OAKLAND — The canine who bit two cops and safety guard on the identical day is useless, however his proprietor now not faces felony expenses for the weird and controversial gnawing spree.
Rafael Rivas, 38, had been charged with 4 felonies after his canine bit two Oakland law enforcement officials who had been trying to detain Rivas and his two canines, hours after the identical canine bit a Grocery Outlet safety guard. However half the case was thrown out at Rivas’ preliminary listening to, and prosecutors dismissed the second half months later, ending the workplace’s newest try to carry a person answerable for the actions of his canine, court docket data present.
Rivas had been charged with assault and failing to manage a harmful animal. The fees involving bites on two Oakland policemen didn’t persuade Choose Rhonda Burgess, who famous that Rivas was in an Oakland patrol automobile and had nothing to do with the canine assault. Rivas’ attorneys subsequently argued that the safety guard falsely accused Rivas of telling his canine to “attack,” calling the entire thing a misunderstanding that will have been brought on by the guard’s restricted English.
“I do think it is unfortunate that the police officers were bitten by these dogs, but I think it’s unreasonable in the factual circumstance that was indicated here where the defendant made efforts to tie that dog up,” Burgess mentioned, including that Rivas was “nowhere near them” on the time.
Rivas was free of jail after the Jan. 31 preliminary listening to, the place Oakland law enforcement officials described the chaos that resulted as they discovered Rivas pushing his pooch in a stroller whereas one other canine walked with them. The cops believed Rivas was the identical man whose canine had bit a safety guard earlier that day, sending the guard to the hospital.
However as Rivas surrendered, he tied his canine to a fence. When police tried to noose the animals, they wrangled free, then all hell broke unfastened. The officers pulled their Tasers and tried to stun the smaller of the 2 canine, who pirouetted between the cops’ stun weapons and nooses, chomped down on Officer Vern Saechao and Sgt. Colin Cameron, and solely then was captured. The second of Rivas’ canine escaped into the evening, by no means to be heard from once more.
The captured canine was put down on the Oakland pound. Rivas’ attorneys had argued the animal was an emotional help canine and Rivas pushing it in a stroller demonstrated his robust attachment to the animal.
After two expenses had been dismissed — and Burgess lowered one of many remaining two counts to a misdemeanor — Rivas’ attorneys argued for a dismissal. They identified that the safety guard, Georges Diedhiou, testified by means of a French translator and gave barely completely different, however equally assured, variations of what Rivas had mentioned. In a single model he mentioned “sick” and “attack” however within the second model it was simply “attack,” although Diedhiou mentioned he was sure of the “attack” half.
There have been two issues with this logic, in line with the protection: Rivas was consuming ice cream with a spoon on the time. So each his mouth and his arms had been decisively occupied, limiting his potential to both order the canine to assault or to tug on their leashes.
“Given his limited English fluency, coupled with the fact that Mr. Rivas would have had a mouthful of ice cream at the time, Mr. Diedhiou likely misunderstood what Rivas said, if Mr. Rivas said anything at all,” Affiliate Deputy Public Defender Jenny Brandt wrote in court docket filings. Model additional argued that video of the incident confirmed that after the canine lurched ahead, Rivas made efforts to safe his animals, thus contradicting the notion he wished them to harm anybody.
Prosecutors initially responded to the dismissal movement, however in June they got here into court docket and dismissed the case “in the interest of justice,” in line with the minute order.
Instances involving failure to manage a harmful animal are usually uncommon, however the Alameda County DA’s workplace has filed two, together with Rivas’ case, in latest months. Final yr, prosecutors filed related expenses towards 58-year-old Brendan Burke, whose canine attacked and killed a childhood good friend, Robert Holguin.
However like within the Rivas’ case, the circumstances round Holguin’s demise aren’t so easy. Authorities say Burke had tried to eliminate his canine as a result of he believed they had been too harmful, however that they later broke out of his yard and pinned Holguin beneath a automobile. Burke has pleaded not responsible.
