The owner of the dog, John E. Bender, also of Wauconda, was cited with two misdemeanors, disorderly conduct and leaving a dog-at-large. Fines for the misdemeanors could total up to $750.
The Didiers think that’s not enough. They are working with Wauconda police to present the case to the Lake County State’s Attorney and asking that Bender be charged with a Class 4 felony, which could result in fines of up to $25,000 and up to three years in jail, Lisa Didier said.
“That’s what we want, only to set a precedent,” she said. “People who are irresponsible dog owners should have to own up to that.”
She points to a letter sent to Amy Bender, the sister of John E. Bender, from Mark Pfister, director of population health services for the Lake County Health Department. The Illinois Animal Control Act states, “If the owner of a dangerous dog knowingly fails to comply with any order regarding the dog and the dog inflicts serious physical injury on a person or a companion animal, the owner shall be guilty of a Class 4 felony,” he wrote.
After their dog was killed, the Didiers learned from Lake County Health Department Animal Care and Control that Bender’s dog, named Chuck, had bitten before and had been declared dangerous. Bender was fined $50 and told to leash and muzzle his dog. The dog also had to be micro-chipped.
The dog was not muzzled when it attacked their dog and was not wearing a leash, according to police reports.
“The owner did not have the dog muzzled when he took the dog out, so it was the owner’s negligence,” said Robin Van Sickle, coordinator of the Lake County Animal Care and Control, adding that both the owner of the pit bull and caretaker of the victim dog have given conflicting descriptions of the fatal attack.
“The owner [of the pit bull] told me that he was walking the dog on a leash. He bent down to tie his shoe and the dog took off – but the person walking the victim dog did not see a collar or leash. But the fact is this dog did run loose without being muzzled, without being under control of its owner and it killed another dog without being provoked,” she said.
Bender was ordered to relinquish his dog, which was later euthanized by Lake County Animal Care and Control, and to appear in court Aug. 23. His sister, Amy Bender, came in his staid, saying her brother was in the military and out of the country. The judge continued the case and said John Bender needed to be there in person at 10:30 a.m. Sept. 27. Amy Bender would not comment on the incident.
Wauconda police officer Tom Robertson and Wauconda attorney Lawrence H. Spector said they would consider going for a felony charge.
Robertson said, “I’ll be in touch with the [police] department to talk about the possiblity of presenting this to the state’s attorney.”
Judy R. Zeno, also at the court hearing, said she remains “deeply, emotionally upset by the incident.”
Zeno was walking the Didier’s dog when Bender’s dog attacked, she said. She shouted “No,” to the dog and called out, “Help,” she said.
Bender came running from his house and had to pry the pit bull dog’s mouth open to release the Shih Tzu, Zeno said. She said she drove the dog to an animal hospital, but that Shibui died in her lap.
The Didiers have lived in Wauconda for more than 40 years.
“Shibui is a Japanese word that means a treasure that grows more precious with time,” Lisa said. “He was a little, 20-pound [male] dog that was literally ripped apart by the pit bull. He loved babies, he was the sweetest – if you want cuddling, you want to talk to a dog that will listen – that was Shibui.”
Lisa said the Shih Tzu served as a caretaker for the couple’s blind dog, Rocky.
“This murdered dog took in this [blind] pup and he nurtured him when they went for a walk,” Lisa said. “He stood by his side for eight years.”
The Didiers have since found another companion for Rocky.
(Lake County Journal - September 12, 2013)
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