Mother In Carteret Fatal Pit Bull Attack: Where Is The Justice?

CARTERET, NJ — The mother of the 3-year-old boy killed in the March 16 Carteret pit bull attack is speaking out, and reacting to the Middlesex County Prosecutor's decision not to file criminal charges in the case.

Additionally, two Central Jersey lawmakers are pushing a bill in Trenton that would make it easier to file criminal charges against a dog owner if their pet injures or kills a child.

"Nothing is being done and it is very hurtful," said mother Shabana Mohammad, who herself is recovering from being critically injured by the two dogs as she threw her body on top of her son's to protect him. "We have not gotten justice. I don't want any other family to suffer what we have had to go through."

"Why can't she charge them with negligence?" she asked of the county prosecutor. "If someone owns a gun and someone is hurt while they are in their home, who is responsible? The gun owner. When I'm driving in my car to Brooklyn and I get into an accident and hurt someone, who is responsible?"

"Really, if you can't be safe in your home, in your own backyard, where can you be safe?" said her sister, who did not want to be named for privacy reasons. "I have to hear my sister screaming at night for her son. I have to change her bandages and she can't even look at her wounds. It's not fair."

In a March 23 public letter, Middlesex County Prosecutor Yolanda Ciccone announced she will not bring charges against the dogs' owner, unless new evidence presents itself. Ciccone said her team investigated and found the dog's owner, who has not been named, did nothing criminal, either intentionally, knowingly or recklessly. She also said there had been no prior complaints made that the dogs were violent.

According to the town of Carteret, there were no calls, emails or any sorts of messages to the Mayor's office or the Health Department about the pit bulls. There was only one report of the two pit bulls running loose on Oct. 23, 2020; the dogs were not violent in that incident, were picked up by Carteret Police and were returned to their owner. The dogs were however, unlicensed with the town and the maximum fine for unlicensed pets is $2,000.

"The Carteret Health Department will suggest the maximum fine to the prosecutor, who will ultimately decide on the fine amount," said Carteret spokesman Jon Salonis.

But Mohammad said she lived in fear of the two pit bulls for months, ever since she and her husband moved into the small house on Laurel Avenue this winter. She also said she complained "multiple times" to the man who owned the dogs, who lives directly behind her. She heard the dogs barking "24/7," she said, and they scared her.

Mohammad said the two pit bulls constantly barked so aggressively that she was scared to go into the yard with her three sons, even though she and her husband had specifically bought the suburban home because they wanted a backyard. She said the dog's owner had signs up that read "Beware of Dog."

Mohammad's worst fears came true on the afternoon of March 16, when she and her three boys were outside playing in the yard. The two pit bulls (the family confirmed it was pit bulls, although other media reported it was a pit bull and a bull Mastiff) were confined in their yard on Birch Street. But they got into Mohammad's yard by digging a hole under the fence. Both yards meet and each yard is surrounded by its own set of fencing. The dogs dug under both fences.

Mohammad rushed her older two boys into the house, and threw her body on top of her 3-year-old sons as the dogs lunged at both of them. According to the family, it was one fatal bite that did the child in, as Mohammad bore the brunt of the attack. The little boy was buried in accordance with Muslim tradition and his head, neck and arms were bite-free as he was laid to rest a few days later, his aunt said. It was Mohammad's oldest son who called 911 from the window as he watched his mother and little brother be mauled. The toddler died after he was airlifted to Robert Wood Johnson University Medical Center in New Brunswick.

"My 10-year-old son has to live with the trauma of what he saw that day," said the mother. "And my family is basically broken because of this."

Her sister also pushed for the prosecutor to take action.

"There needs to be stricter laws for dog owners," she said. "The owners should have taken proper precautions. Why wasn't their yard better fenced in? If they knew they had young children around the block, if they knew their dogs were dangerous as they had a 'Beware of Dog' sign on their fence, isn't it common sense to have their fence be sturdier and stronger?"

The county prosecutor, speaking through a spokeswoman, said she "respectfully" would not be responding to the family's remarks.

The two pit bulls got out once before, in October, and were returned to their owner by Carteret Police. They were unregistered at the time, and their owner will have to pay a fine for having unlicensed pets.

Assembly Speaker Craig Coughlin and Assemblywoman Yvonne Lopez, both Democrats who represent Middlesex County, are backing a bill called the "Responsible Dog Ownership Act."

But it's still not immediately clear if that bill would help Mohammad and her family.

Should the bill become law, anyone who allows their dog to roam unleashed in a park "or other public area where a child may be present" — and if the dog seriously injures or kills a child — could be found guilty of a third-degree crime, MyCentralJersey reported. Assemblyman Benjie Wimberly from Paterson introduced the legislation; Coughlin and Lopez are co-sponsors.

“We will thoroughly review existing legislation and work with the sponsors on the best possible course of action," said Coughlin and Lopez in a joint statement provided to Patch. "Our sincerest, deepest sympathies go out to the family for the loss of their child in this unspeakable tragedy. No family should have to endure such pain."

On a GoFundMe for the family, an organizer wrote Monday: "It would greatly help the family if anyone who made prior complaints about these two dogs to the police, Animal Control, the town, etc. to please come forward. If you know someone who has, please forward their information as well."

This petition launched asking Prosecutor Ciccone to file charges has 20,000 signatures so far.

Ongoing coverage: Prosecutor: 'No Criminal Conduct' In Carteret Fatal Dog Attack

Aunt Of Carteret Boy Killed By Pit Bulls: File Criminal Charges

Mom In Pit Bull Attack 'Fighting For Life;' Boy Buried Thursday

Be the first to know what's happening in your town and area. Sign up to get Patch emails and don't miss a minute of local and state news: https://patch.com/subscribe Contact this reporter: carly.baldwin@patch.com