Here's why dogs involved in fatal San Antonio mauling were returned to owner after prior attacks

Even though the dogs were involved in earlier attacks, victims never filed a file a 'dangerous dog affidavit.'

click to enlarge ACS can only hold a dog accused of biting someone in custody for 10 days, after which the dog is returned unless the victim files a dangerous dog affidavit. - Shutterstock / Schmidt_Alex
Shutterstock / Schmidt_Alex
ACS can only hold a dog accused of biting someone in custody for 10 days, after which the dog is returned unless the victim files a dangerous dog affidavit.
The three pit bulls euthanized after a fatal mauling in Southwest San Antonio on Friday have been linked to three prior attacks on humans, the Express-News reports.

Despite the dogs' history, they were eventually returned to their owner, Christian Alexander Moreno, 31, after those attacks due to a technicality under state law, according to the daily.

Moreno was arrested Friday following the death of 81-year-old Ramon Najera, who died of injures sustained when two of the dogs attacked. The animals also seriously injured Najera's wife, Juanita “Janie” Najera, 74, and bit a San Antonio fire captain and another man trying to subdue them.

Only two of the three euthanized dogs took part in the fatal mauling, Animal Control Services Director Shannon Sims told the Express-News. However, he noted that all three of the canines were involved in at least one previous case in which a person was bitten.

The dogs were returned to Moreno after earlier attacks because the victims failed to file a "dangerous dog affidavit," Sims also told the daily.

ACS can only hold a dog accused of biting someone in custody for 10 days, after which the dog is returned unless the victim files a dangerous dog affidavit, according to the Express-News. If a victim does file an affidavit, ACS will conduct its own investigation into the canine's behavior to determine whether the animal poses further danger to the public.

If ACS concludes the dog is a threat, the owner will be required to obtain a $100,000 liability insurance policy and post permanent signs notifying the public that their dogs are dangerous, according to the report. What's more, the owner must get a special leash and muzzles marked with the words "dangerous dog."

ACS only knew of two of the previous dog attacks involving Moreno's dogs, Sims told the Express-News. The third incident, which happened earlier this month, only came to light after the victim identified the canine out of a photo lineup.

Najera's relatives have since launched a GoFundMe to help cover funeral costs and medical bills. The online fundraiser has pulled in more than $20,000 as of Tuesday morning.

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Michael Karlis

Michael Karlis is a Staff Writer at the San Antonio Current. He is a graduate of American University in Washington, D.C., whose work has been featured in Salon, Alternet, Creative Loafing Tampa Bay, Orlando Weekly, NewsBreak, 420 Magazine and Mexico Travel Today. He reports primarily on breaking news, politics...

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