VOLUSIA COUNTY, Fla. – The family of an 8-year-old boy who was attacked and killed by dogs last month has now retained the services of Morgan & Morgan, according to the law firm on Thursday.
In a release, attorneys said that the child — identified as Michael Millett — was in a gated community with one of his friends at the time, waiting for another boy to join them on a bike ride.
Attorneys added that two dogs “that did not belong to the gated community” then approached the boys.
Deputies initially said that Millett had stopped to pet one of the animals, which is when he was “maliciously mauled, brutally mauled and killed.” However, Thursday’s release claims that wasn’t exactly the case.
“Contrary to initial news reports that claimed Michael and his friend allegedly approached and petted the dogs, who were allegedly friendly at first, the boys had no interaction with the dogs prior to the attack, according to Michael’s friend who was present,” the release reads. “The dogs allegedly approached the boys as they sat by their bicycles in their gated community and began to viciously attack Michael without provocation.”
News 6 reached out to the Volusia Sheriff’s Office for clarification on the matter, and the VSO responded as follows:
“I would rather not be drawn into a debate over very specific details of an active investigation of this tragedy. As we always warn about the initial release of information in an active case, details are subject to change as the investigation continues. However, the eyewitness in this case (the other child who was present) told detectives he and Michael briefly pet the dogs before they ran off, then returned; he said Michael pet them a second time before they attacked.”
Volusia Sheriff's Office PIO Andrew Gant
Regardless, the two dogs — described as a pit bull and a mixed breed — were later captured by Volusia County Animal Services and euthanized following a mandatory quarantine period. While the owner was given a chance to relinquish ownership or file an appeal, no one ultimately came forward, deputies said.
Volusia Sheriff Mike Chitwood announced that investigators had collected DNA samples from the dogs. He explained that one of the challenges in building a case against the owner is that, although residents reported the dogs frequently got loose after the attack, none had reported it to animal services beforehand.
In addition, Chitwood said he was collaborating with local legislators to craft a bill that could strengthen penalties.
“If the dogs under the law had either attacked somebody before or killed an animal and there was documentation of them being aggressive, the owner could be charged with a felony in the third degree. If none of those things exist, then it’s a misdemeanor in the second degree. Somehow, that does not seem right,” Chitwood explained.
Regarding charges against the owner, the sheriff stated that all evidence would be submitted to the state attorney’s office, which would ultimately decide on the charges.
But in the meantime, Morgan & Morgan founder John Morgan and attorney Alberto Oliveri released the following statement regarding their investigation into this case:
“No words can express the devastating grief these parents are experiencing. The loss of a child in such a senseless and preventable tragedy demands accountability, and we will fight tirelessly to hold all responsible parties accountable.
We have already set in motion an investigation to address the many questions we have about this incident, including: Why were the gates at the entrance of this supposedly gated community allegedly not closed? Why did the homeowners association and property management allegedly fail to repair a fence in the community that allegedly had had holes in it for more than a year?
We urge anyone with information about these dogs, their owners and potential security failures to reach out to our offices and the police. We believe this horrifying and tragic incident should never have happened and are exploring all avenues of justice for Michael’s death.”
John Morgan and Alberto Oliveri
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