Okay.

We will call to order the special meeting for animal care and control commission.

And uh Heather, could you take roll to verify a quorum?

Tangela here.

Tamara.

Here.

Bill.

Lisa.

Here, Linda.

Here, Nancy.

Here.

We have a quorum.

Thank you very much.

And how this will work is we have we do have two hearings scheduled today, and we'll read the first one into record, and then the board will determine that there is or isn't probable cause.

If there's probable cause found, we'll move forward with the hearing.

If there's found to not be probable cause, then that hearing will be canceled.

If the second one, and then we'll do the same for the second one whenever we're done with the first one.

This occurred on three at 3 55 PM on 428 of 2026 at 6517 Old Boonville Highway, Evansville, Indiana, which is the residence of the complainant.

Was a bite report completed.

So there were no humans injured.

And on an animal, this was the second attack by two dogs.

The two dogs who had previously attacked sheep, Tinkerbell, caused causing life-threatening injuries, were loose and walking toward my barn and paddock.

And housing miniature horse and sheep.

The dogs left when Elizabeth when they saw Elizabeth.

Upon further investigating.

Investigation.

Blood was found inside the pin.

A sheep wound was found on sheep right high and thigh beside scar from previous attack, and one of the dogs harnessed were on the fence where was broken through.

While driving, I call my called 911 to report animal control.

Returned my call and I explained what happened.

I believed they found the report from 1230 25, two ID dogs and owner.

When I arrived, inspected wound and checked miniature horse for damage, did not see any wounds on the horse at the time.

She came out to my residence and euthanized sheep while waiting on vet.

I found I was informed by EPD that dogs had been found and captured.

I witnessed conversation between EPD and animal control as to next steps.

I hope dogs will not return be returned to owners.

Did not report to animal control because I was consumed with driving dogs out of fenced in areas, so I call I could tend to sheep dogs returned December 30th, 2025.

Horse and sheep were locked in barn.

My daughter Elizabeth witnessed them digging around to door and trying to enter barn.

We tied a leash to dogs harnessed to calves, no, and cables and oh and called animal control.

Dogs were taken.

I was advised by animal control, dogs had been released when a couple of days later.

I've had to keep my sheep, horse and sheep locked in barn for fear of atack.

Oh, another attack after three months of not seeing dogs.

I let many horse and sheep out yesterday.

That's the complaint with that.

Do we have probable cause for today's hearing?

I'll make a motion that we have probable cause.

So we have a first by lease and second by bill for probable cause for today's hearing.

All those in favor say aye.

Aye.

Any opposed, nay.

We do find probable cause for today's hearing.

And legal counsel will take the next step.

Thank you, Nancy.

My name is Andrew Boykin, and I'm a assistant city attorney.

I'm not a member of the Animal Control and Education Commission.

And I am not a judge.

I'm not here to weigh the evidence or make a decision.

My role today is limited to that of a moderator.

And just ensuring that this process complies with the Evansville municipal code.

So I have been asked by the commission again to moderate this hearing.

It is the commission again, not myself, that shall weigh all the evidence and make a decision as to whether the animal described in that complainant, is a dangerous dog.

So given that complaint.

Thank you, sir.

And then the respondents.

Is the owner of the dog identified in Mr.

Allison's complaints present today?

Thank you, ma'am.

Alright, so you've all uh witnessed the commissioners move for probable cause or find probable cause.

So they're all up here on the dais.

They are authorized pursuant to Evansville Municipal Code 6.05.150 to declare an animal to be a dangerous animal.

They shall again review the evidence and render a decision to declare whether the animal is dangerous.

It is really that simple, it's either dangerous or it's not.

A dangerous animal is defined as any animal which presents a substantial threat of bodily harm to any person or pet in its vicinity, or if it were to escape its primary enclosure or escape from the control of its owner or custodian.

Such determination is to be made from past acts of aggressive behavior justifying the determination that it is indeed a dangerous animal.

A dog's breed shall not be considered in determining whether or not it is dangerous.

I repeat again, a dog's breed shall not be considered in determining whether or not it is dangerous.

And so when people approach the podium to give testimony this morning, I know it's in conversation.

Commonly we all refer to dogs by their breeds, or that's often in the front of our mind when we visualize the dog, but they just try to make a good faith effort not to mention the breed of the dog at all, because it could prejudice the owner of the dog in this case, and we don't want that.

Now, an animal may not be declared dangerous if, one, the animal was protecting or defending a person within the imminent vicinity of the animal from an attack or assault.

Two, at the time the recipient of the attack was committing a crime or offense upon the property of the owner or custodian of the animal.

Three, the recipient of the attack was teasing, tormenting, abusing, or assaulting the animal, or in the past had teased, tormented, abused, or assaulted the animal.

Four, the animal was attacked or menaced by another animal, or the animal attacked was on the property of its owner or custodian.

Five, the animal was responding to pain or injury or protecting itself, its kennels, or its offspring, or six, the person or domestic animal was disturbing the animal's natural functions, such as sleeping or eating.

And neither growling nor barking nor both shall alone constitute grounds upon which to find an animal to be dangerous.

So that's the substance of it.

And now I will explain the process of it.

So the parties may provide any evidence they wish the commission to hear, including any witnesses, which I suspect many of the people uh present here today are here in their capacity as witnesses, or they're just watching uh the show.

In either case, any witnesses, pictures or video they may have.

Note though that any pictures or videos must be in a form readily able to be transmitted to the commission to keep any evidence submitted to the commission in the form of an exhibit, which is just a tangible item like a document, picture, flash drive, whatever, will be kept by the commission and will not be returned to the parties at the conclusion of the proceedings.

So don't give your phone to Nancy or anybody up here on the dais.

If the evidence you wish cannot be transmitted to the commission, the commission may not consider that evidence.

So first, the complainant, uh Dwayne Allison shall present his testimony.

The commission may ask questions of the complainant, but only questions.

It will not make comments or weigh the evidence at that time.

And then after Mr.

Allison presents his evidence and his witnesses, then the respondent shall come up to the podium, present her testimony, respond to anything raised by Mr.

Allison, present her own exhibits.

And as with Mr.

Allison, the commission may ask questions of the respondent, but it won't comment on the evidence, it won't do anything like that, just question and answer.

Then after the respondent goes, and we go back to the complainant, Mr.

Allison, he will then have the opportunity, but is not required to.

Any members of the audience do not speak from your seats.

All testimony must be conveyed to the commission from the podium, and just everybody wait their turn to talk.

Again, each party will have the opportunity to address the commission as tempting as it is to inject yourself and say, Well, wait a minute, just you will have your chance, rest assured.

And please speak clearly into the microphone, of course, loud enough for all to hear.

That's not going to be a problem.

The first time, this is important, the first time you address the commission from the podium, please state your full name and address so that it's entered into the record, so that in the event that this uh hearing is listened to later on down the line by you know, say it's on appeal, whatever, they can identify who's talking.

Now, uh, just do that any time you come up to the podium and we'll be in good shape.

I also ask that each party and their witness speak and act with respect towards the other party, myself and the commission, that all goes without saying.

I will also remind the commission that during the testimony from any party or witness, the commission may only ask questions of the witness and may not offer any commentary at that time on the evidence being presented.

So once all the testimony has been received by the commission, then the animal control superintendent will deliver the report from the animal control department, and then after that step is completed, the floor will be open to any person on the commission to comment.

And then the commission, if necessary, may ask further clarifying questions of either the complainant or the respondent.

Once those two have each had the opportunity to present their testimony, any rebuttal testimony, and the commission has concluded all questioning that the evidence will be considered closed, and no further testimony evidence or comment may be considered by the commission during their deliberations.

That is to say, once everybody's done talking and has submitted their pictures, documents, and so forth, and the commission has received the animal control report and has started commenting, you may be tempted in listening to their comments to say, Well, wait a minute, what about this?

