Argentine sports journalist and commentator
Eduardo Lamzon once said,
"If a dog is a man's best friend,
it's a shame that our species is a dog's greatest enemy."
Hello and welcome to <i> Case Closed</i> .
Let's welcome out our first case.
Bring out the litigants.
Animals are kind, but my neighbor is the devil.
A small dog isn't a danger to an adult.
However, it can become a beast for a baby.
Hello and welcome.
Hello.
Jenifer, you're suing Juan Sebastian.
Why are you suing him and what are you demanding?
Hello, ma'am.
I'm here to sue this very cruel man for $10,000 in damages.
He viciously murdered my daughter's dog.
I was protecting my kids.
Hold it right there. Let me hear her out.
He killed you children's dog?
My daughter's dog.
She's nine years old.
I'll explain.
Six months ago we moved next door to him.
We're on the second floor of an apartment building
unfortunately next to him.
Everyone hates that dog.
So...
My daughter has a sitter who's always looked after her.
She even walks our dogs.
We've never had an issue.
-How many dogs to do you own? -Three.
I brought pictures of them. A yorkie and two schnauzers.
This is Tommy.
One of the schnauzers, right?
Yes. He's my baby.
This is Lucas.
He's very cute.
And this is Cariño.
Pardon?
His name was Cariño.
Was?
Yes, that was his name.
Another picture of Cariño.
I got him before I got pregnant
and he's always been in my daughter's life.
What happened?
Excuse me.
Well, on Saturdays I work as a dental assistant.
The sitter went out with my daughter to walk the dogs.
I'll be honest.
My daughter put his leash on and she didn't do a good job.
We live on the second floor and she was making her way up
when his wife and child stepped out.
Cariño was a yorkie. They're loud and excitable.
Loud doesn't cover it.
The child stepped out
and he kicked Cariño because he was being loud.
Cariño reacted aggressively and he grazed the child lightly.
It was just a scratch.
Is this how lightly looks to you?
I'm annoyed by the fact that you keep interrupting
while she presents her case,
like we're just having a conversation here.
We follow a structure.
She presents her suit
and even though everything she says may annoy you,
you should remain quiet, listen, and be respectful.
Once the floor is yours,
you will present your evidence and argument, all that.
Is that clear?
Don't let it happen again.
-Thank you. -The dog scratched his child.
Yes, he lightly scratched him.
I spoke to his wife.
She said they'd been to the hospital,
but that I had nothing to worry about.
At around 6PM the sitter took the dogs out again
because it's what she does before her shift ends.
She was with my daughter.
The dogs had their leashes on right
because we'd learned our lesson.
They dogs heard him coming and they took off.
My daughter got nervous and she let go of the leashes.
They made their way down and barked on the way there.
They weren't going to attack him.
They were going to pee.
Which was they're used to during these walks.
This heartless man kicked my dog three times
and sent him into a wall.
I was protecting my children!
He not only killed Cariño, he kicked Tommy too.
-He flew through the air too! -I did it for my kids!
My daughter hasn't slept since. She's traumatized.
I've tried everything! She's traumatized.
That's why I'm demanding...
Cariño died because he kicked him.
Yes, because he kicked him three times
and sent him into a wall.
A concrete wall mind you! We live in a condominium!
He viciously sent him into that wall.
-He died right then and there. -Instantly?
He broke all of his... I brought a report
from the veterinary hospital as evidence.
I was protecting my family, ma'am.
From a yorkie?
How much did he weigh?
About seven pounds. He was a miniature dog.
"The dog died due to the kicks
that severely injured his kidneys, ribs, and skull."
That's why I'm suing for damages suffered by my daughter.
He took away her dog, her world!
Did you contact the police?
At the time?
I did. I filed a report.
He wasn't charged because they considered it self-defense.
I don't know how the officers reached that conclusion.
I really don't.
The dogs were tiny.
Two schnauzers and a yorkie, ma'am.
How do you respond?
Hello, ma'am.
For starters, I'd like to apologize
because I'm not abusive towards animals.
Secondly, I've owned dogs before
and never had a problem with them.
I had them around while I was growing up.
I disagree with her demands because of the following.
First I'd like you to see what happened to my son.
He's three, ma'am.
It punctured my son's foot.
It tried to bite him, but it ended up bruising him instead.
It could've perforated one of his testicles.
I've also included the doctor's report.
That was what I found
-when I got home. -You may return.
Let's ta and my three-year-old was on my right.
