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Not to pile on but... I'm gonna agree that your dog should have been on the leash. I believe that the incident would not have happened if your dog was on the leash, because you could have separated them immediately when things started to turn aggressive until not having a chance until your dog was in the death hold.

But it really doesn't matter. If I'm speeding and then get involved in a crash, it doesn't really matter if the crash wasn't caused by my excessive speed, I'm gonna take at least a chunk if not all of the rap. Same deal here. You can't be guilty of breaking a law, get involved in a situation related to it, and then say it's the other guy's fault. Like it or not, that's the system.

p.s. I consider people letting their dog get within leash reach of my dog when they're both on a walk as being extremely inconsiderate and troublesome. There is no need for that and I wouldn't tolerate it. You might be unlucky enough to run into other weird/rude dog owners like myself. If you've noticed, if dogs never get within reach of each other, they NEVER get hold of each other's throats and try to kill one another.