But at that point it's too late.

So get all your evidence and testimony in at the outset.

A few moments ago, we talked about what is considered a dangerous animal and what acts are not sufficient by themselves for an animal to be considered dangerous.

And this determination will be made upon a preponderance of the evidence standard that is sometimes expressed as like just a hair over 50% more likely than not.

If an injury to a person was involved, the commission would also have to take some additional steps, but we just heard the complaint there is no injury to a person alleged here.

But if or when the commission determines that the dog is dangerous, then it will have to decide which restrictions should be imposed upon the animal, and the commission will deliberate just open the floor once again and determine which restrictions, if any, should be imposed.

Both parties have the right to appeal the decision.

I mentioned that.

You must submit that appeal within 10 days of the decision.

So today's May 29th to either the Vanderburgh County Superior or Circuit Court by verified complaints.

With all of that out of the way, we will now proceed with the hearing before we do so.

Any person desiring to give testimony today, if I could ask you if you were able to, please stand and raise your right hand so that you may be sworn in.

We had someone step out.

Is that someone who was that is the respondent, yes.

So we'll have to do all me together.

Anybody that's going to testify?

Yeah.

Either hearing or just the first here.

Both.

Yeah, let's do it all on two birds with one stone.

Thank you.

Okay.

Do you each swear or affirm that the evidence you shall give shall be the truth, the whole truth, and nothing but the truth?

If so, please say I do.

Thank you.

At this time, the complainant, Mr.

Allison may begin with his testimony.

Sir, please step up to the podium and state your full name and address for the record.

And just so that everybody will know we'll have a timer going, and you'll have 10 minutes to present your case, each side.

And then for rebuttal, it's five minutes.

It will be paused any time that we are stopping and you asking any questions.

Okay.

That's 10 minutes total.

So if for yourself and anyone else that's going to speak.

Okay, thank you.

Dwayne Allison.

6517 Old Boonville Highway.

Um the 30th of uh November, a couple of dogs uh attack um my sheep.

The sheep is my miniature horse's companion or pet.

Um my son left about nine o'clock and heard dogs barking in the paddock area, went back and found uh the two dogs.

Um, and when the two dogs uh when he first saw them, they were shaking the back leg of my sheep like a dog would a toy.

And when they saw him, they came running over to him, wagging their tail, as though everybody would understand that this was appropriate.

The sheep appeared to be dead to me, was was laying lifeless, had very deep wounds down into the bone on the right um uh hip.

And um, I the only thought I had at the time was to get the dogs out of there to try to take care of the sheep.

And uh didn't occur to me to call any authorities.

I just wanted the dogs out of there because I wanted to tend to the sheep.

So we were finally able to get the dogs out of the paddock area.

Um they had um, they had like halters on them.

Um, and uh we began to tend to the sheep.

I called my vet, and uh he told me what I could do until first thing in the morning to take her to the vet.

She required surgery, uh, extensive surgery, and uh there were uh bite marks all over her body, um, on her ear on the other hip uh later.

Uh there was an infection that occurred in the bone on the other hip, left hip, that came from the bite.

My vet said that.

By the way, I have all this in evidence for you for you to keep if you would like.

That's if you want to hand it to the attorney, and then he will.

Yeah, actually, I apologize.

If you could just show the respondent, give her an opportunity to examine all of them and object.

My vet said that the dogs would return because they had had the taste of blood.

And I was especially concerned because before Christmas, we always have a drive-thru live nativity, and we were going to be having another couple dozen sheep and some llamas and other animals coming, and I was very concerned that the dogs may come back and attack them.

So I spent the night out with them.

On the 30th of on the 1st of uh of December, the day after the attack, I was talking to a neighbor, and they said that the that same night that the two dogs attacked a cat that the neighbor uh had uh was caring for, and uh she is here.

Uh if you would like uh to speak with her, uh Pat Buckingham is here to talk about that.

They uh they identified uh that they had posted on Facebook um lost sight that uh the dogs were running loose, and that's where I saw who the owner of the dogs uh were.

They had posted two husky, oops, I'm sorry, two dogs seen in Hickory Trace condo community uh wearing pink harnesses, and uh she uh responded to saying by saying she believes those were her dogs that they had got loose.

I have screenshots of those uh comments from Facebook.

Uh I from that from her Facebook page, posted uh or sent a message.

I said, I noticed your re uh your response to two dogs running loose in Hickory Trace on Sunday, November 30th.

I believe they got into the paddock area for my sheep at the church.

It was dark when we saw them over by the sheep.

The description uh descrip the descriptive part of it's hard to read this, and this isn't even my writing.

We could see that they had a pinkish harness, they did extensive damage to Tinkerbell my sheep.

You can go on my Facebook page to see the post I made the next day.

I'm sure they would have had blood on them when they got home that night.

We got them out of the paddock area so we could tend to the sheep.

Tinkerbell will make it, I believe, after extensive veterinary care.

As I said, they were very friendly.

Um, one more than the other.

The pictures match what we saw.

If you would like to contact, please, I would appreciate it.

And I believe I mentioned that I I was not interested in any type of financial remuneration or any, I just wanted them to keep the dogs away from my animals.

Um the 30th of December, one month to the day.

Uh the dogs came back.

I had the sheep and the miniature horse locked up in the barn, and they were digging trying to get in.

My daughter got there first.

She put, she tethered them.

I called animal control.

Uh, they eventually came, took the dogs, and a couple days later I was uh notified that they were back with the owner.

Uh a family with young children contacted me that lived just north of the apartment complex and said that their children were out and they had seen the dogs there.

They were quite frightened for the kids' sake.

Early February, I took a document to the front office of Westcott Apartments to describe what had happened to see if there was some way they could deal with it.

Again, I'm not wanting any trouble for the dogs or with my neighbors, but I do want the dogs to be kept away from my animals.

They indicated, though they could not tell me anything about their clientele, that they would do what they could.

I hadn't seen the dogs for a couple of months, and so I assumed that they were gone.

And I began to let the horse and the sheep back out into the open paddock area.

And I believe it was the first day on the 28th that I left them out and left the house to go across town.

And I received a phone call from the neighbors that they had seen the two dogs headed to my air to my house again.

I called my daughter to go over there.

She found them in the barn trying to get into the pen.

I called animal control.

I called the police, and I called everybody I could think of on the way home.

And when I got there, my daughter first said she didn't think that the dogs had been able to get into the pen.

When I got there, we noticed that there was that one of the halter, a yellow halter, inside one of the pens where they had broken through a fence to get into the other pen where uh Tinkerbell and Little Man were.

There was blood all over the place.

There were tufts of wool all over the place.

When the dogs saw my daughter Elizabeth, they ran.

And when I saw that the wound was the fresh wound, was next to where she had had extensive surgery before and had had many complications since.

So in the meantime, little man is quite lonely, and I'm really hesitant about whether I should get something else.

I want them to be safe.

So I'm very grateful for your time today, and my hope is that I'll be able to find another companion for little man without having a fear of an attack.

I'd also hope that animal control could be able to circumvent something like this happening in the future.

I would have wished that there would have been more done the first time I called.

If something had been done to perhaps Tinkerbell would still be with us.

I understand there are legal uh complications for that.

One other thing that I wanted to say.

Two days before the last attack, there were some kids that had been playing down on the church parking lot, the basketball hoops.

Young kids came up to my house and uh were frantic and crying and saying their three-year-old little brother had wandered off.

That was two days before the dogs came the final time to attack Tinkerbell.

That three-year-old was smaller than my sheep and much more important than my sheep.

And I was I'm very concerned about that.

I believe that wraps up.

And then you said you had somebody else to testify about it.

If you would like she had the if it's something that you would like for us to hear and feel important, other than she had a cat that the dogs had attacked the same night.

