Death of Ocean View man by dog mauling led to stronger state penalties for owners of uncontrolled vicious animals

A year after four dogs viciously attacked 71-year-old Bob Northrop while he was out for a walk, the animalsʻ owners Kalani Burgher and Keli Toyama were charged with negligent failure to control a dangerous dog and will face a judge in the case on Sept. 5 in Kona District Court.

Hawaiʻi County prosecuting attorney Kelden Waltjen said his office reviewed the case to see if manslaughter charges were warranted. But one day before the deadline to file charges for such a case, which is one year from the incident, the Hawai‘i County Prosecuting Attorney’s Office elected to file the lesser charge.

If Burgher and Toyama are found guilty of the charge, a petty misdemeanor at the time of the incident, they could face 30 days in jail and at least a $200 fine.

This possible punishment is why Northrop’s daughter, Shannon Matson, has spent the past year advocating for stricter penalties for dog owners whose animals attack people.

She worked with District 4 State Rep. Greggor Iligan to pass legislation increasing penalties from a misdemeanor to a felony for charges of negligent failure to control a dangerous dog.

“It’s been one foot in front of the other since this happened,” Matson said. “It’s literally consumed my life for the last year.”

On Aug. 5, Matson celebrated with the Gov. Josh Green during a ceremonial signing of HB 2058 into law as Act 224.

While the new law will not apply to the case involving Burgher and Toyama, Matson said she hopes it will encourage people to be more responsible with their animals and prevent another mauling, like the one that killed her father.

Bob Northrop was walking to a friend’s house on Outrigger Drive in Ocean View when he was mauled by three pit bull mixes and a purebred Staffordshire bull terrier. Those dogs, and 10 puppies, were seized by Animal Control. All 14 were euthanized.

With Hawai’i Island’s history of fatal dog attacks, the Hawaiʻi County Council had passed an ordinance in 2022 that made it possible to prosecute people with dangerous dogs that maimed or killed people as a felony.

But without a state law equivalent, the county’s ordinance couldn’t be implemented.

At the time of Northrop’s death, the highest punishment a dog owner could be slapped with for negligent failture to control a dog was a petty misdemeanor. Matson went to the Hawai‘i County Council to advocate for strengthening the county code.

Matthew Runnells, administrator for the Animal Control and Protection Agency, reported to council that so far this year his department physically responded to 83 calls for dogs that fall under the vicious category.

He also said his agency responded to 317 police assists, which are calls that range from deceased animal owners, to accidents with dogs in the car, to dangerous dogs and bite cases.

Matson said she spent hundreds of hours sending emails and phone calls to elected officials discussing the weak penalties in dog mauling cases. She worked with Iligan — who represents Black Sands Beach Subdivision, Hawaiian Paradise Park, Hawaiian Beaches, Kalapana, Koa‘e, Leilani Estates, Nānāwale Estates, Pāhoa, Pohoiki, Seaview Estates — on introducing House Bill 2058.

“It was time to introduce it at the state level because we had jurisdiction,” Iligan said.

Since his second year in office, Iligan said dog attacks were on his radar. One of his constituents, Dolores Teresa Oskins, 85, of Keaʻau, died in a dog mauling in Hawaiian Paradise Park in 2021.

Matson went to O‘ahu to testify in favor of the bill. She acquired hundreds of pieces of testimony and got people from Maui and Kaua’i to also speak in favor of the bill.

“Everyone cared so much,” Matson said. “Everyone who came (to O’ahu) traveled on their own time.”

After the state bill was passed, Waltjen said: “There are areas we can improve criminal liability, and this is one of those areas.”

He added that he hopes the new act will bring awareness and responsible dog ownership.

Act 224 establishes the offense of negligent failure to control a dangerous dog including both misdemeanor penalties resulting in the injury, maiming or death of another animal or bodily injury to another person and felony penalties resulting in substantial injury, serious bodily injury, or the death of another person.

In addition, Act 224 establishes provisions regarding the designation of dangerous dogs, requirements for owners of dangerous dogs, and the impoundment of dangerous dogs.
Iligan said a measure as comprehensive as HB 2058 is difficult to pass on the first try. He credited Matson for keeping the bill in the limelight.

Matson said she thinks her dad has been watching out for her throughout the process.

“I feel like our loss isn’t completely in vain,” Matson said. “This is a bitter-sweet victory because we won’t know if it worked until the next incident.”

Despite her father being gone for more than a year, Matson said it still doesn’t feel real, and the consequences of that day have rippled throughout her family, with her nieces and nephews not being able to get to know their grandpa.

“My nephew, who’s 7 years old, is afraid of dogs, even cute puppies,” Matson said.

Matson hasn’t heard from the dog owners who are facing charges in her dad’s death.

“It’d be nice to know if they have remorse,” she said.