The mother of a 10-year-old boy who was killed by an aggressive dog weighing nearly 100 pounds has said the sentences given to those responsible for its care are "not even close to justice". Jack Lis' mum Emma has launched a petition calling for the jail sentences to be reviewed.
Jack was killed by an XL Bully on November 8 last year after his school friend invited him into his house in Penyrheol, Caerphilly, to meet the new family dog. The animal, named Beast, had been captured on CCTV in the days before the incident jumping up and attempting to bite people in the street, a crown court later heard.
Beast's owner, Brandon Hayden, was eventually sentenced to four years and six months’ imprisonment while Amy Salter, who was asked by Hayden to take care of the dog at her home, was sentenced to three years imprisonment. Both were banned from owning a dog indefinitely.
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Jack's mum Emma Whitfield said she believes the sentences the two people responsible for her son's deaths received are "not even close to justice". Her petition can be found here.
“Deep down I’m not sure whether I will ever get the chance to appeal but I have to do everything in my power to try," Emma said. "If I don’t I will feel as though I have failed Jack.
“For Brandon Hayden the courts said it was medium culpability because the dog wasn’t used as a weapon or for intimidation. If that dog can’t be deemed intimidating I really don’t know what can.
“We’ve all seen the CCTV. The dog doesn’t take its eyes off that child for a very long time and it lunges at people. I wouldn’t ever want to even walk past that dog. To tell me that’s not intimidating is surely not right.”
After finishing school on the day of the attack, a court heard Jack was invited to see the dog when no adults were present. Jack was initially nervous of Beast but having been reassured of his safety he went up to the dog to give him a stroke. But Beast violently jumped up with his paws out and sent Jack crashing to the floor before proceeding to fatally attack him.
Brandon Hayden, 19, of Pen y Bryn, Penyrheol, purchased Beast on November 3 having responded to an advert on Facebook. The seller said the animal was not good with other dogs but Hayden agreed to take ownership of Beast on the understanding it was prone to aggressive behaviour.
Despite his house being too small for Beast and his father too ill to look after him, Hayden went forward with the deal, viewing the dog as a status symbol. He asked friend Amy Salter if she would be willing to keep the dog at her house. Salter, 29, then of Pentwyn, Penyrheol, initially rejected the request having felt nervous of Beast's size but later relented and agreed to let Beast live in her home.
In the days leading up to Jack's death, Hayden and sometimes Salter could be seen hanging around outside the Top Shops in Penyrheol with Beast in tow. On several occasions the dog was recorded on CCTV lunging and barking at people in the street.
In a number of incidents, Beast attempted to attack and sometimes bite passers-by as Hayden and Salter looked on and laughed. The dog also frightened children, with one boy abandoning his scooter in fear the dog would bite him. Hayden was hardly able to keep the animal under control as it pulled and strained on the lead.
Hayden was sentenced to four years and six months detention in a young offenders' institute and Salter was sentenced to three years imprisonment. Both were disqualified from owning or keeping a dog indefinitely.
"To think he’ll be out in a couple of years for good behaviour,” Emma said. “He got four years and six months because some of the charges will run concurrently. I don’t want to say ignored but some of the charges seem to have not been acted on.
“Amy Salter stood laughing while that dog lunged at people and even children. She let it into her house with no protection for the dog and no protection for people from the dog. Why does she get away with one and a half years in prison?
“When you break it down like that, how is that justice for the death of my son? It’s not even close to justice.
“No sentence will ever be enough. But I do definitely think more could have been done.
“This is why I need to try and appeal. I hope the response to the petition can show how much support we have and how many people disagree with the sentences passed.”
Emma has published a petition online asking for support in seeking an appeal for the sentences for both Hayden and Salter, which you can see here. She told WalesOnline she believed justice had not been done and she felt “completely raw”.
“I’ve spent days since the sentences were passed sifting through research and reading through guidelines,” she said. “I was told immediately after the sentences that because they fell within the sentencing guidelines there was no chance I would be able to appeal."
At home with her partner and their nine-year-old son, Emma described her emotions as “still very raw”.
“We’re just plodding on, I don’t know how else to express it,” she said. “It’s still very much about taking it one step at a time, day by day for us.”
Emma said she had never met Hayden or Salter but knew her son played along Pentwyn because he had many friends on the street. She said had she known about the dog there is “no way on Earth” she would have allowed Jack into the house.
“I had no idea who Brandon Hayden was,” Emma added. “I had seen Amy Salter before around the school while picking up the kids, but had never spoken to her.
“I knew the type of people who hung around that shop and I stayed well away. Those people you see in the CCTV are always around there. It’s that kind of thing.
“I’m a quiet person and hadn’t met many people in the area prior to all of this, even though I’ve lived here 11 years, but have since met a lot of people and spoken to them.
“Without a doubt if I knew anything about that animal there is no way on Earth Jack would have gone in there. We always talked with the kids about how to stay safe around animals.”
A spokeswoman for the Attorney General said: “The Solicitor General offers his deepest sympathies to the family of Jack Lis for their devastating loss. Although the Law Officers have the power to ask the Court of Appeal to review certain sentences which appear to be unduly lenient, this power only applies to sentences imposed for a limited number of offences which are specified in legislation.
"The offences for which Brandon Hayden and Amy Salter were sentenced are not offences to which the scheme applies. It is therefore not possible for the Law Officers to refer these sentences to the Court of Appeal for review.”
Emma said she is continuing to explore other avenues on how she could appeal the sentences, and she thanked those who have reached out in support of her and her family since Jack’s death. The Ministry of Justice has been contacted for response.
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