Uh and if you had questions for them, she would be willing to.

Do we have any questions for the one sheep, two dogs, and a miniature horse?

The sheep.

Yes.

The vet came out, saw the deep wound that was very close to um the previous surgery location, and where she had recently developed a deep abscess from that wound.

Um she said it's really not worth continuing.

Okay.

I sent a message.

Whether she saw that message or not, I don't know, there was no response.

Yeah, I'd like to hear what the lady has to say.

Have your other have your witness come up.

Okay.

Does the respondent have any objection to those exhibits?

Do you have any objection?

Um, the exhibits.

The packet that he gave you.

Yeah, I'm gonna hear the out there.

Okay, so are you here for the dog that the dogs that attacked the sheep?

Yes.

Are you do you have any objection to those pack that packet that he handed you?

Um she said, so she's not the owner.

I'm her sister.

Okay.

You're acting on her behalf.

Okay, but you didn't see anything in there that you felt was against what the records show that respondent has no objection to the exhibits.

Uh I can come take them from you.

Okay.

Okay, and if you'll if you'll uh state your name and address for the record, Pat Buckingham, 2540 Pertham Court, Evansville, Indiana, 47715, and I live at Hickory Trace, the condos.

Can you spell that street for me?

P-U-R-D-O-M.

Thank you.

Okay, then you had a cat that was attacked in the the same first night that um the two dogs with the the pink um harnesses, harnesses were in the neighborhood, and they were running around, and I have um a gray cat that they attacked and killed, and at the time I have uh two others that are they call on community cats that I've been helping, and uh my fear was two things that if they came back, I mean I was sorry.

If they came back, they might attack the other two cats, or we have a leash law at our condo, and some of those dogs that live there are very tiny, and I was worried about this and when they came back again if they might attack a small dog, you know, thinking it's a toy or something.

So it is concerned that if they came back, besides the dogs, the small child or another cat, you know, a small dog or other cats might be hurt, and like um what we said before.

Maybe there's some kind of answer for these dogs, I don't know, but I'm gonna we are concerned that they're in the neighborhood and they run loose.

Anything else?

And I'm sorry I missed what was the idea.

I didn't, I did see the the dogs out there, and the one as he said was friendly, and you just say, you know, go away, and they kind of they might do that, but it's still kind of concerning.

And I don't know the outcome of the cat.

The one that killed the cat, yes.

I saw I mean the two of them, there are two of them, and they were there, and then we saw them.

Okay.

I'm just saying they were the right ones with the pink harness.

Okay.

Thank you.

Any questions of the patent?

No.

I all I you know, I just have a picture of the cat, but I didn't take a picture of anything else.

If you if you want to see that.

That's up to you if it's something you'd like to enter into evidence.

It's just the cat itself before.

Yeah.

Okay.

Thank you.

Okay.

Thank you.

Okay.

Mr.

Alison, do you have any additional witnesses you would like the commission to hear from?

No.

Thank you.

Respondent sister.

Uh may not present her testimony if you would like to do so.

I don't want to uh force anybody to come up if you're feeling reluctant.

But um, yeah, would you like to speak?

Do you have anything you want the commission to hear?

No.

All right.

Then in that case, all testimony has concluded unless.

Do you happen to know anything about the dogs that you could?

Okay.

We need you to state your name for the record.

Robin Dawson.

And the address?

Yes.

Uh 1316 Keller Street.

What's the street?

1316 Keller Street.

Keller?

Keller.

Keller.

Okay.

Um I've had children around them.

My kids.

Um, and they've never I've never seen them hurt kids or anything.

What about animals?

Or animals?

I don't know.

Do you know how long she's had them or the history of the animals?

Years.

She's had them a few years.

I don't know.

Are they uh kept in a yard or is it an apartment?

It's an apartment.

Do you know how they keep getting out?

I don't know.

Is there a reason why your sister couldn't be here today?

She's sick.

Dang it.

Was she aware that they have a cat?

Is she in the cat?

I don't know.

I didn't hear nothing about no cats.

She said she's the sheep.

But uh she didn't say cat.

No, she didn't, not that I know of.

I think she I think she knows that the sheep.

I'm not going to call she or the sheep got a cat 12 times.

She knows that.

Uh she just told me that there was a sheep that got attacked.

So in this apartment there's no fenced area or anything.

And they can she keeps them in the killer in the thing.

In the apartment, but not.

I don't know if she is a small child, so I'm sure that there's baby babies.

So I really don't know.

But that's inside.

Outside, there's no fenced area or anything.

No, that's uh it's not a gated community.

I don't know.

It's it's like a you know what I'm saying?

Like it's normal like apartment complexes.

And how do they go relieve themselves?

Does she take them out?

Somebody takes them out and walks and I don't know.

Is your sister's what's your sister's name?

Cassie Banks.

Oh, here's those other numbers.

And here's that.

And that's I noticed in the Facebook that was the name of the person that claimed the two dogs.

Yes.

Do we need it?

Sorry, I didn't have any information.

Okay.

Any questions?

Any other questions we can?

No.

Do we know if they're spayed or neutered?

I'm sure that I don't know.

Don't know.

Can't we?

Thank you.

Is there anything else you want the commission to know before you sat down or um I take it you don't have anybody you'd like to call here with you?

I mean, I can see if I can put them on the phone.

No, that's not what he meant.

Call up to the podium.

No, I'm not here.

Okay.

Okay.

Thank you.

You'll wait.

Well, the hearing will continue.

And then there'll be conversation with you afterwards.

All right, Mr.

Allison.

Do you have anything new to add in response to the testimony that was just given?

All right.

Testimony has concluded.

Now the animal control superintendent will deliver the report from the animal control department.

Um so we have had history with King and Nala.

Um there's also another dog, but it was not involved in this incident.

Um going back until 2022.

Um they've been at different addresses even, so it's not just specifically that address where the same vicinity where they got out this time.

Um to my knowledge, they are not spader neutered.

Um I know that they've been reclaimed from us several times.

Um they're not showing any aggression towards people at the shelter, but we've not had them around animals to know how they respond to an animal.

Do you have the animals at animal control?

Or king yes, it's king.

King and Nala.

Yeah.

They've been there with a K?

King.

Okay.

Um, they've been there the whole time during the quarantine and then while waiting for the hearing.

How many times did you guys say that?

Um, at least five times could be more.

And they paid other animals.

Um, the only other incident that I see is when um Mr.

Allison called in on December thirtieth.

Um at that time, we were told that they were attempting to kill this sheep, um, but there was no confirmation.

Um, so the dogs were not in quarantine at that time, but they were put they were reclaimed by the owner.

So it was five times.

You only have one.

At least five times, yeah.

But she only had them.

Correct.

That I can that I was on record.

Yeah.

With them.

Right.

But we've got what two or three.

But if there is like with the cat situation, they didn't report it in.

November, December, and April.

And then you don't have any records on the dogs as far as rabies or anything.

No.

I know that they've gotten rabies vouchers and spawner vouchers from us, but it's not been proven that they've completed those.

And do you know if they're they chipped?

They should be, yes.

Okay.

Yeah.

I know Nala is for sure king.

I would have to verify.

Have we heard that before?

Probably.

It's a common name.

Oh, okay.

From Lion King.

I meant here.

Yeah, it's a common name.

Okay.

Before the evidence is concluded, I will give the complainant and the respondents' sister one last opportunity to comment on uh the report that was just read and discussed, or anything that we've talked about this morning.

Do either of you have anything you else you'd like to add?

Very good.

The evidentiary phase of this hearing is now concluded, and the commission will move on to deliberation.

And so first uh the commission must make the initial determination as to whether the animal is dangerous.

