MILAM COUNTY, Texas (KBTX) – Two people were booked in the Milam County Jail this Monday after a group of dogs attacked and killed a woman, making Lillian’s Law effective.
Two arrested in 88-year-old Rockdale woman’s ‘canine mauling’ death
Joel Rubio, 61, and Terri Frank, 65, both of Rockdale, were charged with second-degree felony Attack by Dog Resulting in Death after their dogs mauled 88-year-old Delores Woolverton last December. The couple were held accountable for their pets’ actions with Lillian’s Law.
“Lillian’s Law is a law that criminalizes being criminally negligent about securing your dog, and if your dog gets loose, gets away from your property, and attacks somebody unprovoked and either seriously injuries them or kills them, then you are liable,” explained Shane Phelps, lead attorney with Shane Phelps Law.
Milam County Sheriff’s Office (MCSO) told KBTX Woolverton was killed after being mauled by seven dogs on the afternoon of Wednesday, Dec. 18, 2024, and the couple was arrested on April 7.
“We responded that day back in December, in reference to a report that someone had called in a woman who was being attacked by dogs. We arrived and she was already dead and began to investigate from there,” shared Brett Eberhart with MCSO.
The seven dogs located on the property where the woman was found were removed and secured, but a Justice of the Peace later ordered the dogs to be euthanized.
Rubio and Frank were charged and released on $20,000 bonds. The charges stem from a Texas law that holds dog owners accountable for dangerous dogs.
According to Phelps, not all owners are subject to their dogs’ actions. Lillian’s Law is written with elements that make the law applicable in certain cases.
“You have to be the owner of the dog. That’s one element you have to act with criminal negligence, which is a culpable mental state in Texas,” answered Phelps when asked how Lillian’s Law applies in certain cases. “Your dog gets away because you fail to secure your dog and it attacks somebody, and it’s unprovoked, and it causes serious bodily injuries or death.”
The dogs and the victim were found on a property that did not belong to the couple and the sheriff’s office determined at least one of the dogs involved in the attack had a prior history of an unprovoked attack.
Lillian’s law also applies to dog owners who know their animal is violent before an attack occurs.
“The fact that the two owners of the known dangerous dog had been already notified that it was a dangerous dog, and that stems from the fact that it attacked an [emergency ambulance] employee; that gave us the grounds to then follow through on Lillian’s law,” Eberhart added.
MCSO urged anyone who has been attacked by a dog to report the attack to the police to help officers keep records for investigations.
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