State v. Powell
Supreme Court of North Carolina
446 S.E.2d 26 (1994)
Thomas Powell's (defendant) two Rottweilers, known to be aggressive and previously picked up loose by animal control at least three times, attacked and killed a jogger, Hoke Prevette, after getting loose again on the night of the killing. A local ordinance required dogs left outdoors unattended to be restrained unless confined to the owner's property. Powell admitted the dogs had escaped twice that day and that he retrieved them near an intersection around 9:00 p.m. the night Prevette died; witnesses, including his ex-girlfriend, testified he routinely let the dogs run loose and had abused them. Powell was convicted of involuntary manslaughter and appealed, arguing the evidence was insufficient.
Whether the willful, wanton, or intentional violation of a statute or ordinance designed to protect public safety, resulting in injury or death, constitutes the culpable negligence required for involuntary manslaughter.