Dog owners freed of fault; boy's mauling ruled an accident

The Hidalgo County Sheriff's Office will not pursue charges against the owner of a pit bull that mauled to death the man's 5-year-old nephew Wednesday evening, according to authorities. (Click here for more on this topic)

Investigators said they found no signs of negligence and described the death of Pablo Lopez as an accident.

"The more we investigate, the more we believe it was just a tragic accident," Sheriff Lupe Treviño said. "We'll package our investigation with my recommendation that no warrants be issued nor charges be filed."

Wednesday night the 1 1/2-year-old pit bull, Greco, flew into a rage at a dog that was walking past the family's house, according to witnesses. The agitated pet then tackled Pablo as the boy walked out the back door.

Pablo's aunt and his grandmother had sent him to his room to put away his books, witnesses said. But instead he apparently wandered outside to check on the dog he often played with and bathed.

Greco tore at the boy's torso and neck, quickly killing him. Deputies arriving at the scene shot and wounded the agitated dog at the gate of the family's fenced home.

The pit bull fled to a makeshift doghouse on the property. Copious blood stained the wooden pallets that comprise the dog's den Thursday.

"He never do this," said Pablo's uncle Isaac Hernandez, the pit bull's owner. "All the time the dog is real nice, but this is the first time and the last time, too."

Hernandez said he kept Greco chained in the backyard to guard his family while he is away working long hours and late nights at two jobs. Authorities also seized another dog the family owns that is part pit bull.

Hernandez and his wife, Susana Nieto, had been caring for five children, including Pablo, at the family's home north of Weslaco on North Beto Garcia Road, just north of the intersection of Mile 12 1/2 North and Farm-to-Market Road 88.

Pablo had been in their care for eight months; however, the boy's custodial guardian was actually his grandmother, who lives in the same home with them.

Pablo's mother lives in Washington state and was once investigated for negligence, said John Lennan, a spokesman for the Texas Department of Family and Protective Services. Investigators filed no charges in connection with those suspicions because the boy was being raised by his grandmother.

Pablo's father resides in Mexico. Family members and neighbors had said the boy's last name was Hernandez, but his surname on official documents is Lopez.

Thursday afternoon, the boy's uncle Hernandez stood near Greco's doghouse, clearly still shaken by the events of the previous night.

"I hate them. I don't want to see no more pit bulls in my life," he said. "I thought they would protect me and my family."
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Monitor staff writer Sara Perkins contributed to this report.
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Sean Gaffney covers law enforcement and general assignments for The Monitor. He can be reached at (956) 683-4434.