Snake Kills Local Child.

Here in San Antonio a man was indicted for manslaughter.

About a year ago there was an incident where a Gaboon Viper got loose and found its way over to the neighbors carport. Their 5 year old son was out side playing. He saw the snake and reached down to touch it. He was bit and died before he could make it to the hospital. The snake was put down and the man was arrested. He is trying to make the case that he was not responsible for what the snake had did.

He got the snake online for $125.

What does everyone think about this does he deserve whats coming to him?

Texas does have laws about keeping non native venemous snakes but they are very vague.

IMO It is his responsibility to house the snake securely and he should be held responsible for the death of that little boy.

I agree. I think manslaughter or negligent homicide is an appropriate conviction based on the facts as you presented them. Gaboons are beautiful snakes, but I certainly don't want one roaming my neighborhood.

I say put a Gaboon Viper in his carport and let him get bit and see how it feels.

If he survives maybe he won't be so inclined to use the "It's not my fault" defense.

;)

I agree that he is responsible. It is one thing to have a firearm in a lockbox at home and have a teenage boy next door come over, find the key, unlock it and knock his own block off. But if you have a venemous snake, it escapes (that's your own negligence), and it bites someone, that's all on you!

What an asshat. Negligence embodied right there - he is definitely responsible.

Its people like this who mess things up for the rest of us.

I'm against keeping anything venomous snakes with a lethal bite, but if people must do it, it should be required that:

a) The neighbourhood be notified that a venomous snake is being kept
b) Some sort of tracking device be implanted on the snake
c) Some sort of proximity sensing device and alarm that sounds off if the snake ever leaves a designated area
d) An implant with embedded tranquilizer that can be released by remote control

I'm not sure how feasible d) is, especially considering the nervous system of reptiles (is it even possible to tranquilize them?), but a) to c) are readily doable and these extra precautions, on top of responsible husbandry, would help a lot to reduce some of the risks involved in keeping venomous snakes.

hhw, i agree with what you are saying, but think about it.
do you really think that that is realistic. Deffentily 100% not. There is no what you can have an alram system in the neighborhood to warn familes of the snake's escape. Im my opinon there shouldnt be any venomous snakes aloud outside zoo's. Its absouloutly unnessary(sp?) for a viper to roam a community, take it as if it was your son that was killed, or even your brother or friend, so if your for having captive venomous snakes, first put your selves in the shoes of the family that just lost a child due to some idoit who decided it would be cool to have a snake that could kill some 1.

As a matter of fact the only way they found out that the snake was his is because it had a microchip embedded under its skin identifying the owner.

does anyone know how it got out? it really couldnt of been his fault. we all make mistakes, and who knows. maybe there was something wrong with the enclosure.

Yes, but as the owner it is his responsibility to make sure that the enclosure for such an animal is "unescapable". I don't see any reason why a snake couldn't be fitted with something similar to the collars dogs use that go with underground electric fences that would both shock the snake if it crossed the barrier and cause a sign to light up to alert neighbors.

I believe the man is 100% responsible for what happened and should face the fullest consequences our law allows. If a person's dog gets out of the yard and attacks someone, that person is held responsible. If someone else is driving a car that is registered to you and they hit and kill someone...YOU are also held responsible for allowing them to drive the car in the first place. I don't believe he should be able to make a case about it somehow not being his fault.

Rex...if something was wrong with the enclosure...who's responsibility was it to make sure it was escape-proof? Who's responsibility is it to make sure that NO one else would have access to that cage and be able to open it? The owner. ANYone who wants to own a dangerous animal...be it a venomous snake, or a giant one, or an aggressive dog, or whatever...should be 100% ready to take full responsibility for ANYthing that animal does. If you don't feel you're responsible for what your animals do, then you are in no way ready to keep those animals. There is NO room for "mistakes" when dealing with animals like that.

/rant

Yea remember that lady in california whos dog attacked that young woman in her hall way. She got like 40 years.

Pfft. She served two, even knowing the dog breed is banned across a good bit of the country with good reason.

