Heidi belongs to Hawthorn Woods couple Brian and Jean Bacardi, who readily admit that the dog bites when she feels threatened.
At police departments from Hawthorn Woods to West Palm Beach, Fla., Heidi has amassed a lengthy record.
And records show that in November 2012 the village ordered the Bacardis to relinquish ownership of Heidi. Mayor Joe Mancino declined to say much about the ongoing case but said the legal fees stem from the village response to a lawsuit filed by the Bacardis in February 2013.
"The village will always defend ourselves when we're being sued," Mancino said. "And we'll always protect the public health."
The Bacardis are now paying to keep Heidi at a kennel in Carol Stream. They argue that this protects the public health in Hawthorn Woods just fine.
"We're just trying to save her life," Jean Bacardi said.
But some who have worked closely with the family suggested the Bacardis could have done that before both sides started racking up legal bills.
"The city gave them so many opportunities to re-home the dog," said Stephanie Paluch, who founded a dog-rescue program that tried to help the Bacardis, then eventually turned them away.
Love, unleashed
Since last July, Heidi has lived at the Happy Paws Pet Resort in Carol Stream. Brian or Jean Bacardi visit her nearly every day. On an uncommonly warm March afternoon, Jean came by early to walk Heidi for a few blocks — she said that helps bring the 8-year-old dog's energy level down.
That afternoon, Jean had small red scratches on her right hand and wrist. She explained that Heidi gets excited when her owners visit. Jean makes no attempt to hide that her dog gets excited at different stimuli.
"We knew we had to keep her away from strangers, and it was going OK, until that day," she said.
"That day" was Halloween 2012, when Heidi mistook a trick-or-treater for an intruder, according to a Hawthorn Woods police report. But that day could have been several others, as well: Records from the McLean County Health Department, the Normal Police Department, Hawthorn Woods police and the Lake County Health Department show that Heidi's temperament has been an ongoing problem for the Bacardis.
"She's a beautiful, living thing, and she's a member of our family," Jean said. "As long as we have the means to keep fighting, we will."
The Bacardis say they have spent thousands of dollars to save Heidi's life. Even more, Brian spent eight days in the Lake County Jail in May 2014, held in contempt of court as the result of one of this case's many turns.
Jean has an explanation for every bite: Some she calls accidents; some she describes as chains of unlucky coincidences. Five took place in Hawthorn Woods, one downstate in Normal and one in Florida, according to records. But she says each was an isolated incident that will never happen again.
She and Brian designed fliers that asked the residents of Hawthorn Woods for their support, and printed enough to deliver one to every house in the village. They circulated a petition that, as of April 30, has 441 signatures.
They have an electronic fence around their yard, but no physical barrier. The bite reports say they let their dogs out unleashed.
Hawthorn Woods retains the firm of Schain, Banks, Kenny & Schwartz for legal counsel. Separate from all other legal expenses for which the village pays, it wrote four checks in 2013 and 11 more in 2014 marked "Bacardi litigation."
Pam Newton, the village's chief operating officer, said that when expenses from the first four months of 2015 are added in, Hawthorn Woods has paid $28,327 in legal bills for the Bacardi case.
Because the case remains in court, Newton offered little comment.
"The case speaks for itself," Newton said.
The Bacardis bought Heidi and her brother Hero, both 8-week-old beagle mixes, as 10th birthday presents for their son in March 2007. They took the puppies to six weeks of obedience classes, during which Hero displayed a calm demeanor. Thinking they had naturally laid-back pets, the Bacardis opted out of further instruction.
"I wish we had invested in that training when they were younger," Jean said. "That was a big mistake on our part."
Heidi's demeanor was far more energetic than Hero's.
"Heidi has always been a little more skittish than her brother," Jean said. "On a few occasions … unexpected visitors … she's nipped at them, and then run away. She was protecting her property."
The complaints about Hero and Heidi go back to June 18, 2008, and are mostly for barking.
But on April 28, 2009, the beagles allegedly both went after a delivery guy. "The two dogs bit him, one on the leg and the other on the scrotum," a police report reads. "He kicked one of the dogs to get it away."
One of the biting incidents led to a report from the Lake County Health Department, which states that the Bacardis have had trouble with other dogs for years. "She has had 4-other dogs in the past that have bitten the ComEd guy (4/15/97) and a FedEx guy (5/29/98)," the report reads.
Because they sometimes let their dogs out unrestrained, Jean said she knew Heidi needed to be inside the house on Halloween 2012. What followed was a chain of bad luck, she said: Her boys let the dogs into the backyard, but then she got an important phone call and she never checked to make sure her sons had brought Hero and Heidi back inside. Then a young girl in costume made her way to their house.
