ST. CHARLES TOWNSHIP – Kane County State’s Attorney Jamie Mosser will ask a grand jury to review facts and law surrounding the shooting death of a Wayne resident’s pet dog late last summer, she announced in a news release.
Facts not in dispute are that, on Aug. 10, 2021, Hal Phipps of Wayne shot and killed a Dogo Argentino named Ludwig, which belonged to his neighbor, Joe Petit.
In dispute since has been whether Phipps’ actions were justified within the law.
Phipps is the husband of Wayne Village President Eileen Phipps.
The office of Kane County Sheriff Ron Hain investigated the shooting for several weeks.
After a review of the facts and the law, Mosser announced at in a news conference in September 2021 that criminal charges were not appropriate, citing evidence that Phipps had acted out of necessity, the release stated.
According to the law, Phipps reasonably believed his life or safety was at risk when he fired a single, fatal shot at Ludwig, the release stated.
But questions about the fairness and transparency of the investigation and review have persisted from Petit and Ludwig’s supporters, the release stated.
Mosser expects to present the case to a grand jury by the end of May.
The independent review will be done in conjunction with Petit’s attorney, the release stated.
“I will bring the case before the grand jury for an independent review and in conjunction with Mr. Petit’s attorney,” Mosser stated in the release.
“Although I am in no way bound to revisit this case, I have agreed to do so based on a number of requests regarding the evidence and the law,” Mosser stated in the release. “It is my hope that once the grand jury process is complete, regardless of the outcome, that everyone will abide by the grand jury’s decision and conclude that the process has been fair, neutral and transparent.”