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Why Weren't Charges Filed Against Owner Of Dog That Mauled Boy To Death?

(CBS) -- Five-year-old James Nevils III was killed by a pit bill Monday night and police said no criminal charges will be filed against the dog's owner.

CBS 2's Suzanne Le Mignot investigates why.

"There has to be a reckless disregard for what happened," said CBS 2 legal analyst Irv Miller.

Miller says the dog owner had no criminal intent, that's why tickets were issued and no charges filed.

"If it's just a case where a dog got out and a child got hurt, you know it's a civil case, it's not a criminal case," he said.

The dog was not inoculated for rabies and did not have a city license. Nevils' grandfather is furious.

"That's not enough for me," he said. "That's ludicrous. That's not enough for me That's so minor. The dog took a life."

James Nevils Sr. spoke to CBS 2 outside Leak and Sons Funeral Home, where he's making arrangements for his grandson's funeral.

"I'm devastated. I lost my grandson. My namesake. Yes. I'm very devastated and I'm very angry."

James Nevils Sr. says the dog owner is also his grandson's mother's cousin.

CBS 2 went to the dog owner's home to ask him some questions. No one answered.

"In my opinion, there still should be charges filed against this individual," Nevils said.

Nevils says he's already spoken to a lawyer and plans to sue the dog owner in his grandson's death. The family has also set up a GoFundMe page to help cover funeral expenses.

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