A family is suing the Charlee Estates Home Owner’s Association after their dog is killed in an attack by other dogs in the neighborhood.
The owner of an 11-year-old Maltese named Toby says two pit bull mixes attacked and killed him.
The lawsuit claims that the two pit bulls were not supposed to be living in the neighborhood and claims they are banned by the HOA due to insurance liability restrictions.
The lawsuit claims the HOA knew about the pits living there and did not enforce the regulation.
WINK News spoke to Lourdes Francisco, the woman named in the lawsuit, who is the owner of the dogs accused of the attack. She said her dogs didn’t kill anyone.
Francisco said her dogs Mars and Blue are sweet as can be.
Francisco is named as a defendant in the lawsuit claiming her dogs attacked and killed the 11-year-old Maltese Toby on January 13.
The lawsuit calls the attacking dogs “Pitbull mixes.”
Francisco said her dogs did get away for around 10 minutes that morning but said they are not pit bulls, and they did nothing wrong.
“And they were walking around I don’t know what they did, but when they come out, they don’t come out with blood,” said Francisco.
Francisco said her dogs never attacked Toby.
Gloria Cabrera is Toby’s owner, she wasn’t available to speak, but her daughter described what happened.
“The dogs just first just goes and attacks toby on the neck. I’m like, ‘They killed my dog.’ Because when my mom was like that. She was bitten she was scratched even her skin was kind of torn off. It was punctured,” said Angela Arimune, daughter of the alleged dog attack victim.
Now, the family that owned Toby says they don’t feel safe in the Charlee Estates.
“Perplexed that there were dogs that they were not family friends, especially with so many kids and so many vulnerable people,” said Arimune.
Toby is not the first of Gloria Cabrera’s dogs to be killed in Charlee Estates. The family says their Maltese named Mickey was killed by another dog in 2011.
“We just heard the cries my mom just running with the dogs,” said Arimune.
Arimune said both attacks happened while her mom, Cabrera, was walking them in Charlee Estates.
“You’re going in your everyday life, walking around what’s supposed to be your safe neighborhood, as you can see with my daughter around,” said Arimune.
They want the property management company and HOA of the Charlee Estates to be held accountable.
The lawsuit accuses both of not enforcing the ban on pit bulls and other breeds and failing to protect the Cabrera.
The lawsuit also blames their neighbor, Lourdes Francisco, claiming her dogs killed Toby.
Francisco vehement her dogs didn’t kill anybody. “Sometimes they’ve been getting out sometimes from the house to outside. He was playing around next to another dog, and he never been attacked anyone, no people, no dogs.”
WINK News reached out to the property management company for the Charlee Estates, and they said they have no comment on the lawsuit.