Kane State’s Attorney: No grand jury for case involving fatal dog shooting in Wayne

After May announcement, Kane State’s Attorney declines to explain turnabout

Joe Petit, whose dog Ludwig was shot to death by a neighbor, holds up signs during the Justice for Ludwig protest outside the Little Home Church by the Wayside in Wayne on Saturday, Jan. 7, 2023. Inside the church a town hall meeting took place to discuss an architectural review of the village hall and police department.

ST. CHARLES TOWNSHIP – Kane County State’s Attorney Jamie Mosser will not take the case of a fatal dog shooting in Wayne to a grand jury.

In a May 2022 news release, Mosser announced she would bring the 2021 Ludwig dog shooting incident to a grand jury to review facts and law surrounding the animal’s death. But in a Jan. 6 email to the Kane County Chronicle, Mosser stated she changed her mind.

Ludwig, a Dogo Argentino, was shot to death on Aug. 10, 2021, by Hal Phipps, husband of Wayne Village President Eileen Phipps.

Phipps is a neighbor to Ludwig’s owner, Joe Petit.

“I can confirm that I am not going forward with the grand jury at this point and have explained the reasoning to Mr. Petit,” Mosser’s Jan. 6 email stated. “He has asked to meet with me further and I have agreed to that.”

Mosser declined to elaborate on the reasons for changing her mind regarding to the grand jury.

Stephanie Porteous of Campton Hills holds up a sign during the Justice for Ludwig protest outside the Little Home Church by the Wayside in Wayne on Saturday, Jan. 7, 2023. Inside the church a town hall meeting took place to discuss an architectural review of the village hall and police department.

“I am disgusted,” Petit said. “I am dumbfounded. She rescheduled it (the grand jury) about half a dozen times from the time of the press release. Then finally … she says she’s not going to do it any more.”

Mosser’s email stated that she was meeting with Petit at his request.

Petit said their meeting is scheduled for Jan. 27 at his house.

At a Sept. 14, 2021 news conference, Mosser and Kane County Sheriff Ron Hain announced there would be no charges brought against Phipps because the investigation showed the shooting was justified. Because Phipps is married to Wayne’s president, the Sheriff’s Office handled the investigation.

Justice for Ludwig protesters hold up signs asking for new village leadership outside a town hall meeting at the Little Home Church by the Wayside in Wayne on Saturday, Jan. 7, 2023.

“And the facts and the relevant law in this case show that I cannot charge Mr. Phipps as a result of the shooting,” Mosser had said at the 2021 news conference. “It is my belief, from the evidence we have now, that Mr. Phipps feared for his safety and his life and was legally justified in the shooting of Ludwig. As such, no charges will be filed against Mr. Phipps for the shooting of Ludwig.”

The shooting prompted a “Justice for Ludwig” movement through social media, yard signs, bumper stickers and letters to the state’s attorney.

The movement continued with a protest Saturday, Jan. 7 outside a Wayne church where a town hall meeting was scheduled to discuss an architect’s recommendations on the village hall and police department.