"The situation on Halloween … she had not had an incident in two and a half years," Jean said. "But, you know, accidents can happen."
The Bacardis have a beware-of-dog sign. The police report documenting the Halloween bite indicates the family believed this marker should be enough. "Because it was an accident, [Jean] did not feel she should be held responsible for the dog biting someone on her property," it reads.
Another incident happened on July 14, 2013, in Normal. The Bacardis drove downstate to watch their son's baseball team in a tournament, and brought Heidi along. During one game, a young boy spotted a cute little beagle and walked up to her. Startled by his approach, Heidi bit him.
"That was really an unfortunate event," Jean said. "I think any dog could have reacted like that. It was just terribly, terribly unlucky."
Hawthorn Woods Police Chief Jennifer Paulus had already seen enough of Heidi by then. Her department had four bite reports and 17 barking complaints during Heidi and Hero's tenure in the Bacardi home, plus another from a visit to West Palm Beach.
Paulus sent the family a certified letter declaring Heidi "vicious in nature" and ordering her out of village limits. The Bacardis challenged the police, and received a hearing in administrative adjudication — the court municipalities put on for traffic tickets and other local ordinances. The family lost. Believing their dog deserved a home in Hawthorn Woods, they filed an administrative complaint in the 19th Circuit Court of Lake County.
While this played out, Hawthorn Woods' order was in effect, and the Bacardis handed Heidi over to out-of-town friends. She was a handful, though, and a Heidi-sharing network developed among the Bacardis' friends, many of whom have sons who play baseball together. Day by day, the beagle bounced from home to home. "Sometimes we weren't even aware of where she was," Jean said.
Wanting their companion to feel stability, the Bacardis brought Heidi home in May 2013 — a violation of Hawthorn Woods' order. Their sons had some friends over May 26. Heidi ended up biting one of their sons' friends.
"This is where it gets a little complicated," Jean said. "It was our bad luck. We thought everything was fine."
The ensuing police report came with a $1,000 fine and a firm stipulation. Heidi had already been labeled "vicious," and if she was seen in the village again that would be proof her owners could not be trusted to keep a dangerous dog off the streets. Authorities would seize her and end the threat.
The downstate bite occurred after that agreement, and Normal requested that a Hawthorn Woods officer deliver its ticket to the Bacardi home. An officer made that delivery on Aug. 27, 2013. "I could see two small dogs inside the home," an officer wrote in a report, adding nobody but the dogs was home when he dropped off the ticket.
The Bacardis assert Heidi was with friends that night, and that the officer only saw Hero — but this was a second record alleging they ignored the village's ban. Believing Heidi could be back in town on any day, posing a bite threat, Village Hall wanted her euthanized.
But they cannot seize her until the courts settle the Bacardis' grievances. "As long as the appeal goes on, she can live," Jean said.
On May 21, 2014, Brian appeared before Judge Jorge Ortiz, who expected to see proof of Heidi's whereabouts, most likely through documentation from a kennel — but their middle son had taken her to Florida with him, and had no paperwork to prove it. The judge held Brian in Waukegan for eight days, until the son drove Heidi back to the kennel.
On May 22, 2014, Brian's first full day in jail, the last Hawthorn Woods police report indicates Hero and the Bacardis' new dog — a beagle-lab mix named Panda they adopted in 2013 — chased several people around at a nearby bus stop. Paulus confirmed in an email that Heidi was not involved in this, but it was the 25th report coming from the Bacardi residence since 2008.
On March 16, the Bacardis came to Hawthorn Woods' Village Board meeting with a proposal: revoke the death warrant and the family would find a new home for Heidi and drop the suit. For Village Hall, no more suit would mean no more legal fees.
It would also mean uncertainty. Would the Bacardis keep their word this time and not sneak Heidi back to the house? Jean Bacardi said she expected officials to show trust.
The board took no action during the public session but discussed it privately. On March 19, village attorney Patrick Brankin sent a concise response.
"The unanimous consensus reached was not to settle," Brankin wrote.
Heidi's case is now in the Illinois Appellate Court's Second District, awaiting a date for oral arguments or a decision from a three-judge panel based on briefs filed by Village Hall and the family.
Boarding at Happy Paws costs $23 per day. Since October 2013, when Heidi spent her first night at a kennel in Lake Zurich, the family estimates it has spent nearly $10,000 on temporary shelter for the dog.
They say they are continuing their legal battle without representation, having spent more than $15,000 on legal fees earlier in the appeal process.
The Bacardis still do not have a physical fence. Hero and Panda have been abiding at home with no police complaints for nearly a year. Heidi sees her family most days, at Happy Paws.
