No Charges Against Man Who Shot, Killed Neighbor’s Dog

SEVERN, Md. (WJZ)—No punishment for the Anne Arundel County man who shot and killed his neighbor’s dog to break up a dog fight. It’s a decision upsetting to many in the Severn neighborhood where it happened.

Derek Valcourt explains why prosecutors say they have decided not to pursue criminal charges.

More than a month after seeing her family pit bull Kayne shot and killed, Bianca Moye is still traumatized.

“He was part of my family,” Moye said. “Honestly, I don’t think that was right what the man did to my dog.”

It was early June when Moye was walking Kayne down the street in her Severn neighborhood. That’s when she says her neighbors’ unleashed pit bull charged at them.

“So I let the leash go by me being scared, and then them two just got to fighting,” Moye said.

Minutes later, the other dog’s owner, Tony Noriega, came charging out of his house with a gun and shot and killed Moye’s dog Kayne. He says he did it to protect his children.

“I feel I did the right thing,” Noriega said. “I feel that was the only option for me to do.”  

After reviewing all of the evidence and police reports, prosecutors decided not to file any criminal charges against Noriega. No one from the State Attorney’s Office was available to speak with WJZ on camera.

But in a written statement, prosecutors point to a county law which says a person who kills an animal may not be held liable if at the time the animal is considered to be running at large and attacking another person or another animal.

They say the fact that Moye dropped Kayne’s leash means he was “not in the control of his owner when the fight occurred.”

Therefore, they say, “we could not have gotten around the dog at large issue.”

It all doesn’t sound fair to Moye, her family and friends.

“He should be charged. It’s reckless what he did,” Moye said.

The State Attorney’s Office may not be taking action, but the fight may not be over. Kayne’s family says they are aggressively pursuing this matter and are considering taking the case to civil court.

More from Derek Valcourt
  • Hayes

    GET A LIFE….If Bianca had one smithering of concern for children as she has for this furry, four legged ‘Family Member’ this world would be a better place.
    And, frankly for all of us who like dogs AWAY from us we are sick and tired of you folk and your pets….shyting everywhere, coming up to us….invading our space…while you smile and consider it to be okay.

    Keep your dog on a leash and have some RESPECT for humans who don’t hate dogs/cats JUST DON’T WANT THEM INVADING OUR SPACE, and lawns.
    Get a life will you

    • Beverly Trottier

      this is a ridiculous comment – Bianca Moye (person whose dog was killed) was on a leash – the other was not. The other one charged the lady and her dog – unfortunately she fearfully dropped the leash –
      no children were involved – no other people except the slob who shot this poor lady’s dog. READ the article!
      Please, you get a life!

  • dianad

    The dog who started the attack was unleashed. How is this man NOT being charged when his UNLEASHED dog attacked a leashed dog – and he SHOT the Leashed Dog???? No. Sense.

  • sh2011

    For Hayes you get a life. The other man’s dog was the one charging after the ladies dog all she was doing was taking her dog for a walk, there is no law against that, as for her letting the leash go I would have done the same thing letting go of the leash. As for dianad I agree with you the other owner should have been charged as he was not on the leash in the first place. I hate people who think they can take matters in their own hands and anyway why do they have to say they killed the dog in defense of their children have they ever thought shooting an animal in front of a child is traumatizing.

    • Esperanza Hill

      It is really sad the way people have been treating animals. If you have time to go back in your house and grab a gun then you have enough time to break up the dog fight. Bring out a gun is going too far. Instead of shooting the dog, that man could have shot someone. If I was scared of an animal attacking children I would make sure the children can get someplace safe and handle the animal on my own. When someone shots another person lawyers and cops are all over it. But when someone sees it fit to shot an animal no one will try to seek justice.

  • AJ

    If she had held the leash the dogs still would have fought and she would have been right in the middle of it. Really concern for your children but no concern discharging a weapon into an animal that your dog attacked. Shame Mr. Noriega and shame AA State Attorney.