Uh as discussed earlier, under the Evansville Municipal Code, Section 605020, a dangerous animal is any animal which presents a substantial threat of bodily harm to any person or pet in its vicinity, or if it were to escape its primary enclosure or escape from the control of its owner or custodian.

Such determination is to be made from past acts of aggressive behavior, justifying the determination that it is a dangerous animal.

Stated differently, the commissioners must discuss on the record the reasoning behind the determination as to whether the animal is dangerous.

We also didn't get much from the respondent.

Right.

But then in the picture, we've gotten it.

Yeah, we've got the history and in the pictures.

We do have the yellow harness, the pink harness, then we have the yellow harness in the in the pen and um, yeah, we've and then five at least five times that they've been reserved.

Well then we know that the Facebook claim that didn't animal that involved animal control.

That was whenever the first attack happened, and then they came back.

Yeah.

Well, and the compla uh the complaint was uh Darrell Ellison said that he gave us both attacks.

They had a uh witness to that the herbicat was killed.

So, I mean, we got a lot of information from that.

Right.

Yeah, so it it's obvious that one animal, likely two or more, have been injured and killed.

So I make a motion that the dogs king and Nala be labeled dangerous animals.

I would second that.

So first by Tammy and second by Lisa to deem them as dangerous dogs.

All those in favor say aye.

Aye.

Any opposed?

Nay.

We do find them both to be dangerous dogs.

Alright.

So given there is no injury to a person alleged here, and we'll move on to determining any appropriate restrictions.

So the commission has determined that those animals identified in the complaint are dangerous animals.

No bodily injury is involved.

By virtue of Evansville Municipal Code Section 605 150, the owner must register such animal with animal control and provide prompt notification to animal control of any changes in the ownership of the animal and provide the names, addresses, and telephone numbers of such new owners, must inform animal control of any change in the health status of the animal, must inform animal control of any further instances of attack.

Must inform animal control of any claims made or lawsuits brought as a result of further instances of attack, and must inform animal control of the death of the animal.

So the commission may impose.

Oh, sorry.

The commission may impose certain restrictions upon the animal.

As I mentioned, pursuant to the municipal code, section six.

Those restrictions are as follows.

First, among the possible restrictions is that indoors, when not alone, the animal must be under control of a person 18 years or older.

Two, outdoors and unattended, the animal must be kept within a locked fenced area from which it cannot escape.

Three, when outdoors, the animal must be attended and kept within a fenced area from which it cannot escape.

Four, when outdoors, the animal must be attended and kept on a leash no longer than six feet and under the control of a person 18 years or older.

Five and six do not apply here because we have not determined, the commission has not determined serious bodily injury.

Seven may require the placement of a sign or signs of a description and in set places directed by the commission advising the public of the presence and tendencies of the animals.

Eight may require the attendance by the animals and its owner at training sessions conducted by a certified applied animal behaviorist, board certified veterinary behaviorist or other recognized expert in the field and completion of training or any other treatment as deemed appropriate by such experts.

The owners of the animal shall be responsible for all costs associated with the evaluation and training ordered under the section.

Or nine may require the neutering or spaying of the animal at the owner's expense unless medically contraindicated.

Eleven does not apply, 12 may order that if any of the conditions ordered by the commission subject to judicial review are not complied with, the owner shall be subject to a fine of not more than $2500 dollars.

13 may order if a further incident or attack occurs under such circumstances that the animal is determined to be a dangerous animal, the commission may impose or reimpose any applicable directives that I just mentioned.

Additionally, humane destruction of the dog may be ordered, but only where the further incident involves serious injury to a person.

Lastly, it may order the animal to be examined by a veterinarian to rule out an underlying treatable medical cause, which may be causing the animal to be aggressive.

Such examination shall be the owner's expense.

And then finally, pursuant to subsection D of 605-150, the commission may order the animal destroyed if none of the previously stated precautions are deemed sufficient to prevent the risk of injury to a person, although again there has been no serious bodily injury here.

At this time, the commission shall discuss on the record which orders and restrictions it wants to impose on the respondent and dangerous animals and determine by vote the orders and restrictions to be imposed.

So I don't think they should be outdoors unattended.

I think number three, when the animals outdoors, it must be attended and kept within a fenced area, or then it would have to be on a or number like number four, it's on a leash.

I agree.

So um I don't think these dogs can be outdoors and unattended, they must they need to be watched.

I've got three and four.

Three and four.

Three and four.

Well, if it's not in a secured fence, if they're out, if they're not in a secure, if they're not within a fence, they don't have a fence area around here.

Yeah, right.

So they're gonna have to be on a they'll have to be on a leash.

Today, we're but we need to consider a different living situation that they may be under.

That if they if they do move somewhere where there's a that they still that they cannot be out there unattended, they need to be attended to.

And then, um, it's like signs unless you're keeping you in an up in an apartment just like on a door or something, so if delivery, whatever, so the dogs aren't slipping.

I mean, so somebody knows maybe I don't know.

They're opening the door, the dogs slipping out that way.

Because we don't know how they're getting out.

And if they get out, I mean there's other animals that they've killed a cat, they've you know, I don't know, putting the sides, I don't know, they can put that in the door or window on the out in front of their brother.

Yeah.

Well, and anywhere they live to put it in the front and back.

Okay.

So three four seven, and then nine is neutering or spaying, which is definitely yes, and uh ten.

Ten for the microchipping if they're not.

I also think twelve, twelve, thirty.

If they come back to us and then thirteen if a person if um if they escalate people, then if they escalate to people, then we're in a different.

So I'm sitting there three, four, seven, nine, ten, twelve, and thirteen.

Correct, agreed, yeah.

Any other thoughts or okay?

Do you have thirteen, to be 12 and 13?

Yes.

Okay, twelve, thirteen.

Yes, yeah.

So you want three, four, seven, nine, ten, twelve, and thirteen.

That's that emotion.

And that's my motion.

So we're first by lending, second by bill for three, four, seven, nine, ten, twelve, and thirteen.

All those in favor say aye.

Aye.

Any opposed, nay.

We agree with those.

Can you specify on number seven where you want the sign to be placed?

If it could be on their door, or like the front of their action for facing window, or if there is a if there's another entrance, but then if they do move, then they need to make sure they have it at their front and back doors.

Right.

Yeah.

Yeah.

Okay.

All right.

The commission has determined to impose those aforementioned restrictions on the animals.

Both parties have the right to appeal this decision.

A decision of the Animal Control and Education Commission, if appealed, shall be appealed within ten days of this decision to either the Vanderburgh County Superior Court or the Vanderburgh County Circuit Court by verified complaint.

So the commission will not be dismissed as they usually are when these are done.

But all questions and or comments that anyone may have following the conclusion of these proceedings, may only be brought to myself and/or the superintendent, the animal control, uh, and care shelter.

Is there a way to make sure they get spayed or neutered before they leave?

Yeah, we can put it on there.

Okay, because I I feel like since there's been five previous that, I mean, is that something I need to make a motion for?

Yeah.

I would do that.

Okay.

Uh I make a motion that um the two dogs are spayed or neutered before they leave the shelter.

Uh and I think they also need to have shots up to, I mean, that also needs to be in there too, that needs to be required.

Right.

That all that veterinary stuff needs to be taken care of.

And that should be before they're released, standard, so to speak.

So they need so okay, amend my motion.

They get spayed neutered and they're brought up to date with their rabies and other um required vaccinations by city or county or state laws.

I second that.

So we have a first by Lyndon, second by Lisa for them to give B spayed and neutered prior to leaving it.

And then up to date on vaccinations.

And all those in favor say aye.

Aye.

Aye.

Any opposed nay?

Yeah.

Not feeling good about it.

All right.

So the commission has decided to impose that additional uh restriction that the animals be spayed neutered and up to date on all their uh vaccinations as required by state law and local law.

That does conclude this hearing.

