ILLINOIS -- The owner of a pit bull terrier that bit a Champaign County sheriff's deputy is due in court today to face city charges that she kept a vicious and dangerous animal.
City ordinance violation charges were filed in Champaign County Circuit Court Tuesday against Marlo L. Hedrick, 48, who listed an address in the 3300 block of Ridgewood Drive, Champaign, in connection with an attack on Jan. 7 to Deputy Bill Oliger, 49, of Mahomet.
Oliger was attacked at a home in the 1500 block of Hedge Road, Champaign, as he was attempting to serve a subpoena on Erron Hedrick, a potential witness in an upcoming murder trial.
No one answered Oliger's knock on the door so he left his card on the door and turned to walk away. About that time, an unknown person let two pit bull terrier dogs out a side door. Oliger said he could hear dogs barking inside when he knocked.
One of the dogs, later identified as Boosi, bit Oliger on the front of the right leg below the knee.
Oliger kicked Boosi with his other leg to get him to let go, then Boosi latched on to Oliger's right calf just below the knee, ripping it open. Oliger is expected to be off work several weeks healing..
Meanwhile, the city is proceeding with charges against Hedrick, also known as Marlo Britton, the dog's owner.
In 2013, according to court records, the same dog was declared dangerous for a December 2012 incident at a home in the 1400 block of Hedge Road during which Boosi bit a female mail carrier.
Hedrick, then prosecuted as Britton, was given a list of conditions, including having the dog neutered, keeping it in a fenced area or run and not letting it out unless properly restrained.
The three counts filed Tuesday by the city attorney's office stem from the Jan. 7 incident and allege that Hedrick is guilty of:
— Keeping a vicious dog at the address in the 1500 block of Hedge Road that, unprovoked, attacked and bit a man.
— Keeping a dangerous animal that approached a man "in an apparent attitude of attack" at the Hedge Road address.
— Having a nuisance animal in that she kept a pit bull terrier which was able to come into contact with pedestrians on a public right-of-way or an adjacent private property because of inadequate leashing or design of enclosures on her property.
All the offenses are punishable by a fine of up to $750.
State's Attorney Julia Rietz said since the previous prosecution against the dog was started in city court, it's appropriate to continue the prosecution there because the burden of proving the dog dangerous is less strenuous and the consequences for the owner are greater.
"The city ordinance gives them more ability to destroy the dog than we have under the state (animal control) statute," she said.
Champaign City Attorney Fred Stavins explained that the proceedings are civil in nature so the burden of proof is that it is "more likely than not" that the owner was guilty of the charges. In criminal court, the standard of proof is "beyond a reasonable doubt."
"We have good animal control ordinances on the books. It provides for punishment of the owner if there is an offense and disposition of the animal involved," Stavins said.
That disposition depends on the circumstances of the case, he said.
"The circumstances usually are contested. ... Ultimately, it's up to the judge to decide the appropriate penalty for the owner and with respect to the dog," Stavins said. "There's a lot of people who are very emotionally involved with their pets and will go to the wall, and will pay a lot of money to prevent their animals from being taken away or being euthanized."
Today's hearing is an arraignment, or a first appearance for Hedrick, on the alleged city ordinance violations. It was expedited because the dog has been impounded since the Jan. 7 incident.
If Hedrick is found guilty of any of the charges, the city will try to have her pay the costs of keeping the dog in the county pound while the case is pending, Stavins said.
"If we prove the standard and it comes to pass that we believe the animal is uncontrollable and dangerous and there are no other ways to deal with the dog, we will ask to have it euthanized," Stavins said. "It's never our goal, unless it's necessary to do that. And we do have a history with this dog."
(Champaign/Urbana News-Gazette - Jan 14, 2015)
No comments:
Post a Comment