OAKLAND — The dog who bit two cops and security guard on the same day is dead, but his owner no longer faces criminal charges for the bizarre and controversial gnawing spree.
Rafael Rivas, 38, had been charged with four felonies after his dog bit two Oakland police officers who were attempting to detain Rivas and his two canines, hours after the same dog bit a Grocery Outlet security guard. But half the case was thrown out at Rivas’ preliminary hearing, and prosecutors dismissed the second half months later, ending the office’s latest attempt to hold a man responsible for the actions of his dogs, court records show.
Rivas had been charged with assault and failing to control a dangerous animal. The charges involving bites on two Oakland policemen failed to convince Judge Rhonda Burgess, who noted that Rivas was in an Oakland patrol car and had nothing to do with the dog attack. Rivas’ lawyers subsequently argued that the security guard falsely accused Rivas of telling his dog to “attack,” calling the whole thing a misunderstanding that may have been caused by the guard’s limited English.
“I do think it is unfortunate that the police officers were bitten by these dogs, but I think it’s unreasonable in the factual circumstance that was indicated here where the defendant made efforts to tie that dog up,” Burgess said, adding that Rivas was “nowhere near them” at the time.
Rivas was freed from jail after the Jan. 31 preliminary hearing, where Oakland police officers described the chaos that resulted as they found Rivas pushing his pooch in a stroller while another dog walked with them. The cops believed Rivas was the same man whose dog had bit a security guard earlier that day, sending the guard to the hospital.
But as Rivas surrendered, he tied his dogs to a fence. When police attempted to noose the animals, they wrangled free, then all hell broke loose. The officers pulled their Tasers and attempted to stun the smaller of the two dogs, who pirouetted between the cops’ stun guns and nooses, chomped down on Officer Vern Saechao and Sgt. Colin Cameron, and only then was captured. The second of Rivas’ dogs escaped into the night, never to be heard from again.
The captured dog was put down at the Oakland pound. Rivas’ lawyers had argued the animal was an emotional support dog and Rivas pushing it in a stroller demonstrated his strong attachment to the animal.
After two charges were dismissed — and Burgess reduced one of the remaining two counts to a misdemeanor — Rivas’ lawyers argued for a dismissal. They pointed out that the security guard, Georges Diedhiou, testified through a French translator and gave slightly different, but equally confident, versions of what Rivas had said. In one version he said “sick” and “attack” but in the second version it was just “attack,” though Diedhiou said he was certain of the “attack” part.
There were two problems with this logic, according to the defense: Rivas was eating ice cream with a spoon at the time. So both his mouth and his hands were decisively occupied, limiting his ability to either order the dogs to attack or to tug on their leashes.
“Given his limited English fluency, coupled with the fact that Mr. Rivas would have had a mouthful of ice cream at the time, Mr. Diedhiou likely misunderstood what Rivas said, if Mr. Rivas said anything at all,” Associate Deputy Public Defender Jenny Brandt wrote in court filings. Brand further argued that video of the incident showed that once the dog lurched forward, Rivas made efforts to secure his animals, thus contradicting the notion he wanted them to hurt anyone.
Prosecutors initially responded to the dismissal motion, but in June they came into court and dismissed the case “in the interest of justice,” according to the minute order.
Cases involving failure to control a dangerous animal are typically rare, but the Alameda County DA’s office has filed two, including Rivas’ case, in recent months. Last year, prosecutors filed similar charges against 58-year-old Brendan Burke, whose dogs attacked and killed a childhood friend, Robert Holguin.
But like in the Rivas’ case, the circumstances around Holguin’s death aren’t so straightforward. Authorities say Burke had attempted to get rid of his dogs because he believed they were too dangerous, but that they later broke out of his backyard and pinned Holguin underneath a vehicle. Burke has pleaded not guilty.