People v. Lindstrom CA3

BACKGROUND

I Factual Background Defendant formerly owned a pit bull named Red. According to his neighbor, Julian Salazar, Red “was outside running loose most of the days,” generally without supervision. Salazar often went outside “to make sure he wouldn’t hurt the kids” in the neighborhood and, on most days, when Salazar told Red to “go home,” Red complied.

2 But on one date in late 2016, he did not. After hearing Red barking outside in early November of 2016, Salazar became concerned “[h]e might hurt one of the kids” and so came outside and told Red to go home. When Red failed to listen, Salazar moved closer to Red and again told him to go home. But rather than return home, Red pounced on Salazar and knocked him to the ground. Salazar, who was nearly 90 years old at the time, yelled for help as Red bit his neck, his face, and the rest of his body. Eventually, Salazar’s stepson, who had been sleeping, awoke and came outside. He initially asked defendant to help, but, when defendant expressed concern at being bit himself and refused, he approached the dog and pulled him off of Salazar. Salazar was afterward brought to the hospital, where he remained for the next two weeks. He…