It's been more than seven years since a dog attacked and killed 64-year-old David Fear and seriously injured his neighbor, Betty Long, in their Grover Beach neighborhood.
Neil McCalin reflects on his mother-in-law every day.
“It's been a year ago that she passed, and I think of her daily,” he said.
While Betty Long survived the 2016 attack, she died last year at the age of 92, never seeing money from a settlement in the case that involved her and the children of David Fear.
It was a process started after former Grover Beach police officer Alex Geiger was found not guilty in 2019 in connection to the attack involving his dog, prompting Long and Fear’s families to file a lawsuit against the City of Exeter. Geiger previously worked there and trained his dog as a police K-9.
“I do get emotional because it is still ongoing and we do need closure," Diane McKenna, Betty Long’s daughter said.
After a lengthy civil trial in 2021, the city was found liable, the families were awarded $20.8 million, and the jury deemed the police chief and canine unit supervisor negligent for not warning Geiger that the dog remained dangerous due to its attack training.
However, the Court of Appeal overruled that decision.
“The appellate court basically stated that there had to be a special relationship at the time between the City of Exeter and Officer Geiger in order to establish that there was a duty to even move forward with the case," William Frederick, partner at Frederick Law Firm, explained.
In February, the family’s attorneys took the case to the state's Supreme Court and heard back sooner than expected.
“It's extremely rare for that to happen, and we're happy to grant a review," Frederick said.
The Supreme Court ruled that the case needed to be sent back to the Court of Appeal to reconsider the decision, suggesting the original decision may have misunderstood or misapplied a legal principle.
I reached out to Neil Tardiff, a certified appellate specialist in San Luis Obispo, for more insight on the latest developments in the case.
“If I was the Longs' attorneys, I'd be very happy as to what's going on right now," he said.
Tardiff explains the case will likely go back to the Supreme Court, either by appeal from the families or by the City of Exeter.
However, Long’s family is holding onto the glimmer of hope for justice.
“We need justice and the decision of the Supreme Court to review this case is huge. It means we do get to move forward, there still is hope, and we're hopeful and prayerful," McKenna said.
Fear’s daughter, Sarah Gianquinto, said in a statement, "The past 8 years have been filled with many lows. We are hoping the Supreme Court judges will make the appropriate decision that will ultimately result in better public safety, accountability among Police Departments, and justice for David Fear’s family.“
I also reached out to the City of Exeter for comment but have not received a response.
