This day in history: Diane Whipple, a lacrosse coach, is killed in a dog attack in San Francisco on this day in 2001. The resulting court case clarified the meaning of implied malice murder.
"The killing of Diane Whipple remains one of the most emotional and indelible crimes in modern San Francisco history. Five days before her 34th birthday, Whipple returned from a grocery store run to her home at 2398 Pacific Ave. There, in the hallway outside her apartment, she was attacked by a massive Presa Canario named Bane. Bane weighed close to 130 pounds; Whipple weighed just 110." Source
After the fatal attack, the state brought criminal charges against the people taking care of the dog(s). One was convicted of manslaughter. Another was charged with implied-malice second-degree murder and convicted by the jury. Knoller's murder conviction, an unusual result for an unintended dog attack, was rejected by the trial judge but ultimately upheld. The case clarified the meaning of implied malice murder.
The charge of implied malice murder was used because the owners knew that taking the dog into the hall involved a high probability of death.
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