INCIDENTS WITH THE BACARDI FAMILY'S DOGS(TIMELINE)
At police departments from West Palm Beach, Fla. to Hawthorn Woods and Normal, Ill., the Bacardi family's beagle mix, Heidi, has amassed a lengthy record. In Lake County courts, a long string of events has led to Heidi's death warrant.
March 2007
The Bacardis buy Heidi and the dog's brother, Hero, both 8-week-old beagle mixes, as 10th birthday presents for their son, Jared.
Jan. 2, 2008 - West Palm Beach, Fla.
Heidi is accused of biting a person in the leg while on a family trip to Florida, but the report says the circumstances of the bite are unknown.
July 5, 2008 - Hawthorn Woods
50-year-old gets minor bite on forearm.
Aug. 23, 2008 - Hawthorn Woods
From a Lake County Health Department and Community Health Center animal bite report: Woman at neighborhood block party receives treatment at Glenbrook Hospital after being bitten. Her injuries were minor.
April 8, 2009 - Hawthorn Woods
A delivery man receives bites to the leg and scrotum. Both Heidi and Hero are involved, according to the documents.
April 28, 2009 - Hawthorn Woods
From a Lake County Health Department and Community Health Center animal bite report: Another delivery man received bites to the leg and scrotum. Only Hero involved. Reports states Brian Bacardi says, "... victims are revengeful and make up stories."
June 18, 2010 - Hawthorn Woods
Victim bitten on the abdomen.
Oct. 31, 2012 - Hawthorn Woods
From a Hawthorn Woods police report: An 11-year-old trick-or-treater who arrives at the Bacardis' home is bitten on the right thigh by Heidi. Responding officer writes in report, "(Jean Bacardi) stated there is a sign in her yard warning there is a dog on the premise, therefore the warning should be enough."
Nov. 14, 2012 - Hawthorn Woods
From a Hawthorn Woods Police Department letter to Jean Bacardi: Police chief writes letter certifying Heidi as a vicious dog, banishing her from Hawthorn Woods.
May 26, 2013 - Hawthorn Woods
From a Hawthorn Woods police report: A boy is bit by Heidi on the right side of his stomach. It is the first violation of the Nov. 2012 vicious dog order.
July 14, 2013 - Normal, Ill.
From a McLean County incident report: A child is bitten in the groin area by Heidi. The responding officer writes in the police report, "(Victim) said that Brian did not seem to really care that his dog just bit (the victim) and was more worried in just telling him that the dog was fine and up-to-date on shots."
Aug. 27, 2013 - Hawthorn Woods
A Hawthorn Woods police officer delivers the Normal, Ill., citation to the Bacardis' home. He says he sees Heidi inside the home, but no other family members are there. The family says it is not Heidi, but a new dog named Panda. Heidi's death warrant is signed.
October 2013 - Lake Zurich
Heidi begins a stay at a kennel.
Jan. 7, 2014 - Hawthorn Woods
A police officer responds to a complaint of a large dog loose in the neighborhood. Jean Bacardi arrives and states the dog is hers. She says she got the dog a few weeks prior, and it's not yet trained on the family's electronic fence. The officer gives Bacardi a warning.
May 21, 2014 - Waukegan
Brian Bacardi starts an eight-day stay in the Lake County Jail, held in contempt of court as the result of one of this case's many complicated stories.
May 22, 2014 - Hawthorn Woods
Hero and the Bacardis' new dog, a beagle-mix named Panda they adopted in 2013, chase several people around at a nearby bus stop. The responding police officer receives a call later that afternoon from a concerned neighbor who saw the dogs were loose. The officer encourages her to keep calling police as, "this is a problem for the residents in this neighborhood."
July 2014 - Carol Stream
The Bacardis send Heidi to live at the Happy Paws Pet Resort.
March 16, 2015 - Hawthorn Woods
The Bacardis attend a Hawthorn Woods Village Board meeting with a proposal: revoke the death warrant on Heidi and the family would find a new home for the dog.
March 19, 2015 - Hawthorn Woods
Hawthorn Woods village attorney Patrick Branklin responds to the Bacardis' request: "The unanimous consensus reached was not to settle."
April 2015 - Hawthorn Woods
The Bacardis design fliers asking for support, and print enough to deliver to every house in the village. They circulate a petition to save Heidi's life that has received 441 signatures as of April 30.
(Chicago Tribune - Apr 30, 2015)
These people are a MENACE to everyone around them! They have zero common sense or responsibility... Everything is "unfortunate, unlucky, bad luck, an accident" it's unreal!
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