Defendant used another pit bull in a similar manner to keep the deputies away. That dog was sprayed with pepper spray and defendant fled into another room and locked the door. When the door to that room was kicked in, two pit bulls attacked the deputies and were pepper sprayed. An expert testified at trial concerning the dangerousness of pit bulls as a breed. Defendant appealed his conviction arguing that it was not proved that these particular pit bulls were dangerous or deadly.
Dogs fall within the second category.
A dog, while not inherently dangerous, may be a deadly weapon if the person in control of it uses it to attack or threaten a human and the dog is trained to respond to the person and is capable of inflicting serious injury. Here, the dogs were growling, snapping and barking at the intruding officers while struggling to break free of defendant's grasp. Expert testimony established that pit bulls as a breed are capable of inflicting great bodily injury or death. The prosecution was not required to prove that these particular pit bulls were capable of inflicting bodily injury or death. In face of the expert testimony concerning the dangerousness of pit bulls as a breed, what was lacking was any evidence to show that these particular pit bulls were an exception.