(WBBM NEWSRADIO) — Criminal charges will not be filed against a Wayne resident who fatally shot his next door neighbor’s dog last month.
During a press conference Wednesday afternoon, Kane County State’s Attorney Jamie Mosser said the shooting was legal because the shooter, Hal Phipps, feared for his life.
On Aug. 10, surveillance video shows two Dogo Argentinos running from the Fox River onto Phipps’ property on Pearson Drive.
The dogs were owned by his next door neighbor, Joe Petit.
The dogs approached Phipps, and an independent witness confirms they started barking aggressively.
“Phipps told deputies that he then fired one shot from a five-shot, .38-caliber pistol at close range,” Kane County Sheriff Ron Hain said.
The dogs then ran back to the Fox River, where one of them, 2-year-old Ludwig, died from the gunshot wound.
Mosser noted that Phipps alleged he was attacked by Ludwig a month earlier and carried a gun on his property out of fear for his safety.
“Under Illinois law, Mr. Phipps can claim that it was necessary to shoot Ludwig to protect himself from great bodily harm or death,” said Mosser.
The Facebook page “Justice for Ludwig” has been flooded with posts by those angered with the announcement.
Sheriff Hain acknowledged the high emotions but said his investigation focused on the facts.
“We had solid evidence in the surveillance video, we had solid evidence that one shot was fired from this firearm and the independent witness who came forward later was a huge piece to the puzzle,” he said.
Mosser said the investigation was not swayed by the fact that Phipps is the husband of Wayne Village President Eileen Phipps.
“This decision that was made today has nothing to do with politics,” she said.
Joe Petit couldn’t be reached for comment Wednesday.