As I mentioned, each party has 10 days from the date of this decision to appeal it to either the Vanderberg Circuit or Superior Courts.

And so Mr.

Alison and you are excused.

To both of you, I don't know.

Yeah, that's yeah.

On to number two, yes.

And she mean is there anyone here that wasn't sworn in that needs to be sworn in?

Okay.

Okay.

If you're able to do so, uh you can stand and raise your right hand.

That's to be sworn in, so you offer testimony today.

All right.

Do you swear or affirm that the evidence you shall give shall be the truth, the whole truth, and nothing but the truth?

If so, please say I do.

Thank you.

Okay.

So as in the prior, I will read into record the complaint, and we will make a vote on whether or not there's probable cause for this hearing.

The complainant is Jeff Moore living on Larkin Wood Lane.

And it's reported to be Jennifer Barnett as the owner with unknown information.

The incident occurred on 4 30 26 in front of 1504 Victoria Lane in Evansville.

There was a bite report completed.

There was a human that had superficial bite, but terrible emotional trauma.

There was an animal that was injured.

My dog had fairly superficial bites in the abdomen.

However, her behavior has changed, and she's an anxious snappy barks at other dogs she never did before.

There was a bite report and photos and phone on 4:30 and sent email to animal control with pictures and report attached.

Okay.

We have a typed report that I'll read this first and then I'll go back to the handwritten.

There's additional information there.

I was walking my dog on a leash in our neighborhood, Sutherland, about 6 15, April 30th, 2026.

Two dogs came from behind, unseen and unheard, attacked my shitsu.

They were on top of her biting because, and because of that, I could not pick her up and fell on top of her to protect her.

The other dogs, yell, wave them off to no avail.

They were very aggressive and continued.

I ran into a neighbor's fenced courtyard and the dogs then got through the fence and continued attacking.

I was able to shelter inside the neighbor's house, yet the dogs would not leave.

My wife picked us up in a car.

The dogs followed us to our house and stayed on our driveway.

And it stated that there's a picture of one.

I called 911 and later filed a bite report with animal control.

I have a bite on my hand and the picture included.

And my dog has two bites on her abdomen, two pictures.

The appearances of the dogs and the owner's name, Jennifer Barnett, with the phone number.

And that was from Jeff Moore.

Says please see attached report by email, which was what I just read.

I had no idea these dogs were present.

They came from behind suddenly and attacked my dog.

I had to fall on top of her to protect her.

They continued.

I got through a gate into a small courtyard and the dogs found a gap and the and continued after us.

I had to shelter in the neighbor's house.

Dogs followed us home and waited at the end of our driveway until we left the house.

The owner posted on Facebook, which I don't use, but a neighbor saw it and called her, and I am told she came and picked it up, picked him up.

Or picked them up, sorry.

I am most concerned because the neighbor told me the owner had posed that they're escaped her house several times before.

Obviously, she is not controlling her dogs.

This was very dangerous.

The dogs were more aggressive, persistent and frightening.

If could have been tragic, we have many older folks that walk their small dogs every morning in our neighborhood.

This could happen again.

The dogs seem to be primarily attacking my dog, not me.

I just got in the middle.

I do not desire for the dogs to be destroyed.

The owner needs to be held properly accountable and suffer the consequences of her neglect.

Negligence.

That's the complaint.

I think we have uh enough for um labeling the animal dangerous dog.

Obviously, there were a probable cause for today's hearing.

Correct.

There was a there was injury reported, so there's probable cause for the hearing.

I second.

So we have a first by Taming, second by Linda for probable cause for today's hearing.

All those in favor say aye.

Aye.

Any opposed nay.

We'd find probable cause for today's hearing.

Thank you, and uh may I'm I don't believe you're here at the beginning.

Are you here as the owner of the I'm sorry?

I have to have a okay.

Um I'm just going to briefly run through the process.

I know everybody else here has heard it already, and everybody on the commission already has, so I don't want to uh spend too much time with it.

But my name's Andrew Boykin.

I'm an assistant city attorney.

I'm here to moderate this hearing.

I'm not the judge of any evidence presented today.

If there are objections to the admissibility of evidence, then I have to make a decision on those.

But otherwise, um, I'm just here to ensure that the proper process is followed.

Um a dangerous animal is defined as any animal which presents a substantial threat of bodily harm to any person or pet in its vicinity, or if it were to escape its primary enclosure or escape from the control of its owner or custodian.

That determination is made from past acts of aggressive behavior from the animal that justify that determination.

A dog's breed shall not be considered in determining whether or not it is dangerous.

Again, dogs breed, not a factor, and in fact, uh all parties and potential witnesses must make a good faith effort to refrain from referencing your dog's breed.

Um, that's that's hard to do.

I I get that, but uh please try not to mention that.

An animal may not be declared dangerous, may not be declared dangerous.

If it was protecting or defending a person within the imminent vicinity of the animal from an attack or assault, if at the time the recipient of the attack was committing a crime or offense upon the property of the owner or custodian of the animal, if the recipient of the attack was teasing, tormenting, abusing, or assaulting the animal, or in the past had done so.

If the animal was attacked or menaced by another animal, or the animal attacked was on the property of its owner or custodian, if the animal was responding to pain or injury, or protecting itself, its kennels or its offspring, or if the person or domestic animal was disturbing the animal's natural functions, such as sleeping or eating, and neither growling nor barking nor both are alone grounds upon which to find an animal to be dangerous.

We'd all be in trouble if that were the case.

Gonna outline the procedure of today's hearing and lay some ground rules.

Um you anybody here, the parties may provide any evidence they want the commission to hear.

You can call up witnesses, you can submit pictures, videos, documents, any documents or picture video and so forth that you offer into evidence will be kept by the commission.

You won't get it back.

So just be sure that it's in a format that you're comfortable with uh parting with for good.

First, the complainant will present their testimony.

The commission uh will ask questions of the complainant.

Then the respondent will present her evidence.

The commission will or may ask questions of the respondent.

Then the complainant will have the opportunity to offer any rebuttal evidence, not required to do so.

You can rest on your case, so to speak, if you want.

And if the complainant does take up the opportunity to present rebuttal evidence, then the respondent will have the final say and offer some last uh testimony and evidence.

So from there, once all the testimony has been given, the commission's asks all the questions that it wants to ask.

The animal control superintendent will deliver the report from the animal control department, and then only then the president will offer the floor to any person on the commission to comment with the introduction, the receipt of that animal control report.

There will, of course, be further questions from the commission, and from there, that will be your last opportunity to say something to the commission, tell them anything you want them to know.

Once that's done, evidence will be closed, and you will not have any other opportunity to present evidence.

And that's important because the commission, as you I think you just saw, they will discuss their findings just out in the open, so to speak, and in front of you, and you'll be tempted to say, Well, wait, here's the answer to that, but that it's too late at that point.

So the commission will deliberate determine whether the animal is dangerous.

If an injury to a person was involved, the commission will also have to deliberate and determine whether the injury was a quote serious bodily injury, which is something of a term of art defined by the Evansville Municipal Code, and that's important because that raises the threshold of the types of limitations or restrictions that can be imposed on an animal if it's declared dangerous.

So with all that out of the way, we will now proceed with the hearing.

Everybody's been sworn in.

So thank you, sir.

My name's uh Jeff Jeffrey Moore.

Uh address 1501 Larkinwood Lane in Evansville, Indiana.

First want to thank you.

My understanding is you're a volunteer citizen group, and we appreciate your service to our community.

Uh I am not here with malice or vengeance.

I love animals.

I've been around animals my whole life.

I've had dogs my whole life.

I've had numerous encounters that were not of friendly nature with different kinds of animals, domestic and wild.

I've had dog bites before, but the kind of dog that runs out of the yard and bites me when I'm running by the house and then goes back and cowers, ashamed of what it did.

