DAYTON OH - A TRIAL HAS BEGUN AND JURY SELECTION IS ONGOING IN THE INVOLUNTARY MANSLAUGHTER CASE OF KIMIKO HARDY WHOSE PIT BULL MAULED A 7-MONTH OLD BABY BOY TO DEATH
Jury selection is ongoing in the involuntary manslaughter case of Kimiko Hardy, whose 7-month-old step-grandson died in a dog mauling at her home in July 2014.
Hardy faces a maximum of 11 years in prison for the involuntary manslaughter charge and other felonies. Jury selection began Monday morning in the courtroom of Montgomery County Common Pleas Court Judge Mary Wiseman.
Opening statements likely won’t take place until Tuesday morning, according to court officials. When selected, the jury was to be taken to view of a location that will be referenced during trial.
Johnathan Quarles Jr., who was visiting from Indianapolis, was killed July 20, 2014, by Hardy’s dog at her residence at 2219 Riverside Drive in Dayton.
Hardy, who had worked as a nursing assistant and in home health care, also was bitten by her dog during the incident.
Wiseman ruled against a motion to suppress statements the defendant made to police. Hardy’s public defender, Susan Souther, made the request.
Hardy was “inconsolable, sobbing and hysterical with grief,” as she held the infant after the attack, according to court documents.
Hardy’s dog, Busa, had previously charged a letter carrier in April 2014, which led the worker to miss work for two weeks and the U.S. Postal Service to refuse to deliver mail to the home for six months, according to the prosecutor’s office.
Weeks before the fatal attack, Busa bit and attacked another dog in June 2014. Following the second incident, Hardy attended required classes at the Montgomery County Animal Resource Center on responsible dog ownership, according to the prosecutor’s office.
Montgomery County assistant prosecutor Lynda Dodd filed a motion intending to reference both previous incidents involving Hardy’s dog, including the warnings and education she received.
Souther also filed motions seeking for a dismissal of the case and to prevent prosecutors from terming Hardy’s dog as “vicious” or “dangerous” because the dog wasn’t labeled that way by any court prior to the incident.
In a response to a defense motion, prosecutors wrote: “By becoming a dog owner she assumed a duty to adequately control the dog. She failed, as a proximate result of this failure a baby was killed,” a motion stated. “When she brought a helpless baby into her home, she accepted another separated duty of care and protection, she recklessly failed that duty, and as a result a baby was killed.”
Johnathan Jr. was the infant son of Kashyra Hardy and Johnathan Quarles Sr. He was buried July 30, 2014, in Dayton. He died from multiple blunt force injuries, according to the Montgomery County Coroner’s Office.
After the boy’s death, Hardy’s dog was seized by ARC and euthanized in September 2014. READ MORE HERE........