Brothers Face Assault Charges For Dog Attack of 9-Year-Old Boy: DA

WESTBURY, NY - Two brothers were charged in a January dog attack of a 9-year-old boy in Westbury after they surrendered themselves to police on Wednesday morning, according to Nassau County District Attorney Madeline Singas

Cesar Cuellar, 27, of East Meadow, and Anthony Villalta, 19, of Westbury, were arraigned on charges of second degree reckless assault, third degree reckless assault, third degree negligent assault and second degree reckless endangerment, according to the DA.

They were released on their own recognizance and are due back in court on April 21.

If convicted of the top charge, the men face up to two to seven years in prison, according to the DA.

On Jan. 27, 2016, at 3:10 p.m., the 9-year-old boy was walking home from his school with his older brother when two dogs, a black and white pit bull mix named “Rocky,” and a tan mixed breed named “Tori,” ran down Wilson Avenue in Westbury, without leashes or guardians, and attacked the boy, according to the DA.

Rocky allegedly bit and latched on to the boy's leg near the knee, while the other dog was standing near, barking and biting at the boy’s brother, the DA said.

The two tried to beat the dog off with their fists, legs, sticks, books, and anything they could find until two passersby came and helped to get the dogs off the boy and put him in a car until emergency services arrived, the DA said.

The dogs ran away from the scene before the police arrived.

The boy suffered deep lacerations to his left leg, extensive muscle damage, tissue damage, bone exposure and blood loss.

He also suffered bite wounds on his right leg and left arm. The older brother was unharmed.

The boy was treated at a local hospital and underwent surgery to repair his leg.

The dogs were later found at a nearby house where a neighbor had corralled them into his backyard and were taken by animal control to an undisclosed location.

Cuellar and Villalta were both allegedly custodians of the dogs at the time of the incident, according to the DA.

They were allegedly aware that the dogs that attacked the boy, and that Rocky had been involved in multiple prior attacks – including three prior attacks in the previous three months, two attacks on dogs and one human attack, the DA said.

Villalta allegedly let the dogs into the yard from where they got loose and had done so in the past, the DA said.

“The victim’s injuries were so severe that he nearly died in this dog mauling incident,” Singas said. “Thanks to the quick work of Nassau County Police Department, good Samaritans and his brother, the victim is alive and recuperating.”

The mother of the two men, Celina Villalta, was identified as the dogs' owner by her attorney, William Shanahan, who claims that the situation “was not a criminal case” and that the “dog got loose unintentionally,” Newsday reports.

“There was no intention for anyone to get injured here, so for this case to be brought in criminal court is really inappropriate,” Shanahan told Newsday.