I have never had an experience like this.

I was terrified.

I'm here in fear today.

Uh you talk about bodily harm.

I've been harmed far beyond my body.

I'm hoping I won't have to go through counseling for this.

It was a terrifying experience to be attacked.

And am I dog attacked by dog by these other dogs?

And uh I'm grateful that it was me.

Had it been my wife or one of the other elderly ladies in our neighborhood that walked their little dogs and their dog had been destroyed.

Uh, it would have been very traumatic for them.

I don't think they would have gotten over it.

I will give you a timeline of what I learned.

Uh I don't intentionally use Facebook, but information's been given to me with postings and screenshots.

I have that information.

I'm going to use some of it to give my testimony, so I will make it available.

I do want to mention that I will not quote these things because it will identify the breed of the dogs.

The pictures, of course, if you're familiar, will identify the breeds of the dogs.

So I'm withholding that at this time as requested to do so.

But the event occurred on April 30th.

The night before the owner had posted on Facebook that they had busted out while carrying her things inside.

Going back and looking, this was not the first time this had been posted.

This was the 16th time.

I want to make sure you hear 16 times the owner has posted that I know of on Facebook that her dogs were missing.

They've gotten out.

When you look through the history, they have gotten out through the front door, they've gotten out through the back door, they've gotten out through the fence, they've gone under the fence, they got out through the gate, somebody left the gate open, somebody did something else.

There's multiple different things that have happened, but 16 times that we can document that these dogs got out.

That was on the night of Friday or April 29th.

And by what is in the Facebook postings, I don't know where the owner lives, but it would be approximately three miles from our neighborhood.

So these dogs overnight traveled three miles and ended up, I found on our front porch.

Because I found after the fact on our doorbell camera, these dogs going across our front porch.

And that was about 6 10 in the morning.

And it was about 6 15, 6 20 that I was out walking the dog, and I can I took some pictures of our neighborhood.

It's just walking down the street, it's quiet, nobody's out.

I hear no sounds, nothing.

Just walking my dog on the leash, and suddenly we are attacked by these two dogs.

And I had no idea what was happening.

They silently came up from behind and they were immediately on top of her.

She was screaming.

If you've ever heard an animal scream, and I've heard other animals scream, it's different than their barking, it's different than their normal noises, and it's a sound you never forget.

And my dog was screaming.

I couldn't even pick her up because these two dogs were on top of her, they're growling, they're biting, they're doing all the things that occur in an attack.

And I just immediately fell on top of her.

May have been a silly thing to do given what could have happened to me.

But that was the only way I could shelter my dog.

I was able to then stand and pick her up.

The dogs were unrelenting.

They kept attacking.

I was kneeing them the best I could.

I was yelling at them.

I was swinging the end of the dog's leash, our leash at them, and I was frantic.

And I looked up, and my neighbor who is here and can confirm as a witness what occurred, was standing in the courtyard right adjacent to the street, and I said, Peggy, I need help.

Can I come into your backyard?

She said, certainly.

And I scooted over there, she opened the gate enough that I could get through with my dog and not allow them to come in.

Closed the gate, took a deep breath of relief, set my dog down.

Here they came.

They came around through the fence.

These dogs obviously know how to escape from fences and get through fences.

And they were right back on her.

I picked her up immediately and asked if I could then shelter in her house, which she allowed.

And we got in the house and the dogs were unrelenting.

They're still right there by the by the glass door.

They can see us.

Didn't know what to do.

I couldn't leave to go home, called 911, and they said we'll contact animal control.

Well, 6:30 in the morning, animal control doesn't open till 10.

So that went nowhere.

And so at that point I called my wife, who came in our car to pick me up, and we walk uh I went to the door, the dogs wouldn't leave.

They finally went to the end of the street.

I could get in the car, and we drove down around the corner.

It's not far to our house, and the dogs followed us down there.

And pulled into our driveway in the garage, put the door down, and I was on my way to an appointment that morning, and I quickly went in to clean up.

I had grass and dog slobber and everything all over me.

And we got back in the car to go to the appointment, put the garage door up.

They're both still standing there at the driveway waiting on us, and I've got a picture through my car window of the dogs.

Um then I was told that one of the neighbors or someone had identified the dogs through the Facebook posting, and the owner did then subsequently come and pick them up.

I notified animal control later that day, they took a human bite report, and I asked for follow-up because it's concerned of rabies, and I was told they would be quarantined, and not to worry, I would be notified if anything was wrong.

I am a little unhappy with that type of process where someone who's bitten by a dog doesn't get any kind of information about that, and that the dogs were okay.

They didn't have rabies, stop worrying because you don't stop worrying, particularly after an experience like I had.

Since then, as I said, uh I will tell you right now, I did not suffer serious bodily harm by the definition given.

I did have a bite on my hand.

The dogs had two my dog two bites on her abdomen.

I had her examined by the vet who determined it wasn't a dangerous bite.

The serious harm done to me and the dog was all emotional trauma.

And I think that the municipal code is an error there, not including that as part of the definition of, but you can't change that.

You're bound by the code, I understand.

Um my concerns at this point, or this could happen again.

The dogs now know where our neighborhood is.

We have about 60 homes.

Probably 20 people or more in our neighborhood have dogs, and as I said, many of them are senior citizens, and many of them are older women and they walk their little lap dogs.

We are in a zero lot line neighborhood, so we don't have dog or large uh uh yards that you can have larger dogs to just let out.

So you have to go out and walk your dog.

I don't say have to, it's a joy to do so.

But that's what takes place all the time that these dogs could come back, and this outcome could be uh quite a bit more tragic.

Clearly, the owner has not taken the responsibility to keep these dogs under control.

This has happened over and over.

Apparently that the yard is fenced, but obviously it's not a functional fence to keep these dogs in, and they go out through the doors anyway.

So something needs to change in order to keep these dogs uh properly controlled and to protect us.

You know, the the citizens and our pets deserve to be protected from these kind of animals.

They may never have done this before, but they certainly have the potential to, and they certainly did.

And I, as I said, I have never seen anything so aggressive in my life.

It's scared me to death.

Uh that would pretty well describe what occurred.

So I will submit these as as you feel proper.

I as I said the the owner identifies the breed in her posts, and it I should mention it mentions in one of them they've been to animal control before, one of them was sheltered down there.

Uh the dog pound, apparently, if that's the same thing on another occasion.

So I don't know if there'll be reports from that or not.

Does the owner have any objection to?

Well, take a look at them first.

That's my bad.

They told me that it was over the staff that is your dog.

Well, you don't have to argue the merits of it.

I just want you to look at those documents and if you have any objections to the commission considering them.

Sir, are you is there someone else that was going to speak?

I'm sorry.

Is there someone else that was going to speak?

I would like for two additional people to speak.

Okay.

Uh, the first, go ahead.

I did not.

I I didn't know for certain.

I don't, as I said, use Facebook.

This was given to me.

Felt like I had some information that didn't directly come to me, and I felt I should go through the proper authorities, and I didn't want to create a dispute and get out of my lane, so I didn't go that route.

Should I sit down and have, or do you?

If you want to call it, we have aone else's questions.

Do we have any more questions for him for Jeffrey?

No.

Okay.

Okay.

Could I have my neighbor, please?

Hi.

My name is Peggy Chastain.

I live at 1504 Victoria Green Boulevard in Evansville.

Thank you.

Okay.

I was in my kitchen that morning when all I heard was screaming, like big time screaming, and I heard Jeff saying, Help me, help me.

So I went to the front window, and they was right.

They were in my front yard.

He was getting trying to get up from the yard.

He'd been on the ground.

So I ran to my patio and went to the gate and told him to get in there.

I could see the dogs were like all on him.

So I opened up the gate just enough for him to squeeze in, but no sooner than we got in.

