John P. LeBeau on Monday, Dec. 10, appeared before Bay County District Judge Dawn A. Klida and waived his right to a preliminary examination to give him time to consider the prosecution’s offer.
Bay County Assistant Prosecutor Jordan E. Case stated the deal calls for LeBeau, 28, to plead guilty to one count of having a dangerous animal causing serious injury, a four-year felony, and a habitual offender, second offense, enhancement. LeBeau would also have to agree to the extermination of his 6-year-old pit bull, Rueger, and agree not to possess any other animals for the duration of his probation.
If LeBeau accepts the deal, prosecutors will dismiss more severe charges and recommend probation rather than incarceration.
LeBeau is currently charged with single counts of assault with intent to cause great bodily harm, a 10-year felony, having a dangerous animal causing injury and aggravated assault. Case on Monday added a count of assault with a dangerous weapon and a second count of having a dangerous animal causing injury.
Prosecutors allege LeBeau and 24-year-old Drew D. Whaley got into a fight at LeBeau’s home in the 4300 block of South Garfield Road in the early morning of Sept. 23. At some point, Rueger joined the fray and bit both men several times.
Whaley told police that LeBeau shouted “Get ‘em, get ‘em!” at the dog while the two men fought, court records show.
Two other people, Allen Parks and Kelly Ruediger, were also bit by Rueger on Sept. 23; Parks while attempting to break up the fracas and Ruediger shortly thereafter, court records show.
Whaley told police he took an intoxicated LeBeau home from a local bar and that, once inside the house, LeBeau attacked him without provocation. LeBeau countered that he asked Whaley to leave and when he refused, the two began fighting, court records show.
Michigan law excludes a dangerous animal from being “an animal that bites or attacks a person who is knowingly trespassing on the property of the animal’s owner” or “an animal that is responding in a manner than an ordinary and reasonable person would conclude was designed to protect a person if that person is engaged in a lawful activity or is the subject of an assault.”
Bay County Animal Control seized Rueger on Oct. 3 and he remains in their care. Klida on Monday ordered LeBeau to pay $200 each month that the dog is housed there beginning Jan. 2.
Several of LeBeau’s friends attended the hearing, carrying with them a photo album of Rueger and 17 letters written in support of the dog. Many of the letters were penned by children and describe Rueger as a “fantastic dog,” “a big baby,” and “a cool dog to play with” who has never shown any violent tendencies.
Klida bound the case over to Circuit Court, where LeBeau will face trial or accept the plea offer. His next court date is pending.
LeBeau is represented by Bay City attorney Jason P. Gower, who maintains Rueger should not be terminated as it acted as any dog would under the circumstances.
LeBeau is also the subject of a civil suit resulting from the Sept. 23 incident, though Bay County Assistant Prosecutor Margaret Leaming agreed to postpone that case pending the result of the criminal matter.
(mlive.com - Dec 10, 2012)
