Fatal mauling of boy, 3, may test pet-owner law

If Pierce County prosecutors decide to charge the owner of a pit bull that fatally mauled a

3-year-old boy this week in Lakewood, it could be the first test of the state's recently amended law governing owners' responsibilities for their pets' destructive behaviors.

Until June 2002, the law said that if a dog injured or killed someone, prosecutors could charge its owner with a felony only if the animal had bitten someone before or had been declared dangerous by an animal-control officer.

The new law states that owners can be charged if they knew or should have known the dog was dangerous.

Tom McBride, executive secretary of the Washington Association of Prosecuting Attorneys who helped draft the new language, said it would be relevant, for example, if a dog acted aggressively every time a child walked by its yard.

"Say you left your gate open one day and the dog ran out and hurt the kid," McBride said. "It might be appropriate to hold that person responsible."

McBride isn't aware of any cases tried under the new law. The standard punishment for violators is up to a year in jail, although a judge can impose up to five years based on factors such as the vulnerability of the victim.

Pierce County prosecutors said they might make a decision by late next week.

The attack that killed Tre'sean Forsman occurred at 11:45 a.m. Tuesday. Nashika Forsman, 24, had gone to do laundry at a friend's house in the 3200 block of 92nd Street South in Lakewood. Her son, Tre'sean, was playing in the back yard, where three pit bulls had been fenced in.

Forsman said she looked out the window and saw one of the dogs, a 58-pound male named Charlie, attacking her son.

"I saw my baby stripped of his clothes, and the dog was on top of him," she said yesterday. "I flashed out the door and picked him up, screaming. He held on. He lived for me all the way to hospital."

Tre'sean was pronounced dead at Mary Bridge Children's Hospital in Tacoma.

Pierce County sheriff's Detective Ed Troyer said investigators so far haven't found any previous complaints about the dog or the owner. Troyer said numerous people have told investigators that Charlie was raised around children and had not previously shown signs of aggression.

But the unlicensed dog has recent scarring and investigators don't know why, Troyer said.

Forsman said she fed the dogs once. She said her son had interacted with them on several occasions without incident.

"But (the dog owner) is still responsible," Forsman said. "He's the one who's supposed to make sure its brain is straight. If you're gonna own a vicious animal, that's known for being vicious, know how to take care of it."

The dogs did not belong to the homeowner, who was only caring for them. The dogs' owner left them at the house about a month ago, after he was forced to leave his own residence.

Tom Sayre, spokesman for the Humane Society for Tacoma and Pierce County, where the dogs are in custody, said it's difficult to track the history of dangerous dogs — especially whether they've been declared dangerous in another county.

Michael Ko: 206-515-5653 or mko@seattletimes.com