ALBANY, Ga. (WALB) — Two best friends were riding a four-wheeler along dirt roads when the afternoon took a turn that sent 11-year-old Banner O’Berry to the emergency room.

Banner was attacked by three dogs while riding with his friend, Carson, near Wood Duck Road in Axson on Sept. 13 around 3:30 p.m., according to the Atkinson County Sheriff’s Office. According to Banner’s mom, Jessica O’Berry, Banner’s four-wheeler began breaking down. Banner, who she said is mechanically inclined, worked on the four-wheeler himself. When the three dogs approached, Banner and Carson climbed onto the four-wheeler, but a dog grabbed Banner by the ankle and pulled him off.

“Banner said he didn’t have time to be scared,” Jessica said. “He immediately began fighting.”

Carson handed Banner a pair of pliers Banner had been using to work on the four-wheeler, according to Jessica. She said Carson also called for help, called for the dogs to get off Banner, and threw things at the dogs. Banner was able to fight the dogs off and get back on the four-wheeler.

Jessica said the attack lasted about a minute or two. She said the owner of the dogs was not there, but two men were, and one of them retrieved the dogs and took them home. She said no one administered aid or asked Banner if he was okay. She said one of the two men present never tried to break up the dog fight, yell at the dogs, or get the dogs off Banner.

Jessica said she got the initial call about the attack from a family friend while she was hours away. She said she could hear Banner crying and Carson’s father trying to get the dog owner’s information.

“I don’t think I’ve ever been that scared in my entire life,” she said.

Banner recovering, described as athlete

Jessica described Banner as an athlete who plays baseball and football and has been riding four-wheelers. She said he got his four-wheeler three months before the attack. She said Banner has played travel baseball since before he turned 8 and started playing football this year.

“Banner is amazing,” Jessica said. “He is such an athlete. He’s amazing at anything he picks up.”

Jessica said Banner has taken pride in being one of the fastest kids on his baseball team and one of the power hitters. She said the baseball community, including local and travel ball families, has shown up to support him, including a family from Florida who came to visit.

“He is a very loved child,” she said.

Family knows dog owners

Jessica said the owner of the dogs knows her family. She said the woman was best friends with her mother and knows both her and Banner. She said the woman has not shown compassion for Banner and has instead focused on the euthanization of her dogs and the possibility of lawsuits, which Jessica said the family does not intend to pursue.

“I only want the dogs put down so they can never harm another child,” she said.

Jessica said one of the dog owners told another person that Banner deserved what happened to him.

“I’m angry,” she said. “You don’t have to have a relationship with my child or with any child to protect a child. It should just be inside of you.”

Dog owners charged

The Atkinson County Sheriff’s Office confirmed there were two dog owners between the three dogs involved in the attack.

On Monday, Sept. 14, the sheriff’s office served the dog owners notice of a petition in court to have the dogs deemed “vicious dogs” and Tuesday morning, sent certified mail with the petition to the two owners.

Jessica said she initially did not want the homeowners charged.

FULL INTERVIEW WITH JESSICA O’BERRY

“Initially, I was looking at it like this was an accident,” she said.

She said she expected the owners to cooperate and have the dogs put down.

“The fact that neither one of them... have so much as asked about my child. And one of them even told another person... That he deserved what he got. I’m furious. And because of that... Yes, I want them charged. A hundred percent,” Jessica said.

Banner’s condition

Banner is expected to return home Tuesday, according to Jessica. She said his pain level was too high for him to walk during physical therapy, and he sustained lacerations to the back of his ankle.

Banner will be released in a wheelchair. The family says there is not yet a clear indication of when he can return to school.

Jessica said Banner has received visits, calls, and texts from coaches, teachers, his principal, pastors, and friends throughout Atkinson County.

“Banner is so grateful and thankful for everyone that has shown up,” she said. “It has really meant a lot to him.”

Jessica adds this is not just an Atkinson County issue, but a nationwide issue. She is calling for stricter laws for dog owners.

Statewide vicious dog law began in south Georgia

Claudine Wilkins, a former prosecutor who wrote Georgia’s vicious dog law, said the case appears to meet the standard for a dog to be labeled vicious due to the severity of the injuries.

“This is definitely a vicious dog attack,” Wilkins said. “And therefore, the dog should be labeled vicious, because the injuries were so severe.”

Wilkins said the law originated in south Georgia after a young girl, Cheyenne Peppers, was killed while playing in her backyard. She said the dogs had been kept outside in the heat on old, rotted ski ropes while adults gathered nearby, and the dogs broke free and attacked the girl after the adults went inside.

Wilkins said Representative Jean Maddox asked her to rewrite the law, and she agreed on one condition.

“Can we rename it the Responsible Dog Owner Act?” Wilkins said. “Because really, it’s a preventable situation. When a dog attacks someone, the owner or the people in charge of that animal should have never let it happen.”

She said it took a couple of years to get the law passed. She said counties can make their dangerous dog ordinances stricter than the state law.

Wilkins said a vicious dog designation requires the owner to carry a minimum of $50,000 in insurance covering the dogs, restricts the household to one such dog, and requires the dog be muzzled in public and not left alone with a minor. She said state law also allows police and animal control to impound a dog that poses a public safety threat, even if it has not bitten anyone.

“Our law specifically allows any dog that poses a threat to public safety to be impounded immediately,” she said.

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