INDIANOLA-It all started-on March 5th, when Jim Robertson walked near East Gresham and Highland Drive. As he walked, two pit bulls attacked him, and he went to the hospital with extensive injuries.
After more than a month reviewing the case, Indianola municipal judge Valerie Dorsey said the evidence was not strong enough to clearly link the attack to the dog owner or the dogs involved.
Dog owner Marcus Hampton calls the situation troubling.
“As a dog owner myself I feel that it’s unfortunate that it happened and what needs to happen is the owners need to be held accountable to the highest standard of making sure their dogs are secure,” said Marcus Hampton.
In a court order obtained this week by The Enterprise-Tocsin, judge Dorsey pointed out the flaws in the city’s case.
She said charging documents failed to cite the correct city ordinances—and even if they had, the city didn’t prove the case beyond a reasonable doubt.
Ward 2 Alderman Darrell Simpson disagrees with the judge’s decision and said the city board will discuss the issue next Monday.
According to The Enterprise-Tocsin, Animal Control Officer Jamie Davis said dogs were removed from the Highland Drive home, but Judge Dorsey found no clear link to the attack—or proof the dogs matched the city’s definition of pit bulls.
We asked Davis about the verdict, but he declined to comment.
The Enterprise-Tocsin also reported the city failed to call an eyewitness who spoke to Robertson before the attack and reportedly scared the dogs away with a gun shot.
Hampton said he hopes something is done and urges people to be careful.
“If a fine needs to be put in place to make sure they keep that dog secure then that’s find. But we can’t go around just because it fits right now making sure a dog is banished when you really in its territory,” said Marcus Hampton.
Judge Dorsey called the attack “tragic” but said with the city failing to meet its burden of proof, she had no choice but to drop the charges and order the dogs returned.
Indianola mayor Ken Featherstone released a statement about the verdict: “As most citizens are aware, Judge Valerie Dorsey has issued an Order of Dismissal on three separate charges filed against the defendant in the recent dog bite case. During said incident, an innocent citizen was brutally attacked by vicious dogs. It was the hope that justice could be served in this case. However, in the attempt to bring prosecutorial action against the owner of the vicious dogs, the case was dismissed on all charges. There will be an inquiry made to determine where the weaknesses of the case where and why the burden of proof was not met. It is the duty of City government to make certain that its citizens are safe and to make certain that local ordinances are adhered to. Although it appears that mistakes may have been made, we must strive to make certain that government of the People and by the People operates for the People.
To all of the citizens and families affected by this incident, you have my sincere apology regarding the outcome of this case. You are in my prayers, and my door is always open to hear your concerns. Thank you and God bless you all.”
Sincerely,
Mayor Ken Featherstone
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