I said, there is a gap on both sides of my brick columns there.

And I said, they'll probably find that gap.

So here they came through the gap there after us again.

So we got to my patio doors, and I took the dog from Jeff, took the dog in the house, and then I just cracked the door just enough for him to come in.

Well, he was out of breath, and I was, you know, he was bleeding.

And so then we decided that we would call 911 and proceed with that.

But it didn't stop there.

Those dogs were pacing on my patio.

Then we called his wife because he had an appointment that morning, and he said he got to go to that appointment.

So we couldn't even go out my front door because then they came on my front porch.

And so uh finally she had to circle the block a a few times to so the dogs would maybe drift off so he could get in the car, and then he told you the rest of it because they left.

But I I thought when we called 91, someone would come, but no one ever came.

So had you seen these dogs before?

No, ma'am.

No, no, ma'am.

No.

We have little bitty dogs in our neighborhood.

We all all our neighbors are elderly.

We have no children in our neighborhood, and everyone walks their dogs.

So I got on the phone and called some of the neighbors who have little dogs to tell them to hold off walking their dogs that morning because we had a little bit of an attack there at my house, and they're like, we're gonna get the word out.

So they called everyone and alerted everyone not to take their dogs out that morning.

So any questions?

Oh, thank you.

Thank you.

Mr.

Moore, do you have any other?

Yes.

Oh, my God.

Ma'am, do you have any objection to those exhibits?

I was actively driving inside inside of the gated community during this.

That's not what he's asking.

Do you have objections to the the documents he's handed you?

Yeah, there's nothing that I can buy or it's had on the dogs.

These are all my posts.

Do you have any objections?

But do you have the is there is there a legal objection to us seeing those?

Objections to why?

Well, you're holding in your hand.

Do you have an objection to that?

That's my objection.

I see how they should have that's happened about it.

That's not what the question is.

Do you have any problem with the commission considering the evidence?

Just considering it.

Okay.

All right.

Let the record show respondent has no.

If you give those back to the attorney, and then he can get those to us.

Okay, my name is Susan Moore.

I live at 1501 Larkinwood Lane.

I'm the wife of Jeff Moore.

Um I was called by my husband.

He was very outdled and upset to come picking the dog up uh in front of Peggy's house.

Like she said, I had to circle a couple times to see that those dogs were away from the front door so I could get my husband and dog to safety.

I was traumatized just to see that how upset they were, the dog and was shaking, and my husband was bitten.

Um there was blood on his hand.

Um, you know, we got our dogs to the driveway and the garage, and like he said those dogs were in our driveway as I pulled in.

Um they were unrelenting trying to get to our dog.

We got the garage door down quickly, got her inside, and my husband had to regroup because he had a doctor's appointment at seven.

Um we went to leave.

The dogs were there.

That was disturbing to us.

Um, and when we came back, they were gone.

Um since then, I have witnessed my husband being very disturbed by what happened.

He's even had nightmares about our dog being attacked.

Um, it was just very traumatizing to us.

Our dog isn't the same.

When we take her out for a walk, if she hears a loud noise, she just jumps and startles.

If she sees other dogs coming toward her, she barks now, and she never was like that.

Um she's she's very frightened.

Um I'm traumatized to go out walking our dog.

I don't leave now without mace in my hand.

Um I'm I'm fearful because of what happened.

Um, so you know, my husband carries mace now too.

We both are um we never dreamed anything like this would happen to my dog or to my husband.

And when I think about what more could have happened to both of them, I get very agitated by it.

Just so any other questions, any questions?

No, thank you for your time.

Thank you.

All right.

Does the complainant have any additional witnesses uh they would like the commission to hear from?

Thank you.

Now the uh respondent may present her testimony, ma'am.

If you'd like, you can step up to the podium and state your full name and address for the record.

My name is Jennifer Barnett.

I live at 2301 Kathleen Avenue.

Um my dogs.

Can you speak just a little bit into the microphone?

I'm sorry.

That's okay.

Is that better?

Can you restate your address?

2301 Kathleen Avenue.

Okay.

My dogs, yes, they are escape artists.

They get out, they find any lojo, and I have actively been fixing the bot, it's there's no bottom rail on the fence, so they can push out each time they find a spot and get out.

I have fixed that.

Financially, it's been a burden.

My dogs have never, not one time growled or anything.

The multiple times they have got out.

They are out running and playing.

They are not vicious animals.

They've never showed any of that.

My my little one, she may lick you, but never bite.

The description they just gave, I'm confused.

I was actively inside of a community driving.

I never once seen my animals.

Not one time I seen my dogs.

So how is they outside of a garage, a door, and all that?

I could see these courtyards that they speak of.

Anything visible, there was no sign of my animal.

So I'm confused.

There's no pictures of these bites.

We're going on hearsay.

And if we're going on hearsay, every single person that has ever found or helped me get my dogs back have told me how well-mannered they are and how kind they are.

The animal control ladies, they play with them.

I'm I they just spoke, and that's not a description anyone has ever given me on my dogs or that I've known of.

I've been in a domestic violence situation, and my dogs were coward in the corner, scared.

They didn't even help me.

So if they were gonna be vicious, I would think it would be at that time they would.

I I've done everything I can to pay for my dogs getting out and running the neighborhood.

But I've never heard anything vicious about them, them being around these dogs.

The animal control, not saying anything about animal control, but they're just they see an animal that's vicious now.

They're scared, I'm sure.

My dogs are not vicious.

I don't know what else to say.

Are they spayed or neutered?

No, I have a voucher.

Um, they've been in the um the animal control twice when I first got them as a rescue animals.

Um they had gotten out at my previous address, and they ended up there.

And then the second time uh Jade hers just her.

She had to, she got picked up and they have gave me a voucher to get her spade.

That's and how long ago was that?

Um that was maybe four or five months ago, I believe, maybe.

And you haven't gotten that field?

You haven't gotten that contained.

No, I uh my little nephew just passed away.

I've been dealing with other things.

Sorry for your loss.

Uh, thank you.

I don't know what else to say.

They're both females.

Yes.

And uh how approximately how long have you had them?

Uh three years.

Three years.

Or just about three years, I'm sorry.

And do you how old are they?

Uh they'll be four.

Three four.

Yeah.

That um they were about ten months old when I got them, so I'm off a little on that time.

But I estimate their um they told me July is their birthday.

So I may be off by a few months.

You look through these documents.

Are these pictures your dogs that are in these?

Yes.

Uh he said it were out 16 times.

Did you see that on the my post, yet I'm sure they are they they get out and they think it's cute and they run from me.

Uh uh, it scares me of them getting harmed or hurt because they have ran into some uh vicious dogs, they uh have been kind of attacked, I guess.

I don't know, it was just somebody had told me about it and told me how my dog's being so nice and friendly and coming up to play with you or whatever that they have ran into a vicious dog that was protecting its property or something.

They told me.

Do I do that?

Yes, yes.

Is it wooden?

Is it chain link?

No, it's a chainling fence at the bottom in some spots because uh I lived next to a field, the ground is uneven, so there were spots that uh bottom rail was not but to secure and my little one-she spinal spots to get out and play and run.

When the day this uh attack, did you pick your uh picture dogs up and then uh yes I did uh actually they made it through the fence at the back of this place, the community, and was out on behind Washington Square Mall.

And then um a lady and a Jeep, I met her, she got them and had him in her vehicle uh behind um Harrison High School.

That community, yes, I left that community and went to uh behind my phone rang because my phone number was on there.

That's another thing I'm confused with why I was never contacted.

And my dog was all this happened.

I was in there driving.

I I seen one vehicle that came out of a garage.

And uh it drove, but I never seen anybody get out.

I never seen my dogs, him holding it.

I never seen any of that.

