Trial opens in deadly dog bite case

Trial opens for father whose son was killed by family pit bull. Hennepin County Attorney Mike Freeman says the father has no remorse.

By ROCHELLE OLSON, Star Tribune

Last update: March 17, 2008 - 1:48 PM

Seven-year-old Zachary King Jr. wanted to play with the family pit bull, Face, tethered to a pole in the basement, but he paid with his life when the dog's jaws clamped down on his neck last August.

"Little Zack," as his family called him, died of asphyxiation in a "violent, vicious, brutal attack," Assistant Hennepin County Attorney Amy Sweasy said in her opening statement today. Hennepin County Attorney Mike Freeman is making an uncommon trial appearance to help Sweasy on the case.

Sweasy said the dog had bitten people, including Zack Jr., seven times in the years leading up to the death.

"Zack Jr.'s death was totally, completely avoidable and preventable," Sweasy said. Face was not a "docile" family pet and there was "no set of circumstances under which a child should have had access to the pet."

Zachary King Sr., who was upstairs asleep at the time of the attack, was charged with second-degree manslaughter in the case. He waived his right to a jury trial so a verdict will be decided by Hennepin County District Court Judge Kevin Burke, who is hearing the case.

Defense lawyer Craig Cascarano said nothing in the dog's history would have suggested such an attack. "Little Zack played with Face as his brother," Cascarano said.

He called the decision to prosecute King "wrong," likening it to prosecuting someone for tearing the tags off a new mattress. "This is a family that did everything they could to take care of their children," he said.

But something went horribly wrong at the family's north Minneapolis home, as evidenced by numerous bloody photos. With homicide Sgt. Nancy Dunlap on the stand, Freeman showed photos of the home as Dunlap described blood in the kitchen, the stairwell and the basement.

After Face killed the boy, King shot him. Freeman showed photos of the dog lying dead in a pool of blood, filth and feces, still tethered to a pole. He asked Dunlap whether she saw any food or water for the dog. She said she did not.

Sweasy said Face was chained in the basement for 17 hours without food, water, exercise or an opportunity to relieve himself. Meanwhile, the female put bull, Ginger, and her puppies roamed the home.

Dunlap also talked about finding a muzzle for the dog under a compresser in the basement. Both the muzzle and the leash were introduced as exhibits.

In his cross-examination, Cascarano focused on a hole in the drywall near the dead dog. He asked Dunlap whether any one had looked inside for a bullet or tested the blood around the hole. She said no. He asked her what she believed caused the hole and she said, "Zack Jr.'s head."

Animal Control officer Tom Doty, who also arrived on the scene, described blood on the ceiling at the home. Freeman asked him about the impact of keeping the dog on a short leash for so long. "A dog has one of two things it can do when it perceives a threat: fight or flee," Doty said. "When I saw the dog tied so close to the wall, the first thing I thought was -- aggression."

Cascarano asked Doty whether he had gone through the basement to determine whether there were remnants of food for the dog. Doty said if there was food, it could possibly have been under the blood.

Freeman, the elected head of the county attorney's office, said he's personally trying the case because "the death of this young man was totally avoidable. The father has shown no contrition and no acknowledgement of wrongdoing."

He noted that the King didn't train the dog or exercise him.

If convicted, sentencing guidelines call for King to be put on probation. He could be sentenced to up to 10 years in prison, although that is highly unlikely.

More than a couple dozen family members attended the trial, expected to last through Wednesday, in support of King. Some snickered when Burke ruled against Freeman on evidentiary matters.

Rochelle Olson • 612-673-1747

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