INDIANA -- A Shelby County Judge returned a pit bull to its owner despite the fact that some neighbors say the animal is vicious.
The dog is known by neighbors for its recent attack on animals and a man. The attack happened along West Private Road 950 North.
"I feel a pit bull has more rights in the Shelby County than a tax payer does," said Joy Fowler, attack victim.
Fowler feels that way because of a pit bull that's now free even after investigators say it caused injuries to Fowler's horse and mule when it attacked them last month while Fowler and her husband rode the animals in their neighborhood.
The dog is known by neighbors for its recent attack on animals and a man. The attack happened along West Private Road 950 North.
"I feel a pit bull has more rights in the Shelby County than a tax payer does," said Joy Fowler, attack victim.
Fowler feels that way because of a pit bull that's now free even after investigators say it caused injuries to Fowler's horse and mule when it attacked them last month while Fowler and her husband rode the animals in their neighborhood.
When Fowler's husband ended up on the ground, Fowler says the dog went for him too.
"He kicked it away. Kicking it under its chin six times. It came at him 6 times before it finally decided he was stronger," said Fowler.
Shelby County Animal Care and Control impounded the dog but a court order from a Shelby County judge just set the dog free and back in the care of its owner and Fowler's neighbor Deborah Helm.
"I didn't think the animal needed to released. I think the animal needed to be put down," said Keith Barrett, Shelby County Animal Control.
Keith Barrett runs the city county Animal Shelter and says his hands were tied.
"He kicked it away. Kicking it under its chin six times. It came at him 6 times before it finally decided he was stronger," said Fowler.
Shelby County Animal Care and Control impounded the dog but a court order from a Shelby County judge just set the dog free and back in the care of its owner and Fowler's neighbor Deborah Helm.
"I didn't think the animal needed to released. I think the animal needed to be put down," said Keith Barrett, Shelby County Animal Control.
Keith Barrett runs the city county Animal Shelter and says his hands were tied.
"I had no choice," he said.
Neither did the city.
"If this would have happened in the city limits, the dog probably would have been put down," said Shelbyville Mayor Scott Furgeson. "Because it happened outside the city limits, there was nothing we could do."
Neither did the city.
"If this would have happened in the city limits, the dog probably would have been put down," said Shelbyville Mayor Scott Furgeson. "Because it happened outside the city limits, there was nothing we could do."
The county's deputy prosecutor says neither could they. According to state law, the dog could only have been put down with a court order and only if criminal charges were brought against the owner.
Instead, the pit bulls's owner got a ticket for having a dog running loose an $89 fine.
But for Joy Fowler, the attack and dog's release cost her something more precious: her peace of mind.
"I'm scared," she said.
Instead, the pit bulls's owner got a ticket for having a dog running loose an $89 fine.
But for Joy Fowler, the attack and dog's release cost her something more precious: her peace of mind.
"I'm scared," she said.
Since the dog's release, Fowler says she's afraid to even come out her front door, not sure if the dog is lurking just around the corner.
"Would you want this dog that has been through this, living next to you?" said Barrett.
"It's living next door to me and I have no choice," said Fowler.
24 hours after the dog's release, it nor its owner were home, leaving Fowler to wonder where they are now.
We contacted the dog's owner and her attorney for comment. Neither returned our calls.
The Shelby County Deputy Prosecutor says they've now received additional information about the dog and they're considering more charges.
(WTHR - Original story ran September 3, 2010)
