VOLUSIA COUNTY, Fla. – The owner of one of the dogs that mauled an 8-year-old boy earlier this year in DeLand will face a second-degree misdemeanor charge in the case, the state attorney for Brevard and Seminole counties announced Wednesday.
Michael Millett was mauled to death by two dogs while riding his bike in a neighborhood near DeLand back in January. The two dogs got loose from a nearby home. The dogs were later euthanized.
Amanda Franco is being charged under the Dangerous Dogs Act for an “attack or bite by unclassified dog that causes severe injury or death.”
Because the dogs had not been declared dangerous before, Florida law states that the owner commits a second-degree misdemeanor, which includes up to 60 days in jail or a $500 fine.
“My role as a state attorney and as a prosecutor is not to make new law. It’s to enforce the laws that are present. I don’t get to interpret them. I have to enforce them. And unfortunately, my hands are tied in the scenario, and that’s the only charge that can be filed,” State Attorney William Scheiner said.
[WATCH: Dogs that attacked and killed 8-year-old boy near DeLand have been euthanized]
Franco is currently the only one facing charges in the case. Authorities say she owns one of the dogs, and another person owned the other dog, but they have not been able to prove enough to charge that owner with a crime.
In the wake of Millett’s death, Volusia County Sheriff Mike Chitwood advocated for passage of the Pam Rock Act, which was passed by the Florida Legislature and signed into law earlier this year.
The law strengthens penalties against the owner of a dangerous dog whose attack causes severe injury or death.
However, Scheiner said he could not use the Pam Rock Act to charge Franco because it went into effect after the attack.
Scheiner said prosecutors also cannot bring manslaughter charges against Franco because they would have to prove that she knew that her dog would kill or injure someone if it escaped.
“That knowledge is based on prior conduct, prior information and things of that nature as it relates to both the dog and the dog owner. There was not sufficient evidence available,” Scheiner said.
[WATCH: Volusia sheriff says residents need to report problem dogs in neighborhoods]
The case was voluntarily given to the 18th Judicial District from the 7th in the spring due to a conflict of interest. According to an executive order signed by DeSantis, one of State Attorney R.J. Larizza’s office’s employees was related to the dogs’ owner.