The dog's owner, Rick Rodecap, appeared in Topeka Municipal Court on Tuesday, where he pleaded not guilty to the charges. Associate Judge Lloyd Swartz, who heard the plea, will be the judge during Rodecap's trial on Nov. 25.
After the dog was shot, police cited Rick Rodecap with violations of dangerous dog and dog at large.
Swartz appointed an attorney, John Paul Washburn, to represent Rodecap.
Rodecap’s 3-year-old pit bull, Jackson Smore, was shot June 20 after police said he charged them in an alley behind the Rodecap residence at 1532 S.W. Central Park.
Rodecap and his wife, Paula, have said the dog was shot in his hindquarters, indicating the dog was moving away from the officers.
On July 22, Swartz granted the Rodecaps’ petition for early release of the pit bull because the owners fulfilled conditions he had set, including obtaining a leash and muzzle and setting up an enclosure for the dog when it is outdoors.
Swartz allowed the couple to take the dog home pending Rick Rodecap's trial.
Up to that time, the dog had been held by Helping Hands Humane Society pending resolution of the case.
Judges have discretion about whether to destroy a dog or impose other conditions if it is the dog's first offense. If a defendant is found guilty, the fine is between $250 and $499, plus a $139 court fee.
Paula Rodecap earlier said the dog is a registered companion animal for Rick Rodecap, who has a disability. The incident was reported about 1:30 a.m. June 20, when police were responding to a call in the area. The dog had been released outside to relieve itself. Police said a dog “charged” one of the officers from the backyard of a residence, and the officer responded by shooting the dog.
Paula Rodecap said her backyard didn’t have a fence, and the dog wasn’t on a cable because it was outside for only a few minutes.
(Topeka Capital Journal - Oct 14, 2014)
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