Dog owner charged with manslaughter after pet mauled man to death
A man in Wakefield has been charged with manslaughter and being in charge of a dog dangerously out of control causing injury resulting in death.
Lee Ellis, 55, of Calder Grove, has been released on bail following the incident on the old train line footpath off Blacker Lane on Saturday afternoon.
James Judge, 55, was bitten by a dog and later died in hospital, as Georgina Fishwick, prosecuting, told Bradford Magistrates’ Court on Tuesday that a bite to the back of his right knee had contributed to his death.
Fishwick said an initial post-mortem had been unable to determine the exact number of dog bites to Judge.
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Rob Fones, representing Ellis, said there had been ‘a verbal altercation in regards to right of way’.
“A German Shepherd dog seized as part of this investigation continues to be held in police kennels,” West Yorkshire Police officers, who attended the scene, said.
“The family of the 55-year-old man who died are being supported by specially trained officers.”
During Tuesday’s hearing, Ellis appeared in the dock wearing a grey sweatshirt and tracksuit bottoms, wiping his eyes and nose with a tissue.
He is set to appear at Leeds Crown Court next month on 16 September.
Under section 3 Dangerous Dogs Act 1991, ‘if any dog is dangerously out of control in any place, including all private property, the owner, or person for the time being in charge of the dog, is guilty of a summary offence’, according to the Crown Prosecution Service (CPS).
“It is for the prosecution to prove that an act or omission by the defendant, with or without fault, to more than a minimal degree, caused or permitted the dog to be dangerously out of control,” the prosecution guidance states.
“It is not necessary to prove recklessness or intent. It is no defence that the owner had no reason to appreciate that their dog might behave in this way.
“There must be some causal connection between having control of the dog and the circumstances of the incident.
“The offence becomes an aggravated offence, and triable either way, if the dog injures any person or an assistance dog while out of control.”
LADbible Group has contacted Lee Ellis’ legal representative for comment.
Anish Vij