DA declines to prosecute owners in Joshua Tree dog mauling
The San Bernardino County District Attorney’s office reached a decision whether to file criminal charges against the owners of four dogs responsible for the death of a woman from Joshua Tree.
Lana Bergman, 70, was killed January 16, 2019, by dogs that were staying on her property on Sunflower Drive at the request of Bergman’s roommate.
Stephanie Johnston’s husband, her 7 year old son, and Bergman’s roommate found Bergman’s body on the property at 10:11 p.m. after returning from the child’s birthday dinner in Joshua Tree. Johnston and her husband live in a converted bus, which had broken down. Bergman agreed to allow the couple to park their bus next to her home until it could be towed. Johnston said Bergman wanted the family of six there, but Bergman’s family has disputed that claim.
The couple could have been charged with PC 399, a potential felony for negligence related to vicious animal attacks, or even manslaughter. However, Supervising District Attorney Ronald Webster said Monday he ” …found there to be insufficient evidence to the standard to which must be followed that a crime had been committed. ”
Webster said the report was submitted by the Sheriff’s Department on Friday, and that his office declined to press charges.
” Evidence shows that (the dog’s owners) took steps to confine the animals. They would have had to let the dogs out willfully, and there’s no evidence for them to know that these animals had violent tendencies, ” said Webster.
“It ‘s almost like a traffic accident. A horribly unfortunate situation, but it doesn’t mean they did it on purpose,” Webster continued.
The corner’s report is still pending.
The family has indicated they want the Staffordshire Bull Terriers back. The dogs are impounded at a local animal shelter awaiting hearing.
” The shockwave of the trauma of Lana’s death has permeated every aspect of our family’s life, from our friendships and connections in the community, and all our relationships before and after because of the reach of information via internet and television, ” Johnston said. ” Every time we see a dog, especially a bully, our hearts ache and our stomachs lurch. The incident will always be inundated with mystery, it seems. ”
Johnston said she hopes Bergman’s family finds peace.
” We were never concerned even for a second that we were legally or morally responsible for the horrible and baffling tragedy that night, but we are nonetheless entangled for the rest of our lives to the death of a beautiful friend, the feeling of confusion and suffering from the removal of our dogs, the total disbelief still that our dogs could ever hurt a human unless provoked in a way that would elicit any animal to react if they were sure their offspring’s lives were in danger. ”
Bergman’s family and Johnston both said Bergman was found with a sword.