I was overexagurating. LOL

The man may face severe consequences in civil court after the criminal proceedings come to a close. A wrongful death suit will almost certainly be filed.

Problem is, if the laws regarding this are vague, his lawyer may be able to get him off relatively easy to what the child's family is going through.

Playing devil's advocate though, couldn't we come across a venomous snake at almost any time outside? I know there are LOTS of copperheads around here and I'm sure San Antonio has its fair share of hots in the area. I still think the man is 100% responsible, but his lawyers may take this approach in his defense. This is already a lose-lose situation no matter how it turns out.

I would agree that the keeper is at fault.
This is exactly why they make shows about how dangerous snakes are. No one cares about the fact that tons of people keep herps and deaths from captive herps are very rare.

Also would like to play devils advocate....
Was anyone watching the kid? I dont think Id let my five year old be outside by himself. There are some pretty sick people in the world just waiting to scoop up an unatended child...
(and obviously other dangers)

I don't think the laws are vague at all. If you own an animal, you are responsible for what that animal does. There are plenty of cut-and-dried cases out there to set the precedence. And while SA may have some native hot snakes, they are rarely, if ever, in the neighborhoods. If it were a wild snake that wandered in on its own, that would be one thing...but this man brought a deadly, non-native snake into the neighborhood...and because of HIS unconscionable negligence and irresponsibility...this family lost the most precious person in their world. There simply is no defense against that...and if this man's lawyers find a legal one, I for one will be fit to be tied.

I completely agree with you, Judy. This shouldn't be treated any differently than a case where someone's dangerous dog gets loose and assaults some passerby.

Did the man make a concious effort to locate the snake or warn his neighbors that it had escaped? I mean, I'd be scared to even MOVE if I came home, looking in my hot's enclosure, and saw that it was gone. Its truely sad that this man allowed the situation to get to that point. Truely negligent and irresponsible.

poor snake they killed it wy it wasn't rabid or anything it was only scared see they needed justice for something that wasn't even aware of what it did i think its the owners fault if your going to keep venomous snake you are resposible for making sure it doesn't get out i would be scared to death and make shure it didn't get out it would be in a steel cage i would never own one in the first place but others do it well and enjoy it just because i don't like it doesn't mean its wrong.

a venomous snake is a loaded gun that can move and fire itself plain and simple. Given, it's a beautiful gun - deadly none the less. I have no problem with keeping venomous snakes as long as it is done by responsible keepers that acknowledge the risk and maintain proper safety. It really does suck that they had to put the snake down but again - owner responsibility, but here we're just preachin' to the choir haha :)

One reason why I just like sticking to BP's.

Plus I would also like all the facts before I play judge, jury and executioner.

Oh, I woldn't execute the guy, Raj....just lock him up for a good long time. :evil:

judy, maybe i should have been clearer. i agree with the fact that he should take responsibilty for it, but the enclosure part i said wrong in a way. something could have happened with the enclosure during the night when he was asleep. i mean, lets face it, even the most responsible of us cant be there 24/7. i dont know exactly what could have went wrong with it, im just throwing the possibility out there.

I know what you're saying Rex....but I personally can't concieve of a circumstance that he wouldn't be responsible for. Except maybe a tornado taking out a wall and knocking over the cages. A dangerous snake not only needs to be in an escape proof cage (one that does not need to be watched 24/7) but also in an escape proof room...so that if something DOES happen and the snake gets out of the cage, it is still contained within the room. If that's too much trouble, then one should not have deadly snakes of any sort.

I am sure that he feels incredibly sad about what has happened. He released a statement in the news paper saying how sorry he feels and how he so much wishes he can bring that little boy back and how he wishes he never kept the snake. The frequents the place where i bought my BP's and where i get all my feeders from that guy brought in all his snakes venemous and nonvenemous alike along with 6 GTPs carpet pythons and 10 balls. He had 3 western diamondbacks and took them out to west texas. He said he was ready to accept any punishment that is to be handed to him.

Even though this guy is ultimately responsible for his herps this was still an accident but he is ready for what is coming. This guy sold his entire collection. Probibly for legal bills. If i were him i would plead guilty.