Grand Jury Indicts Couple in Dog Mauling

Grand Jury Indicts Couple in Dog Mauling

From a news story by
CNN San Francisco Reporter Rusty Dornin

March 27, 2001

Dag Mauling

Nearly two months after Diane Whipple was mauled to death by two dogs outside her apartment, the couple caring for the dogs will face criminal charges.

District Attorney Terrance Hallinan says, "We are charging Marjorie Knoller with three counts: one count of murder in the second degree, one count of involuntary manslaughter, and one count of having a mischievous animal that kills a human being. Her bail is set in the sum of two million dollars."

Her husband, Robert Noel, also faces involuntary manslaughter charges and the charge of keeping a dog that kills a human being. His bail is set at one million dollars.

When police and animal control officers first arrived on the scene last January, they were stunned.

One animal control officer says, "There was nothing I could recognize in the hallway as clothing and the victim was nude. There was no clothing-- it was just shredded bits of cloth, clumps of hair and blood."

Almost immediately, the attorneys caring for the dogs, Robert Noel and Marjorie Knoller, took a defensive posture. They insinuated the victim might have unwittingly provoked the attack, either by wearing a certain perfume or through the use of steroids.

Marjorie Knoller says, "I need to know what precipitated that response. It's not as if he was barking at her or being aggressive towards her. That only happened after, unfortunately, Ms. Whipple hit me in the right eye and then he became aggressive towards her."

Prosecutors say it was recent past vicious behavior of the dogs that convinced the grand jury to file second degree murder charges against Knoller.

Assistant District Attorney James Hammer says, "A killing was done with implied malice; that is, with such a level of reckless behavior, knowing the danger of something and consciously disregarding it, which results in someone's death."

Sharon Smith, Diane Whipples' partner, believes Noel and Knoller should be held accountable in civil court, too.

Smith has filed her own wrongful death suit against the pair. Smith says, "These were dogs that were trained to kill and I believe they (the dogs’owners) knew that."

Prosecutors say they hope to make Noel and Knoller ultimately responsible for the deeds of their dogs.

Additional Notes:

Notes: In general terms, here are two definitions.

According to criminal law, murder is the unlawful killing of a human being with malice aforethought, premeditation, and intention. Involuntary manslaughter is the unlawful killing of a human being without express or implied malice; without intending to cause death or serious injury.