitten anyone, but have lunged, snapped and exhibited signs of aggression, you can find yourself facing the wrath of your community if they hurt or kill a person. In my book, there is no reason to take such a risk.
The sad thing is the number of people who actually want a dog that snaps, lunges, bites and is aggressive and uses their dog for protection or intimidation. And that attitude often goes hand in hand with that owner’s lack of regard for others’ safety. This includes lack of training, socialization and supervision of your dog and just plain ignorance about dog ownership.
The Whipple case may have significance for responsible dog owners, but I doubt irresponsible owners get it and we’ll continue to read about incidents that should never have happened.
jen brighton
August 25, 2010 at 3:15 pm
One of the most interesting and aggravating things I hear from the Whipple case is the comment people make about the dogs: they say “those pit bulls” when in fact the dogs that killed Ms. Whipple were Presa Canario dogs.
It underscores the fact that people don’t learn ANYTHING easily. One of the messages from the Whipple case should have been that one should never get a dog that one cannot handle.
Another important message was that if one sees a dangerous dog in one’s neighborhood, you should report it. The authorities were off the hook in the Whipple case, Ms. Whipple’s life was not saved, and the defendants might have gotten off scott free because nobody ever reported anything to animal control.
However, people reduced the entire trial to basically a series of cliches, including the cliche that the dogs were pit bulls when, in fact, they were not; the cliche that the dogs probably had been biting people, when in fact the dogs were only nipping and lunging at people; and the community’s guilt for not reporting anything to the authorities was simply forgotten.
Kenneth Phillips
August 27, 2010 at 3:15 am
Thanks once again for this website. I wrote you awhile back begging to differ, arguing that the Knoller case HAD set legal precedent but via my emotions I failed to see through the legal reality of the tragic incident. As happy as I am to see Knoller locked up, agreed, laws are still too murky to guarantee public safety. God forbid, if this were to happen again in even the exact same sequence of events, Robert Noel, who should be in jail as well, might also walk free again.
Great points about keeping the authorities in the loop as well. I have no problem threatening to call or calling the police the first time I see a dangerous dog off leash causing problems or even just roaming. Having grown up in the Bay Area I encountered blank stares and empty headed dog owners daily, a far cry from the responsibility displayed in smaller towns like Davis and Healdsburg. It is no surprise that Knoller and Noel just did what they wanted. People keep too much to themselves in the Bay Area. Constant vigilance is the key to never letting this tragedy happen again.
Concerned parent
August 30, 2010 at 7:49 pm
As a pit bull advocate, I thank you Mr. Phillips for pointing out that almost every dog that bites or maims is labeled a pit bull. As you state, the Whipple case is a prime example. I get so tired of hearing even dog owners say, “Oh, but it couldn’t have been a lab or golden retriever that attacked, they never bite.” And often it’s these folks who are letting their dogs run the neighborhood and do not abide the leash laws. I have met some pretty aggressive labs in my day. They are a very strong dog, as capable of doing harm as any other dog their size. My brother has always owned labs and they are great dogs, but then I maintain that most pit bulls are too. I also get tired of being told I don’t “look” like a pit bull owner. Sigh. Stereotypes get tiresome.
jen brighton
August 31, 2010 at 3:27 pm
I agree Ken, we need more murder/manslaughter convictions. Here are the Pit Bull fatalities in the US over the past 11 months. We also need defective product liability laws aimed at the breeders who produced these animals. No other dangerous product is immune from liability.
Mattie Daugherty
86 years old/McMinn County TN
September 3, 2010
Killed by daughter’s Pit bull
Jerry Yates
69 years old/Mountain Ranch CA
August 22, 2010
Viet Nam Veteran killed by tenant’s Pit Bulls
Tracey Payne
46 years old/S. Macon GA
August 19, 2010
Pack of abandoned pit bulls as she cut through the property where the dogs had been kept.
Jason Walter
7 years old/La Salle IL
August 2, 2010
Mother’s boyfriends Pit Bulls
Jacob Brisbee
2 years old/Concord CA
July 22, 2010
Grandfather’s breeding business
William Parker
71 years old/Memphis TN
July 20, 2010
Convicted sex offender’s pit bulls left with 19 year old girlfriend by police
Michael Winters
30 years old/Lorain County OH
June 15, 2010
Killed by Pit bulls and mixed breed dogs at “rescue operation”
Savannah Gregg
9 years old/ Kokomo IN
June 3, 2010
Family pit bull
Nathan Aguirre
2 years old/San Bernardino CA
May 27, 2010
Family pit bull
Thomas James Carter Jr.
