Reprinted from The State. Columbia, SC Thursday, September, 21, 2000

Dog owner acquitted of manslaughter in fatal mauling trial

The Associated Press CHESTER -- A pit-bull owner whose dogs allegedly attacked and killed another man was cleared of an involuntary manslaughter charge today. Frank Paul Speagle's lawyers contended there was no evidence directly linking the dogs to the December attack on John Mickle.

Jurors deliberated for a little less than two hours before declaring Speagle was innocent. Speagle did not testify at his trial but brought forth a series of experts and friends who said the dogs were docile and had not been known to attack before. Prosecutors contended Speagle should have known his dogs were a danger and presented witnesses who said the dogs bit them or attacked their car tires. The dogs were put to death after the attack.

"My dogs were never guilty of any crime, they were never vicious. Small children played with my dogs. I think now justice has prevailed," Speagle said. "I just want my reputation built up again. I was wrongfully accused and I was guilty before I ever came in any courtroom in the state of South Carolina."As the verdict was announced, Speagle reached back and grabbed his fiancee's hand while his family cried and cheered. Mickle's family was silent and would not comment on the verdict.

The trial had been moved from neighboring Fairfield County, where the attack occurred,because of pretrial publicity.Mickle's body was found stripped of his clothes, with numerous dog bites not far from Speagle's house. He had been out for a walk at about 2 a.m. on Dec. 4 when he was attacked, police said. No one saw the attack, though the state's witnesses said the bite marks were consistent with the teeth of Speagle's dogs and blood on their fur matched Mickle's.Given that, prosecutor John Justice said he was surprised that jurors also acquitted Speagle of two counts of possessing dangerous animals. Still, he said: "This lets dog owners know we are watching them. It shows we will prosecute cases of this kind."

Animal behavior expert Richard Polsky testified Wednesday that he had talked with people who knew the dogs and reviewed documentation on the case, and "there has been nothing suggested to me, even remotely, that these dogs were vicious." The two pit bulls, 14 months old and eight months old at the time of the incident, were younger than most pit bulls that develop vicious behavior, Polsky testified. Friends and neighbors also said the pit bulls were lazy and not aggressive. "All I ever seen them do is lay around," David Covin told the jury.

Dennie Speagle Marthers, Speagle's aunt, said her three children, ages 7, 9 and 11, played with the dogs -- even wrestled with them -- and described them as "very easygoing, kind of laid-back." However, Forrest Shirley, 75, testified that one of the dogs nipped his leg and he used hisbelt to fend them off in November 1999. A Navy recruiter said the dogs flattened his tires when he stopped at a nearby stop sign. Two witnesses, who signed police statements saying the dogs attacked a cat and a car,changed their stories on the witness stand.