By Betsy Finklea
Last week, The Dillon Herald reported that a dog mauling case has been remanded for a new trial.
Opinion No. 4941 issued by the South Carolina Court of Appeals was filed on February 15, 2012. The appeal was heard on November 2, 2011.
Bentley Collins was convicted of involuntary manslaughter and three counts of owning a dangerous animal in the death of 10-year-old Matthew Davis. Collins was sentenced to five years for involuntary manslaughter; three years concurrent for two of the owning a dangerous animal charges; and three years consecutive suspended to five years probation on the third charge of owning a dangerous animal and $8,000 in restitution for Davis’ funeral expenses.
Collins appealed “claiming the trial court erred by (1) admitting seven autopsy photographs of the boy’s partially eaten body and (2) denying his directed verdict motions as to both crimes.”
The photos that were admitted “show the boy’s body after the dogs attacked and killed him.” The opinion states that the court finds “the probative value of the photos is minimal.” The opinion states that the “photos add little to the testimony of the witnesses.” The opinion says that “As to the elements of the crimes, the focus of the trial should have been on Collins’ conduct and whether his conduct was criminal in nature. The conduct of the dogs is important, but only to the extent the dogs’ conduct show Collins’ conduct. The photos are far removed from Collins’ conduct, and even farther removed from whether Collins’ conduct was criminal…In the practical context of the issues at stake in the trial of the case, these photos are of little significance.”
The opinion calls the seven photos that were admitted as “graphic and shocking.” It further states that “the pathologist described what the photos show, but seeing the photos draws an intense emotional response and a level of sympathy for the dead child that does not come from the testimony. It is difficult to look at each photo, and the combined effect of all seven is disturbing. The ph