Trial of grandmother in 6-year-old's death ends with Las Cruces judge's verdict

A judge delivered a directed verdict in a trial over a fatal dog mauling Wednesday, ending the first of three trials over a boy’s death in 2021 with an acquittal.

The trial of Leslie Owens, 64, ended with a directed verdict by 3rd Judicial District Judge Douglas Driggers on the second day of a three-day trial on Dec. 6. Owens was charged with a 3rd-degree felony regarding possessing dangerous dogs.

A directed verdict comes when a judge feels prosecutors have not sufficiently proven the criminal charges are warranted. It typically occurs after a defense attorney requests one, which happens in almost every trial.

More: What is a directed verdict, and why did Christopher Smelser get one?

While that trial ends, the saga of cases arising from the death of 6-year-old Avery Jackson-Dunphy has just begun.

Two more trials – one against Avery’s mother and one against his grandfather – are scheduled for March and April of 2024. A third civil lawsuit has no set trial date as of the publication of this article.

Criminal cases, police reports provide insight into Avery’s death

Avery was killed by his grandparents’ dogs on Nov. 22, 2021, just before Thanksgiving.

According to a police report obtained via record requests, Doña Ana County Sheriff’s deputies believe the boy and his grandfather, Kevin Owens, were playing outside at the Owens’ Mesilla Park home.

Kevin Owens, 62, told deputies that he was called away by a construction crew working on his house. Ten minutes later, the boy’s mother and the grandmother called Owens back outside.

The boy had gotten into a cage housing six dogs. The dogs mauled Avery, puncturing his neck and chest and causing his death after he was flown to an El Paso Hospital.

More: Community honors what would have been Avery Jackson-Dunphy's seventh birthday

Animal Control euthanized all six dogs the following day, according to a report. A lawsuit claims the dogs were all fosters and thus owned by the Animal Services Center of the Mesilla Valley when they killed Avery.

Lawsuit alleges neglect plagued Avery before his death

Shortly after Avery’s death, his mother, Danika Thompson (who also goes by Danika Jackson), filed a wrongful death lawsuit in a Hobbs court. Avery’s father, Patrick Dunphy, filed a similar lawsuit in a Las Cruces court. Dunphy’s lawsuit has advanced and names the City of Las Cruces, Doña Ana County, the grandparents, and the mother as defendants.

The lawsuit claims that Avery’s safety was regularly in question when he was in the care of his mother. For example, the lawsuit states that Thompson told Dunphy that Avery fell off a fence and injured his head when, in fact, a horse kicked Avery.

“Thompson had a pattern and practice of not adequately supervising Avery when he was around animals such as horses, bulls, and dogs,” the lawsuit said.

After that injury, the lawsuit says a court temporarily suspended Thompson's parenting. Thompson agreed to a safety plan, the lawsuit says, but quotes Thompson saying she was “not going to be a helicopter parent.”

The lawsuit also claims that Avery’s foot was crushed by a bull at his grandfather’s house and that he later fell from a high playground structure, knocking out some of his teeth while in Thompson’s care.

Dunphy slams judge in statement

Speaking on behalf of his family, Dunphy said he was “shocked and devastated” by the directed verdict. Dunphy sent the Sun-News a statement on Dec. 7 responding to the directed verdict.

"The jury, having endured a harrowing three-day trial, deserved the right to deliberate and establish, beyond a reasonable doubt, Leslie Owens’ guilt. However, to our dismay, Judge Driggers, with a track record in the State of N.M., and perhaps even nationally, took this opportunity away from the jury before closing arguments,” Dunphy said.

“This decision infringes upon a fundamental constitutional right—to be judged by a jury of one’s peers.”

The 3rd Judicial District Attorney's Office declined an opportunity to comment about the first trial’s outcome, citing the two pending trials.

Dunphy Statement by Justin Garcia on Scribd

What’s next?

The subsequent trial is scheduled for March 11, 2024. It’s expected to last five days.

In it, Driggers will again oversee the case. This time, Avery’s mother will go before a jury. Thompson faces one count of reckless abuse of a child resulting in death. The charge is a first-degree felony and comes with a possible life sentence.

Thompson’s trial will likely feature testimony from Dunphy and several Animal Control officers, police officers, and Animal Services Center personnel. Kevin and Leslie Owens are also listed on a witness list and may testify if called upon. Thompson was not listed as a witness, making her unlikely to testify.

Afterward, Kevin Owens is set for a five-day trial starting on April 15, 2024. Kevin Owens is also charged with reckless abuse of a child alongside the same dangerous dog statute that Leslie Owens faced. Many of the same witnesses are listed in that case.

However, Driggers will not oversee this trial.

Instead, 3rd Judicial District's Richard Jacquez is listed as the trial judge.

This article originally appeared on Las Cruces Sun-News: Grandmother acquitted in death of Avery Jackson-Dunphy