Jail for soldier after illegal dog killed nephew

A soldier who owned an illegal breed of dog which attacked and killed his four-year-old nephew has been jailed for four months.

John-Paul Massey suffered multiple injuries when he was savaged by the family pet at his grandmother's home in Liverpool last November.

His grandmother was injured as she battled to rescue the boy and police, who had to distract the dog to allow medics to reach him, were later forced to shoot it.

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The boy's uncle Christian Foulkes, 22, admitted owning the pit bull, called Uno, last month.

District Judge Miriam Shelby told him yesterday: "I know you are aware of your own culpability and the events of that night will stay with you for the rest of your life.

"But it is clear that this case – the death of your nephew – was entirely the result of your actions and your negligence."

Foulkes also admitted owning and breeding a pitbull bitch, named Lita.

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He was jailed for four months, concurrently, for each of the three charges.

The uncle showed no emotion as the sentence was handed down but later appeared to be in tears as he was taken down to the cells.

He was supported by several relatives, including John-Paul's mother, Angela McGlynn.

A letter from Mrs McGlynn was handed to Judge Shelby before the sentencing.

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John-Paul was killed early on November 30 after waking up in the night while staying at the home of his uncle and grandmother, Helen Foulkes, 63.

Foulkes, of Ash Grove, Wavertree, Liverpool, was away at Catterick Garrison, in North Yorkshire, after joining the army just weeks earlier.

Joanne Parsons, prosecuting, told the court the little boy had woken up at around midnight and said he was hungry so his grandmother went to get him a packet of crisps.

Ms Parsons told the court: "By the time she returned, John-Paul was already back asleep so she opened the crisps to give them to the dog.

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"As she did, Uno pounced at John-Paul. She tried to force the dog off her grandson and was attacked herself as a result."

Uno did have a kennel outside the property but was allowed to sleep indoors.

Ms Parsons described Uno as a "powerful dog" and said police had to distract the animal before ambulance staff were able to enter the house and treat John-Paul and his grandmother.

It was later decided by police to destroy Uno and it took two bullets to kill the dog, Ms Parsons said.

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A vet who carried out a post mortem on the animal commented on its "immense muscle mass and definition".

The court was told Uno and Lita were split up because the family felt Mrs Foulkes was unable to look after both while her son was away with the Army.

Lita died when she was knocked down by a car a day after John-Paul was killed.

A post-mortem found that, at the time of her death, she was pregnant with 11 pups sired by Uno.

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A third dog, named Lucky, had also been kept by Foulkes but was killed by the other two, the prosecution said.

Mark Ellis, defending, said Foulkes, who has previous convictions for wounding and possessing an offensive weapon, had suffered "a nightmare of epic proportions".

He added: "He desperately wishes he could turn the clock back but in reality all he can do is offer a heartfelt and sincere apology."

Ten months before John-Paul was killed, Merseyside Police had received a complaint from a housing officer about dog breeding at the Foulkes' home.

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But the force's call centre operator wrongly told the caller it was "not a police matter" and the complaint was never followed up. The matter remains under investigation by the Independent Police Complaints Commission.

Police have charged Helen Foulkes, 63, of Ash Grove, Wavertree, with keeping a dangerous dog following the death of John-Paul at her home.