Oct 16, 2008 6:50 pm US/Pacific
Woman Guilty Of Letting Pit Bull Attack Mailman
WESTMINSTER
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Moody was initially charged with a felony in connection with the attack
but a judge at the preliminary hearing reduced the charge to a misdemeanor, citing Moody's lack of a criminal record and that she did not direct the attack, Diaz said.
AP
A Westminster woman was convicted Thursday of a misdemeanor charge of allowing her pit bull to attack a letter carrier and ordered to give up her an Australian shepherd she owns, a prosecutor said.
Sheri Moody, 55, could have faced up to a year in jail on the charge of allowing a vicious animal at large, causing great bodily injury, said Deputy District Attorney Raymund Diaz.
However, Orange County Superior Court Commissioner Thomas Rees took into account her lack of a criminal record and that she played no role in ordering the attack, Diaz said.
The jury deliberated about a day-and-a-half before returning the verdict, Diaz said.
Rees also sentenced Moody to one year of jail but gave her the option of performing 240 hours of community service instead. She was fined $250 and ordered to pay restitution to be determined later, Diaz said.
"But the most important term of probation is that she cannot own any more dogs throughout the three years of probation," Diaz said. "She has to get rid of the Australian shepherd, Bandit, that she now has. The court felt she is a danger to the community with dogs."
Maggie, the 65-pound pit bull that attacked mail carrier David Carroll as he delivered mail next door to Moody's home on Sept. 4, 2007, was
euthanized, Diaz said.
Another dog owned by Moody, a pit bull and Australian shepherd mix named Brutus, was put to death after a Jan. 19, 2007, attack on 23-year-old Brittany Rhodes, an acquaintance of Moody's, Diaz said.
Rhodes suffered facial cuts that required cosmetic surgery.
Moody fought to save Brutus, but Orange County Superior Court Judge Daniel Didier determined that releasing him would create a significant threat to the public.
Bandit did not participate in either attack, Diaz said, but Moody had allowed her dogs to get out of her home on a regular basis and has had trouble corralling them, Diaz said.
She has a fenced backyard, but no fence around the front yard to prevent the dogs from leaving the property if they get out the front door, Diaz said.
Diaz said he believes the city may seek a longer injunction against Moody having a dog.
Deputy Public Defender Sean Raft could not be reached for comment.
Diaz said Moody fails "to accept any responsibility" for the dog's actions.
He said she also failed to follow up on training and recommendations from trainers she has hired.
Carroll, a 6-foot, 3-inch man, was knocked to the ground by Maggie and required stitches to close cuts on his head and face.
Carroll testified at trial, and told a judge during a victim impact statement that the attack is imprinted on his mind and he will never be the same again regarding dogs. He now delivers mail in an area of commercial buildings and apartments, where he has a lesser chance of encountering a dog, Diaz said.
Moody was initially charged with a felony in connection with the attack but a judge at the preliminary hearing reduced the charge to a misdemeanor, citing Moody's lack of a criminal record and that she did not direct the attack, Diaz said.
While the current case was pending, Moody tried to buy another pit bull from a group in Los Angeles, Diaz said.
(© 2008 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. Wire services contributed to this report.)
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