Owner faces manslaughter charge in fatal dog attack
An Oklahoma City dog owner is facing a second-degree manslaughter charge after his five dogs fatally attacked a 60-year-old man.
Juan Marcos Diaz, 45, was charged Wednesday in Oklahoma County District Court. Prosecutors say Diaz is culpable for the death because he failed to keep the animals confined.
Edgar Brown was attacked Oct. 6 in the backyard at 2209 SW 38. Diaz’s backyard is directly north and a chain-link fence separates the two properties, police reported.
The dogs got into the neighboring property through a space under the fence, an Oklahoma City police detective reported in a court affidavit. Records described
each dog as a “pit-mix.”
Diaz said two of his dogs had been secured so they could not roam his entire backyard, but they managed to break free, according to the affidavit.
Diaz said the other dogs were allowed to roam the backyard since they were smaller, the detective reported.
Brown suffered numerous bites on both arms and legs. Some injuries were severe enough that muscle and bones were visible, police reported. Brown died Oct. 18. The victim’s brother, Dexter Brown, filed a negligence lawsuit against Diaz in April.
The lawsuit says Diaz “failed in his duty to keep his vicious, fierce and/ or dangerous dogs from assaulting Edgar Brown.”
Dexter Brown’s attorney, Noble McIntyre, said the lawsuit isn’t about money but about sending a message.
“Sometimes cases are about collectibility and sometimes cases are about accountability, and this is one that’s about accountability,” McIntyre said Friday.
“There’s no money in this for me . ... There won’t ever be any money. There’s no insurance policy.
“At some point, you have to hold these people accountable and send a message to the community as a whole that you’re not going to be able to hide behind the fact that you don’t have an insurance policy. You still are responsible,” McIntyre said.
“I’m going to go forward with the lawsuit for one purpose: to get a great big verdict, even though it’s not collectible, to send a message ... to other dog owners.” McIntyre said each dog was euthanized. The maximum punishment for second-degree manslaughter is four years in prison.