MODESTO, Calif. — Though she was small in stature, great-grandmother Chanthy Philavong was a larger-than-life figure.
For the last two months, her family and Modesto's Laotian community have been mourning the loss of their matriarch, after she was attacked by her neighbor's two large dogs on Aug. 31.
However, the Stanislaus County District Attorney's office will not bring charges against the owner. It's a decision Philavong's family has called an "injustice."
"She was the rock, the matriarch, the main focus of our family," her granddaughter Ashley Kommavong said. "Nothing will ever be the same without her."
The 93-year-old Philavong was rushed to the hospital after being attacked by the two Cane Corsos. She did not survive her injuries.
In a statement to ABC10, the Stanislaus County District Attorney Jeff Laugero the evidence was insufficient for criminal charges. In a statement to ABC10, he said:
“After a thorough investigation by the Modesto Police Department and review of the case by the District Attorney’s Office, there is insufficient evidence for criminal charges to be filed against Kareem Morrell, the owner of the dogs that killed Chanthy Philavong. Detectives conducting the investigation, which included a search for prior attacks or bites by the dogs, a canvas of the neighborhood and social media posts, witness interviews and review of camera footage, found no evidence to support criminal charges. As tragic as these cases are, in order for the owner to be criminally liable, the owner must have some prior knowledge or notice that the dogs are dangerous and would act in such a manner. Here, there was no evidence that the dogs had previously bitten anyone or that the dogs were trained to be vicious or attack people. The decision not to file charges and the reasons behind it have been shared with the family. Though we are ethically bound to follow the law, we recognize the devastating loss the family has endured and they have our deepest condolences.”
Defense attorney Allen Sawyer was a prosecutor in neighboring San Joaquin County in the 1990s and has worked on similar cases. ABC10 asked him to review this case.
"Here, there's absolutely no history or nothing that could be imputed to the dog owner that they should have known that this could have happened," Sawyer said. "Criminal law doesn't punish accidents or people that behaved appropriately. It doesn't mean there wasn't a horrible outcome here."
It was a horrible outcome, and a prosecution decision that Philavong's family can't fathom.
"Someone has to be held accountable. It's not right," Kommavong said.
The dogs will face consequences. They are now in the custody of the county animal shelter, where they await "abatement."
"They will be humanely euthanized because they are inherently dangerous animals," Sawyer said.
But that's little comfort to Philavong's family, who now face a life without their matriarch.
"When the kids ask, ‘Where's grandma?’ That's what we're gonna have to deal with, unfortunately," Kommavong said.
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