7 days old/Port Richey FL
April 14, 2010
Family pit bull
Jane Doe
5 days old/Conyers GA
February 23, 2010
Family pit bull
Ethel Horton
65 years old/Lucknow SC
March 4, 2010
Died of heart attack while being mauled by Nephew’s Pit Bull
Christine Staab
37 years old/Philadelphia PA
February 20, 2010
Mother’s breeding operation
Anastasia Bingham
5 years old/Terry MS
February 12, 2010
Neighbor’s breeding/dog fighting operation
Johnny Wilson
56 years old/Chicago IL
January 17, 2010
Daughter’s breeding business
Omar Martinez
3 years old/Apple Valley CA
January 9, 2010
Family pit bull
Lowell Edison Bowden
70 years old/Lindside WV
Attacked November 27, 2009, died December 4, 2009
Neighbor’s drug dealing/Pit Breeding operation, Manslaughter conviction
Rosie Humphries
85 years old/Flora IL
November 30, 2009
Killed trying to save her dog from neighbor’s pit bull that had broken chain. Owner received $150 ticket under “Anna’s Law”
Destiny Marie Knox
16 months old/Union County MS
November 5, 2009
Baby sitter’s pit bull
Matthew Clayton Hurt
2 years old/Prescott AR
October 28, 2009
Neighbor’s breeding business
Colten Smith
19 months old/Delhi CA
October 23, 2009
Baby sitter’s pit bulls
Jasmine Deane
23 months old/Orange County VA
September 27, 2009
Family pit bull
Triple A Andy
September 6, 2010 at 9:13 am
Triple A, it’s obvious you are trying to prove a point that pit bulls are more dangerous, but what you prove is that most of the above individuals should not have owned any breed of dog.
There are so many studies out there and more being done that show that breed does not matter and BSL has done nothing to stop these attacks. We must do a better job of educating owners, parents and children on dog-human relationships. If these owners truly cared about their family, friends and neighbors, none of these incidents would have happened.
Tax dollars spent targeting owners of pit bulls and other banned dogs that have never had a problem would be more effective if used to stop these backyard breeders and drug dealers and target people who chain, starve and abuse their dogs. Focusing on one or two breeds is very counterproductive to solving the big picture, which is human safety.
jen brighton
September 7, 2010 at 4:21 pm
I think Triple A made a point. I would like to see the fatalities list by other breeds for the same period of time. Would the same theory apply to those breeds as well, that the owner should not have them? The point being that without regulation, these “owners” will continue to have pit bulls and pit bulls will continue to kill. Since pit owners don’t have a blazen “P” on their foreheads, the only thing that makes sense is to use the pit to identify. Then once identified, how will it be determined that the owner of a pit is not “qualified” to own one.
Don't Think So
September 10, 2010 at 2:26 am
Focusing on one breed of dog is like putting a Band-aid on a gaping wound, the point being that criminals and people who want a vicious dog will never adhere to the law and will move on to another large breed dog that can wreak just as much havoc. The reality is that law enforcement and most animal control agencies are unable due to resources and lack of funds to address bans, muzzling & fencing requirements, and spend too much time investigating dogs and owners that pose no danger, while other dangerous dogs and owners go undetected because the dog does not look like a pit bull.
Again, if you look at the majority of the owners and the dog’s situation behind each of the above incidents, you really need look no further. Here’s one by the dog everyone calls “Lassie”:
http://news.sky.com/skynews/Home/UK-News/Toddler-Joshua-Mann-From-Brockworth-Mauled-By-Familys-Collie-Dog-Gets-200-Stitches/Article/201009215724722?lpos=UK_News_Carousel_Region_2&lid=ARTICLE_15724722_Toddler_Joshua_Mann_From_Brockworth_Mauled_By_Familys_Collie_Dog_Gets_200_Stitches_
My point is that this dog, while not considered a vicious dog, was not socialized around children and this terrible incident to a 2-yr-old happened. This is the case in most pit bull attacks. The dog is chained or allowed to run free, not fixed, abused, not trained and not used to children.
Ironically because of backyard breeders, there are so many pit bulls and mixes out there owned by decent owners that there is a huge fan base for pit bulls and their owners are getting their dogs out and will stand by their dogs to show that they are just like any other dog with proper training and care.
At my local bookstore last week, while I was purchasing “The Lost Dogs,” a woman complimented me on my well-behaved male pit mix who was receiving a treat from the staffperson behind the counter. At the dog park and out on trails, I’m amazed at the number of pit mixes. It seems that about 50% of the dogs I meet now are considered to have pit in them. But without genetic testing, who’s really to say?
jen brighton
September 22, 2010 at 7:32 pm
Every Pit Bull breeder is a back yard breeder. This goes all the way back to the Great John R Colby who killed his nephew in 1909 and subsequently sold more than 5000 dogs from his documented man killing line.