  • Starr McGuire

    What is wrong with the prosecutor? His dog was off leash and attacked her and her INNOCENT, LEASHED dog.

  • getaloadofthis

    Its amazing how one sided this story is. Its a shame Kayne (also) wasn’t on his leash when this happened, and NO, there was no “woman & child” walking Kayne, it was only Bianca, her mother Monica speaks as if she was there walking with Bianca which is untrue. She knew Kayne went over to Gyno who was all they way back of the community in the wooded area while she was coming up from down the court. A large enough distance to avoid going over to Gyno …”if her dog was on a leash”…

    • Sabrina Radcliff

      No one should have to watch where they are walking to avoid a unleashed dog! It does not make it ok. The dog who was off the leash and owner are in the wrong!

    • Monica Moye

      getaloadof this….you have no idea what u are talking about. I never said i was with my daughter and further more i dont have to explain to you. Where you there exactly……My dog was shot and his leash was on him and the polive have it for your info……..Please get a life.



      • candace

        If this really is Monica I commend you for deciding to pursue this with the civil courts. Shame on the States Attorney for not pressing charges. He not only endangered the public when he fired his weapon, he discharged a firearm within 1000ft of an occupied dwelling, which in MD is a crime. Considering his unleashed and uncontrolled animal is what started the fight he should not only face penalties, he should not be allowed to have his dog back. My heart goes out to you and your family over the loss of Kayne. I too am a pit owner and know how loyal and loving they are; my dog Boser is like a child to me. I find it despicable that Mr. Noriega even had the gall to shoot Kayne while he was merely trying to protect you from an attack.
        I wish you all the best in your attempt to get justice for Kayne. All the local Bull Breed Clubs are behind you!

  • Starr McGuire

    This guy needs to be charged with cruelty to animals. His UNLEASHED dog attacked a LEASHED dog that was under the owner’s control.

  • keith

    kill all pit bulls!!

    • Sabrina Radcliff

      Have you ever owned a pitbull?

    • donna h

      Really? I have never met a pit bull I didn’t like. Wish I could say the same about people

  • getaloadofthis

    Ahh! People got it all wrong. Obviously Mrs. Monica doesn’t know who was there because she wasn’t. And yes kayne was off his leash! So like I said…both dogs were unleashed…
    In one article read…”police say an adult female and a juvenile female were walking Kayne…”
    At Dianad; of course it makes no sense to shoot a leashed dog, WHAT DOES THAT TELL YOU???

  • Cathy

    I feel really bad for monica,I wrote on facebook that everytime I turn around a dog is getting shot or euthinized,especially if it is a pit,That guy specifically went back in his house according to the news and got a gun a shot the dog,why did he just stay in the house,There was also a case of a little girl that wnet up on someones porch and got bit,now because the dog was a pit they destroyed the dog,that was the parents fault for the child being on private property and the dog was on his property,there shouls be charges against noriega his dog is the one that was not leashed.What in the hell is going on with our justice system,seems all the crooks are getting away with whatever they,Monica I hope you file civil charges against this guy,will not bring your little one back but at least he would not have died in vain,and bring justice,I do not know what I would do if my dog was killed in front of me.Remember that dog that got killed in the dog park that guy had a gun in the park,all the dogs were unleashed,all he got was fined,I guess we all have to watch now for people walking their dogs to check if they have a weapon on them

  • gsmooth

    Just remember people every story has two sides and your only hearing one side. So don’t be too quick to judge because if it was your kid you would have done the same.

  • Dogmom

    DOGS need to stop paying the ultimate price for HUMANS ignorance and stupidity. The guys dog was offleash, and therefore AT LARGE by law and in addition he fired a weapon illegally. One cannot safely hold onto a leash during a dogfight-it’s dangerous for the human AND the leashed dog! She did right by dropping the leash. He’s lucky it wasn’t my dog he killed…damn lucky. Monica-I wish you the best in fighting this injustice, and while it will never bring your beloved dog back; maybe it will teach him(and others)about the law and compassion. Kayne will watch over you and eventually see that justice prevails.

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