A Texas judge says a dog bite survivor should have received a harsher sentence for her crimes than the one she received.
The Texas Court of Criminal Appeals on Monday overturned the verdict of a jury that convicted 32-year-old Tyshawn Bose, who had to be hospitalized after being bitten by his dog.
In her ruling, Judge J.B. Brown said that while Bose admitted to biting the dog, he didn’t intend to hurt it.
“I believe the fact that Tysawn Bole’s biting the animal was not intentional, and he was not aware that it was an attack, is a substantial mitigating factor in the sentencing,” Brown wrote.
Bose’s attorney, Scott Brown, said he is pleased the ruling means he can move forward with a case that he believes is very important to him.
“The Court’s ruling sends a very clear message that this trial can move on from this horrific incident and that the criminal justice system will treat these crimes fairly,” Brown said.
He said he plans to appeal the decision to the state Supreme Court.
A dog owner’s video of the dog bite on May 31, 2017 in the city of Austin.
On Tuesday, Bose’s lawyers said the judge’s decision means they have more time to work on their case.
According to Brown’s ruling, Bade had no reason to fear for his life after being attacked by the dog on May 30.
However, Brown said Bose believed he was in imminent danger, and that his dog was attacking him.
During a preliminary hearing, BOSE’S lawyers argued the dog’s owner was negligent and should have known about Bose’ dog’s aggressive nature.
They said BOSE, who was recovering from a stroke and brain surgery, believed the dog was on his property and was being chased by other dogs.
Judge Brown said the victim’s attorneys could present evidence that BOSE could have been bitten and that he did not intend to harm the dog.
According to a news release from Bose lawyers, the victim and his mother are devastated by the ruling.