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

CARTERET, NJ — Middlesex County Prosecutor Yolanda Ciccone said, at the present time, her office will not be bringing criminal charges against the owners of two pit bulls that attacked and mauled a mother and her toddler son on March 16, killing the three-year-old child and badly injuring the mother.

Ciccone announced her stance in a public letter released March 23. As of now, the only charge the dog owners face is a municipal summons from the town of Carteret for not having the dogs licensed, for which they will have to pay a fine.

Nadia Mohammed, the aunt of the boy who was killed and sister of the woman who was attacked, said the family will not be commenting.

Mohammed said the prosecutor never sent the family the letter directly and she said they had to learn that charges would not be filed through media reports and from the public. Additionally, despite repeated questions asking for updates on this case, Patch and other media outlets such as MyCentralJersey were also never sent the March 23 letter.

"The Major Crimes investigative team worked with members of the Carteret Police Department and investigated the death of (the boy)," wrote Ciccone in her letter. "As a result of that investigation, there has been no intentional, knowing or reckless criminal conduct uncovered. Based upon information received, no previous violent incidents involving the animals has been conveyed to law enforcement."

"No criminal conduct has been identified at this point," she continued. "The death of the three-year-old boy is extremely tragic ... However, as the Chief Law Enforcement Officer for Middlesex County, (I am) bound by the law. In this case, based upon the information known at this time, it would appear as if no law has been violated. Thus, despite the well-intentioned demands for justice, no charges will presently be filed."

Prosecutor Ciccone said she was aware of one singular complaint about those specific pit bulls in the past. That was on Oct. 23, 2020, when Carteret Police received a call that the two pit bulls were running loose.

"However, during that incident, the dogs showed no aggressive tendencies and were returned to the owner without incident," she wrote.

Carteret police collected the dogs and learned they were unregistered with the town. The owner picked the dogs up from police headquarters that day.

Prosecutor Ciccone did leave the door open that charges could be filed in the future should more evidence present itself. She ended her letter by writing "Again, this decision is based upon the facts and evidence known to law enforcement at this time."

A spokeswoman for Ciccone said the letter was sent to members of the public who emailed the prosecutor, pressing her to file criminal charges.

"The letter dated March 23, 2021 was sent as a response to those in the general public who inquired thru our email box about the incident in Carteret," said Andrea Boulton, a spokeswoman for the prosecutor. "Please be advised that members of the investigative staff of the Middlesex County Prosecutor’s Office were in personal contact with the Ahmed family to offer condolences and services. In addition, members of the Victim Witness Unit of the Prosecutor’s Office were also in contact with representatives of the family."

Former Morris County prosecutor weighs in

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."

Robert Bianchi, the former Morris County prosecutor and who prosecuted dog attacks while he was there, said he agrees with Ciccone's decision, however painful it might be.

"Based upon the facts that have been reported, this decision to not prosecute makes complete sense to me from a criminal law perspective," he told Patch. "Although a horrible tragedy, the criminal code does not penalize horrible and unfortunate accidents. It criminalizes people who do things that violate our criminal law statutes."

"From what we know of the reported facts of the case, it is not even a close call that there were insufficient proofs to justify an arrest, much less a conviction," he continued. "The prosecutors seem to have done their job and refused to file charges based upon the facts, law and their ethical responsibilities."

"Nothing, however, prevents a civil suit from being filed," he added.

As Patch previously reported, the two pit bulls got loose last Tuesday afternoon, March 16. According to the town of Carteret, they escaped from their home on Birch Street and got into the backyard immediately behind them, where the woman and her three sons were outside playing on a mild spring day. The two yards meet each other and both yards appear to be fully fenced in.

Unnamed neighbors told NBC New York the dogs got out through holes in the fence. NBC also reported seeing cinder blocks covering some holes. The mother screamed at her two older boys to run inside the home, and they did. She could not get her youngest, 3, inside fast enough and threw her body on top of his to protect him, said a family spokesman.

It was her oldest boy, 10, who called 911 from inside the house and Carteret police arrived and shot one of the dogs. The second was later put down as well.

The toddler died after he was airlifted to Robert Wood Johnson University Medical Center in New Brunswick. The mother, critically injured, spent days in the ICU and was released last week. The family spokesman said she will need extensive plastic surgery.

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

Ongoing coverage: Vigil For Carteret Toddler Killed By Pit Bulls Planned For Sunday

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

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

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