Responsible Pit Bull ownership means “Never take your Pit Bull to the dog park” and “Always carry a breakstick”. Yet some have rationalized that other’s pets are expendable.
At what point can we expect the Pit Bull community to self-regulate? Advocacy alone isn’t working….as Pit Bull maulings and fatalities are accelerating.
Triple A Andy
September 23, 2010 at 11:09 am
Andy, the area I live in does not have the bite and mauling problems that I believe you have encountered. I truly believe poverty level has a lot to do with it. Even my area, though, must have many irresponsible breeders or owners since so many dogs in the shelter are some sort of pit mix. I don’t know the answer other than to target owners and for the law to force them to take legal responsibility for their dog’s actions. It seems to come down to three types: criminals who want vicious dogs and breed them for illegal purposes, people who want (need?) dogs for protection of their home, or uneducated owners who on a whim get a dog but do not train them on how to act with others, especially children, and who mostly ignore the dog otherwise.
At least advocacy groups are working on the education part of ownership and speaking with inner city kids about the fallacies of dog fighting. I personally am not able to take on dog breeders and fighters. I’ve never purchased a breeder dog and never would. I am more from the camp that no dogs should be bred until shelter dogs have a home. My opinions on pit bulls derive from the bully breeds I know and the friends that own them. They are awesome, loving dogs, both with humans and other dogs. I believe that the dogs must be judged accordingly and not lumped together. The good news is that in almost all 50 states dog fighting is illegal. Now if we just had the resources to prosecute them, including the people who bet on the fights. No bets, no fights. But we know that will never happen.
jen brighton
September 27, 2010 at 11:09 pm
Sorry Jen, the majority of Pitbulls or Pit mixes are walking time bombs as good and sweet as some of them are. They are simply too big and seen as too much of a status item by people and believe me poverty has nothing to do with it. Dogs are only as good as their owners and in case you have been living under a rock lately there are not that many good people out there anymore. They may get a dog with the intention of being good dog owners but it just takes one little coed who was too lazy to get a leash letting her dog roam over to you when you are getting your child into a stroller while she has her morning cigarette after a kegger than giggling “…oh she’s ok, she just wants to say hi to your baby. She’s friendly and like never bites.”
I have to aggressively and carefully confront idiots like this with threats of the police and they are nearly ALWAYS pitbull owners. I live in a mostly white, University town where nearly everyone is well educated or has or is getting a degree. The case in the UK, if you notice was NOT a fatality. There have been many a fatality in the UK and it is nearly always an illegal Pit or Pit/Staff Ban dog mix.
http://www.mirror.co.uk/news/top-stories/2010/07/02/killer-dog-gran-s-ban-115875-22376150/
http://www.thesun.co.uk/sol/homepage/news/2773403/Killer-dog-owner-carries-tots-coffin.html
Anyway, if a pit bull comes near me off leash it’s getting shot. No questions asked.
Dixie
October 7, 2010 at 4:04 am
Dear Dixie, hopefully you won’t miss the dog and shoot the owner or an innocent person and get sued. IMO, people who think guns are the answer to everything are as dangerous, if not more so, than loose dogs. You only have to look at the statistics.
I maintain that your thinking is skewed, but then that’s the beauty of our country–we each get to have our opinions and do our best to educate people. Our laws are obviously failing if dogs are running loose in areas that are not off leash. And I refuse to accept your claim that the majority of pit bulls are ticking/walking time bombs. That is a patently untrue statement. Try volunteering at a shelter that rescues pit bulls and then we’ll talk about which dogs bite the most and show the most aggression. Hint: it’s not the pit bulls.
jen brighton
October 11, 2010 at 6:33 pm
Okay, it does. Good, just wanted to check before I wrote a great deal and ended up losing it. First of all, I would like to COMMEND Jen. You are an intelligent, and open-minded, lady and I am so thankful that we have people like you as an advocate for the breed.
In response to Dixie; it’s sad that your mind is so closed minded. I guess I can’t blame you; you’re too easily taken in by society and the media, and are unable to think for yourself. It would be a great help if you actually took time to do some research instead of speaking with no knowledge. I assume you also believe everything you hear on the news, and avoid black people, Muslims, and the like, because they are a threat too? My point is, whether it be dog or human; to say you would ‘shoot’ one if it came near you makes you a highly ignorant, immature, and not to mention stupid, human being. Unfortunately, it is the animals who suffer for your ignorance. You really should do your research on the breed, but for the sake of argument, I’ll tell you a little bit about Pit Bulls. Right, here we go.
