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Police: No plans to file criminal charges in fatal mauling of boy, 5

Police say no criminal charges will be filed in the fatal mauling of a 5-year-old boy because they consider it a tragic accident that occurred as the child's mother was letting the dog back inside the house.

James Nevils III and his 7-year-old sister had been outside with the dog while staying at their cousin's home in the  8900 block of South Carpenter Street Monday night, according to a police report.  Their mother let the dog and the children back into the house and was locking the door when the dog bit into the boy's neck, the report said.

The mother tried to pull the dog off, then dragged both the boy and the dog out onto the front lawn hoping neighbors would help, police said.  A man started stabbing the dog and two brothers kept hitting it with a brick and a pole, police and witnesses said.

When paramedics arrived, the dog was dead and the boy was lying unresponsive in the arms of his mother, according to the report.  He was taken to Advocate Christ Hospital, where he was pronounced dead at 10:08 p.m. Monday.

A law enforcement source said investigators do not believe any negligence was involved and decided against pressing for charges.

The mother and children had visited the home several times and, in the most recent visit, had been there for two days when the attack occurred, police said.

The boy's cousin, who owned the dog, was not home Monday night but called and asked the mother to let him outside, police said.  He was later cited for not having the dog inoculated for rabies and not having a city license.

The boy's grandfather, James Nevils Sr., has said he wants the owner of the dog to be held accountable.

"This dog took a young life, and the person responsible should be made to pay," he said Tuesday. "He was a good boy, a very good boy. I just can't believe he's gone. I'm just devastated."

A neighbor, Brandon Lindsey, 25, said he heard screams from inside the house, and then saw the young boy's mother pulling the dog outside by its legs. The entire time the dog had a firm grip on James' neck and would not let go.

"She was pulling him like a rag doll," Lindsey said. "The boy seemed lifeless."

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