Florida law create challenges in Volusia County deadly dog attack investigation

Family members and neighbors in Volusia County are heartbroken and frustrated, questioning when the owner of two dogs that mauled an 8-year-old boy to death will be charged.Sheriff Mike Chitwood discussed the investigation during an interview Friday with WESH 2 News, noting that the state attorney will ultimately make the decision on charges.”We’re doing our investigation, and the state attorney, at the end of the day, is the one who’s going to make this call,” Chitwood said.The deadly attack happened in DeLand’s Berry Ridge neighborhood.Deputies captured the two dogs, a pit bull and a mixed breed, following the death of Michael Millet. The dogs are expected to be euthanized soon.As for the owner’s potential charges, attorney Aaron Delgado, who is not involved in the case, explained that Florida law presents two main possibilities: a felony charge if there’s evidence the dogs were previously deemed dangerous or a misdemeanor charge if there’s no prior record of dangerous behavior.”Even though it’s a horrible crime, and I can’t imagine a worse tragedy than what happened to that child. Unfortunately, the degree of tragedy doesn’t automatically make it a criminal offense,” Delgado said.Delgado added that if the owner knew the dogs could be dangerous and failed to act, prosecutors might attempt to build a case for culpable negligence, though he believes that would be challenging.Chitwood is urging neighbors to come forward if they have any information about past incidents involving the dogs.”They’re going to be looking at any kind of circumstantial evidence to show what the state of mind of the owner was, what kind of steps they took,” Delgado said. Chitwood also plans to advocate for changes to state law, which Delgado says hasn’t been updated since the 1800s.”My job will be once the state attorney makes a decision. My job is going to be to lobby the legislature to take a look at this statute,” Chitwood said. “Take a look at what happened to Michael and Michael’s family – is this fair?”The investigation continues as family, community members, and officials wait for the state attorney’s decision.

Family members and neighbors in Volusia County are heartbroken and frustrated, questioning when the owner of two dogs that mauled an 8-year-old boy to death will be charged.

Sheriff Mike Chitwood discussed the investigation during an interview Friday with WESH 2 News, noting that the state attorney will ultimately make the decision on charges.

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“We’re doing our investigation, and the state attorney, at the end of the day, is the one who’s going to make this call,” Chitwood said.

The deadly attack happened in DeLand’s Berry Ridge neighborhood.

Deputies captured the two dogs, a pit bull and a mixed breed, following the death of Michael Millet. The dogs are expected to be euthanized soon.

As for the owner’s potential charges, attorney Aaron Delgado, who is not involved in the case, explained that Florida law presents two main possibilities: a felony charge if there’s evidence the dogs were previously deemed dangerous or a misdemeanor charge if there’s no prior record of dangerous behavior.

“Even though it’s a horrible crime, and I can’t imagine a worse tragedy than what happened to that child. Unfortunately, the degree of tragedy doesn’t automatically make it a criminal offense,” Delgado said.

Delgado added that if the owner knew the dogs could be dangerous and failed to act, prosecutors might attempt to build a case for culpable negligence, though he believes that would be challenging.

Chitwood is urging neighbors to come forward if they have any information about past incidents involving the dogs.

“They’re going to be looking at any kind of circumstantial evidence to show what the state of mind of the owner was, what kind of steps they took,” Delgado said.

Chitwood also plans to advocate for changes to state law, which Delgado says hasn’t been updated since the 1800s.

“My job will be once the state attorney makes a decision. My job is going to be to lobby the legislature to take a look at this statute,” Chitwood said. “Take a look at what happened to Michael and Michael’s family – is this fair?”

The investigation continues as family, community members, and officials wait for the state attorney’s decision.

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