Pit bulls were originally bred to be fighting dogs and to take down bulls. They were chosen for several reasons, aggression NOT being one of them.
These reasons were;
A) they are very very very much ‘people dogs’ and will do anything to please their owner. This meant they were easy to train and handle and, while they were trained to maul other dogs to the death, they had to be friendly enough that the same bastard who beat and neglected them, could put his hand into the pit and handle the dog without being bitten. Any dog that did bite was immediately killed and never bred from. HENCE, human aggression was bred out of the dog. Many people, such as yourself, confuse human aggression in dogs with animal aggression. THEY ARE NOT THE SAME THING. Any dog showing human aggression is usually put down, whereas other animal aggression is normal, and must be trained out of them. I am fortunate enough that my beautiful Pit/Staffie cross loves other animals.
B) It is a myth that Pits have a lockjaw. Scientists have done their research and found that their jaws HAVE NOT got a lockjaw. They just have strong jaws and are stubborn.
C) They were bred for their ‘gameness’. Gameness is how stubborn they are and how likely they are to carry on a fight or something that is hurting them. This is not a desirable trait any more, and is often bred out of them.
D) Their athleticism and the fact that they have a high pain threshold.
Okay, now you know the FACTS, it’s time for some role play;
Imagine you’re a brand new, innocent, playful, loving Pit Bull puppy. One day, some ignorant youth buys you, thinking he can use you as a status dog and as protection. You don’t know, and you want to love him as best as your little puppy self can. You’re sorry when you wee on the carpet; you were just excited to see him. But he beats you and rubs your nose in it. He plays rough games with you, and praises you for growling and using your teeth. All you wanna do is please him, and he likes you to growl and be fierce. He beats you, with your own dog chain sometimes, whenever he loses his temper with you, and soon you cower in fear whenever he raises his hand. However, you still love him and want to be a good dog for him, so growl when he encourages you too. When you wag your tail and be happy, he ignores you
Soon, you grow up and you’re kept outside on a chain. ‘Dogs shouldn’t be inside’ he says, as he closes the back door, ignoring your sad little face. He doesn’t take you for daily walks, he often forgets about you. He takes you out to fight people. You don’t like it but you don’t want to get beaten, and you want to make him happy! Then, one day, he comes out and he takes you into the car. Your panting, happy face can be seen in the car window. Yay! Walkies! Then, he opens the door. You bound out playfully, and look behind you, expecting to see your master following. Oh no! Where has he gone! He’s driven off! Come back! You’re abandoned, cold and lonely. You’re scared.
That’s just a FRACTION of what Pits, Staffs and other ‘status dogs’ have to go through EVERY DAY. Often, far worse happens to them. They’re innocent little puppies and they’re either trained to be vicious, or neglected, and/or beaten. Then, they’re abandoned, end up in a shelter, and because of people like you; with NO facts or actual knowledge about the breed, just rumours and stereotypes, they’re overlooked again and again and again. Then, they’re euthanised because there isn’t any space. Just imagine. Put yourself in THEIR shoes. How do you think you’d turn out with a owner like that? Who either beats you or doesn’t train you? Huh? Tell me?
Breed Specific Legislation is a piece of CRAP. It’s a knee jerk reaction from politicians under pressure from hysterical, hormonal Mothers who watch too much BBC news and pseudo intellectuals who haven’t bothered to do their research on the dog, but want something to moan about. OPEN YOUR EYES. It targets the wrong people; the dog, and the responsible owners. Do you think the criminals give a shit about the law?!?! Do you think that they care when their dog is taken away from them and destroyed? No, they don’t. They just get another one, or they move to perfectly legal breeds who are just as dangerous. All it does, is make life harder to people like me and Jen, who are RESPONSIBLE owners and don’t fit into the stereotype of the ‘Pit Bull owner’. It is us who are suffering, and along with it, our amazing choice of breed. Go and work in a shelter for a day and maybe your mind will open a little. If not, there is no hope for you.
I wonder if you’ve heard about the Michael Vick case? Those dogs went through the most HORRIFIC abuse at the hands of a human being. Yet, only two had to be put down. The rest are the most loving dogs you could meet, and one is a therapy dog. I’ll show you the evidence.
I’ll leave you with a few links. Maybe you’ll do some research.
http://www.pitbull-chat.com/showthread.php?t=81211
http://www.pitbullsontheweb.com/petbull/legislation.php
^^Something to think about.
Carmen Rose-Locke
February 9, 2011 at 12:07 am