He's the one that had been attacked.
The stairs are in a U-bend.
I was making my way upstairs when it happened again.
I noticed the dogs coming.
There were three of them,
including the yorkie that had attacked my son earlier.
It was bearing its teeth and displayed aggressive behavior
whenever he heard my kids speak.
The dog attacked your son after he kicked it, though.
My son is three.
If a three-year-old kicks a dog for no reason at all,
it must be because that's what he's been taught.
The dogs came towards us and my son freaked.
He asked me for help and my other son started crying.
I pushed him behind me to protect him
and that's when I kicked the dog three times.
You sent him into a wall and killed him!
The dog died then and there.
I took my sons upstairs
and afterwards the police wrote a report.
I showed them how it'd bitten my son.
I also showed them the medical report.
I also brought evidence...
showing that the police and the DA chose not to charge me.
Plus the police report.
It was considered self-defense.
You know what it's like to have kids.
-Any witnesses? -Yes, ma'am.
I brought the sitter and my daughter.
Bring out the plaintiff's witnesses.
I've come across similar situations, very similar,
and even though I'm a woman, I didn't kill the animal.
My son was bitten too.
I'm sharing this with you
because you've gotten me involved in your problem.
Now you know of my personal experience.
Name please?
Diana.
What's your name?
Pardon?
Yhoelmis.
How are you?
Not good.
Really?
Tell her what really happened.
-Shut up! -Don't talk to my daughter!
Don't talk to her again.
Please don't talk to her again...
or anyone else unless I ask you to.
Please.
You need to learn to behave.
You have a rage and anger management problem.
I did it for my kids.
Whom you're teaching to be just like you.
Sweetheart, tell me about what happened
when your dog bit your neighbor.
Well, I was holding their leashes.
They took off when they heard his voice.
I couldn't control them, so I let them go.
When they made their way down...
He kicked Cariño three times and sent him into a wall.
He killed him.
He also kicked Tom.
Okay.
Bring out the defendant's witness.
Hello.
-Name? -Indira.
And you are?
I'm their neighbor.
For starters, I want you to see this evidence.
Her dog...
It wasn't a tiny dog. It was a miniature wolf!
It bit my son after she first moved in.
What am I looking at?
The bite her yorkie gave my son.
Where?
His foot.
And?
She was blinded by that dog.
She wanted everyone to rally so Juan Sebastian would move out.
He was like a son to me.
Here's something I know about yorkies.
They don't really like children.
Yorkies don't like children.
That's not really it either.
If they're not around them much,
they think they're kids too and they bark...
and try to outdo the child.
If they're raised alongside children,
it reacts differently.
I've raised some on my own and some with children.
I know for a fact that they're small dogs.
Their bite isn't deadly.
I can understand that they can hurt a child
because they're small and their skin is delicate.
Any small bite could cause a laceration
like the ones in the pictures we saw.
It was also similar to what happened to my son.
I didn't kick the dog that bit my son, though.
It was a small dog.
I think... send in Mr. Leal.
The actions you took to avoid a tragedy
brought about an even bigger tragedy.
-He kicked him three times. -I don't know.
He's very aggressive.
The crime of cruelty against animals is...
I don't know why he wasn't charged.
There had been a previous incident...
I think that's what happened.
They didn't investigate that, though.
If she'd contacted the police during the initial incident,
then we would've had a different outcome.
If she had,
the police would've known the dog bit the child
because the child had kicked it.
The dog wasn't going to bite the child.
It was being playful.
The child kicked it and the dog defended itself.
That's a normal reaction.
What was a three-year-old going to do to a dog?
The key here is that you can be found guilty
if your actions are unintentional.
You'd be charged with a misdemeanor.
When you're intentionally seeking to harm, mutilate,
or kill the pet, then it becomes a first degree felony.
Those found guilty will receive a $2,500 fine
and will be required to attend anger management lessons
and undergo therapy.
Now, this was a no-action case.
He wasn't exonerated.
Meaning, she could press charges again.
Okay.
I think your reaction was excessive.
Simply excessive.
I also think you had other options
and that you didn't have to kick the animals all those times.
You were angry because of what'd happened earlier.
Know what really upset you, though?
That she called your wife
and your wife said it was no big deal
and your son was fine.
I think you were also angry with your wife.
-My ruling. -What if it had been your kids?
I grant you $5,000 for the loss of your dog.
It's final! Case closed!
We'll be back with more <i> Case Closed</i> after the break.
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