State v. Powell

Facts: Hoke Prevette was attacked and killed by two Rottweilers running loose at night. The dogs belonged to Powell. He had picked them up at an intersection at 9 p.m. on the night Prevette was killed, after they had been loose twice that day. Multiple witnesses testified the dogs were known to be aggressive and were frequently let loose; an ex-girlfriend testified Powell physically abused them. Animal control had picked them up at least three times before. A local ordinance prohibited leaving a dog unattended outdoors unless restrained on the owner's property.
Issue: Whether intentional, willful, and wanton violation of a public-safety ordinance—resulting in death—constitutes culpable negligence sufficient for involuntary manslaughter.
Rule: Yes. Intentional, willful, and wanton violation of a statute or ordinance designed to protect public safety, which results in injury or death, constitutes culpable negligence.
Analysis: Involuntary manslaughter is committed when ∆ causes death by an unlawful act or culpably negligent act/omission. Powell intentionally and repeatedly violated the leash ordinance, knowing the dogs' aggression. The intentional violation supplies the culpable-negligence component.
Judgment: Conviction affirmed.

Reading: pp. 432–39. See Manslaughter (involuntary).