That friend, Rage Sweatt, also 8, said Rickey walked inside the morning of July 5 without anyone in the house opening the door for him.
Whether Rickey was let inside or came in on his own is a critical detail for hearing officer Charles Cino, who presided over a public hearing Wednesday and must file a recommendation to the Flagler County Commission on whether Bacchus should be declared dangerous.
The recommendation is expected to be issued within the next two weeks. Commissioners will decide during a future public hearing whether to follow Cino's recommendation.
Following Wednesday's hearing at the Flagler Humane Society, Cino told The News-Journal that he basically must consider two major issues: whether Rickey sustained "severe injuries" from the bite, and whether Bacchus was protecting his owners' property.
Bacchus is owned by Rage's parents, Jay and Dawn Sweatt, who live on Remington Road in southern Flagler County.
Rickey, the son of Rick and Geri Westfall, rode his bicycle the short distance to the Sweatt's house.
He showed up earlier that morning to hang out with Rage and was told by Rage's older sister that his friend was still asleep. He came back about an hour later and that's when he was attacked, according to testimony and statements given by attorneys representing the Sweatt family and Flagler County Animal Control.
But the two sides differ on whether Rickey had permission to enter the house. Rickey testified Wednesday for less than 10 minutes.
"The dog just came up and bit me in the face," Rickey, who has a visible pink scar below his right eye where he was bitten, told Cino.
Rickey said the 80-pound Labrador had bitten him on two previous occasions, but the dog was only playing.
"This bite wasn't playing," the boy said of the most recent attack.
Rickey insisted he didn't walk into the Sweatts' house without being let inside by Rage. He was asked by attorney Vincent T. Lyon, representing the Sweatts, whether he had ever entered the house without being invited inside.
"Never in my life," Rickey said. "That's never happened."
Lyons asked him why he's never done so.
"It would be wrong," Rickey said.
"Why would it be wrong?" replied Lyon.
"I don't know."
Rage was called to the stand seconds later and said he never let Rickey inside the house.
"He just kind of walks in," Rage said.
When the doorbell rang, Rage, who was in the family room, got up to tell his parents that Rickey was at the door but before he could do so, Rickey had come inside and Bacchus bit him, Rage testified.
After he was bitten, Rickey was driven home by Jay Sweatt and the boy was taken to a hospital emergency room by his father.
Sean Moylan, the attorney representing animal control, said the bite makes it clear the dog should be considered dangerous.
"A dangerous dog is any dog that has aggressively bitten, attacked or endangered, or has inflicted severe injury on a human being," Moylan said. "This dog has done all of those things."
Lyon in turn argued that if a burglar had been stepping into the house instead of Rickey and Bacchus had bit him, "the dog would be declared a hero." He also said the statements made by everyone in the house that day — Rage, his sister and his parents — were consistent. They contend that Rickey entered the home without anyone letting him inside.
After the hearing, Dawn Sweatt conceded that Rickey had suffered a "horrible bite" and the entire situation has been emotional for everyone.
Jay Sweatt said the dog was only doing "what it was trained to do." He amended that by saying his dog was acting on "instinct" when it bit Rickey.
Rickey's father, Rick Westfall, said everyone in the neighborhood gets nervous near the Sweatts' house.
"All of our neighbors are afraid of that dog," Westfall said.
If county commissioners declare Bacchus dangerous, the Sweatts will be required to erect a fence and muzzle the dog whenever it is around children, including their own, attorneys said.
(News Journal Online - Aug 19, 2015)
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