I'm just I don't I think I would have seen or you would think you would see someone if all of that was going on, or the dogs.

That was pictures of your dogs, right?

Yes, I seen that.

I seen that, and then the pictures in the pictures of that, um, I don't see any viciousness on it.

I see her I like posing for the picture because I take pictures of it.

And it would show you that.

Yeah, they were there.

Yeah, I'm not I'm not uh denying the favor there.

Uh a worker, he was a worker, he had contacted me, and I drove there and he was looking for them, and I was looking for them.

So there was two people in it's like going around the block inside there.

It's not very big for driving, and there's two people actively looking for these two dogs, and we couldn't find them.

He couldn't find them, I couldn't find them.

So I just I'm a little confused on and then when Animal Control contacted me about this, I was told he uh they showed interest in my or my dogs showed interest in his dog, and I guess ran up is what I'm assuming, but he reached down to pick his dog up and they got his hand.

I'm I've never heard him growl, not one time, anything like that.

Well, according to some of these posts that have been posted on Facebook, which which you interacted with, there are several reports from neighbors that the dogs ran up to my neighbor's dog and almost got attacked.

And then it seems like there's a lot of back and forth of people saying you keep letting your dogs out or they're getting out, but you're not taking responsibility.

For the dogs getting out repeatedly.

But I have been.

They just find a new spot.

I have actively been fixing any spots that I found on my fence to keep them in.

My back screen door, the latch on it, has been broke.

And I guess I'm a little bit concerned just in looking at that, that you know, people are are making um accusations that you know, so somebody's gotten attacked, your dogs get out, but then you don't seem to take any responsibility for that.

It's kind of I am taking responsibility for them getting out, but them being a little bit more.

But it seems like you're not you're not you're not willing to think that the possibly the dogs could have attacked the way they did.

I'm saying that's out of character, and all of my posts.

If if you would see the other comments of how kind my dogs are, how sweet they are, those that's what I've gotten back from.

I'm not I'm not denying that.

I never heard anything about there doesn't seem to be a lot of accountability on your part on dogs that have gotten out this many times.

I own the accountability of them getting out.

The only thing I'm rebutting is them being vicious or coming at it any kind of ill malice, they there's no bones in their body that's vicious that I've ever seen or heard about.

This is the first time I'm ever hearing of anything like that.

I'm just saying the discrepancy from what I was led to believe and what I was told, there was nothing of this, it was just like, and I'm not down I'm not trying to bring it down or anything or justify it anything.

I'm just saying the discrepancy in there of the what I was told that happened that day with this, it was a bite of hand.

I've never heard about the animal being touched until today.

I was just speaking of the discrepancy.

I own all accountability.

Mr.

Moore is uh complaining, he said that he did get better, but he didn't think that was the dogs did that accidentally when he picked up the dog.

Yes, he said growling.

Yes.

But what I'm not seeing, or I don't think you're seeing is that you know dogs would be good, uh, uh their owner, humans, but then if they have a prey uh type of uh situation with another animal that they can be a little uh, um even during an attack on them, they didn't come back and re-attack that dog.

Well, that seems like that may have changed at this point, and we we what our our job on this commission is to make sure your dogs are safe and cared for, and to make sure that the people in the neighborhood are able to go about their bail daily life so that they can get out and walk their dogs and and do that without being in fear.

And if if something is causing that, then that's what we're here to address.

Okay, okay.

Um that that morning.

Further questions for her.

Yeah, when I was um trying to get them, they were running from me like it's a game.

There was a cat on the porch.

My dog was from here to that from the cat.

And she did this.

The cat must have hissed.

I couldn't see, and she barked and ran from the cat.

So if she would bark and run from a cat, run away from it, that's not the same behavior that they're speaking of, of it charging towards him and the animal and attacking.

I'm just, it doesn't go with anything I've ever heard or seen of my dogs.

Is all I was thinking.

I own all accountability.

I think you have to jump all over a dog and they'll never go back.

That dog would never go back.

Right, right.

Yeah, it's uh, and they they play with any animal that I've ever seen interactions with.

They've gotten along.

There's not ever been any aggression or anything on their behalf that I've ever seen is all I was.

Uh far as far as keeping them walking them out.

I'm I'm disabled, and um I'm not able to walk that distance, but um I've been trying, yeah.

That's the only thing I could improve is uh taking them out more because they're high energy, they're they're hyper, they're happy dogs, so they need to walk more or and then they probably wouldn't want to um play the game that they do of me chase them.

I think they got out and disoriented because they were so far away from home.

Maybe that uh was a factor in this putting them on a tether.

Putting them on a tether.

I have that.

I already did uh that's what I've done to scare them why I'm still finding the spots in the fence and buying the pieces to put down.

It's my back door.

I was bringing in groceries, my hands were full, I did not shut the big door, and that's how they were able to bust out my friend behind me.

So any other questions of the button.

Thank you.

Thank you.

Uh the complainant may add anything new in response to the respondents' testimony, if you wish.

Just a a couple of things again.

My name's Jeff Moore.

Again, I have no malice towards the person that owns these dogs.

None of this was hearsay.

Uh I was bitten.

I can show you all my hand.

I've got a picture that is black and white, it barely shows anything, but I can submit that if there's any question about the bite that occurred.

I think you heard testimony from others that this didn't occur.

You have pictures of the dogs on the front porch.

They were in the neighborhood.

Why she couldn't find them, I can't say.

Maybe they had already escaped and gone on to the next neighborhood.

Those things I don't know.

Uh I do certainly identify with the difficulty she's having in trying to properly uh keep these dogs contained, but clearly that's not happening, and that presents a danger.

Uh I don't have an answer for that.

That's for the wisdom of this commission to decide what that needs to be.

But besides the fence, they're getting out through the doors of her house too.

So I do have to be concerned about our own safety and my pet's safety.

Um I'll go ahead and submit this picture then.

Just give uh her an opportunity to lose not to be.

Do you have any objection?

Do you have any legal objection for us seeing that?

So this, yes, I've done that.

What's the basis of your objection?

Or something like that, or I don't know.

Could you just come up to the podium and you're good.

This looks like a um just a bumpy would get like I have a spot on my leg like this.

State your name again, please.

A Jennifer Barnett.

What's your objection to that exhibit again?

I I can't tell this as a dog bite.

It looks like a I have a spot on my leg that's just like this as a circle.

A dog bite, wouldn't it be?

Um But that that would be up for us to do that.

Oh, I consider yeah.

I'm sorry, I've had brain surgery, and uh my brain is overloaded at the moment with all this.

I just thought of something when he just said that, but I it's it's gone.

My processing is uh is damaged.

So um I can't it's gone.

Uh yeah.

Okay, go ahead and give the picture back to the attorney.

Okay.

Um to the extent that um the respondent was not withdrawing her objection.

Uh I note the objection, but overrule it to the extent that she was withdrawing it, then uh the record can reflect that as well.

All right.

Okay, and you ma'am, you do have the opportunity to respond to the rebuttal testimony offered by the complainant just then, if you wish.

Um, we're all sympathetic to your situation, so don't feel pressured or obligated to do so, but that is your right.

So, would do you have anything else you want the commission to know, hear from okay, all right.

Now the animal control superintendent will deliver the report from the animal control department to the president, um, so we have had some um history with Miss Barnett and her address.

Um it doesn't specify if those are the same dogs or not, as far as the descriptions of them.

Um they are mostly straight at residents.

Um, we had a welfare check at one point.

Um as far as the dogs at the shelter.

Of course, they've not been around other animals, so I don't know how they do there.

Um any time that I have gone by them and interacted with them.

Um Jade, I believe is probably the one that's most friendly.

Um is it Bucky or Buck Buckeye?

Bucky, okay.

Um Bucky isn't aggressive.

She's up at the front of the um kennel, but she's just not interested in interacting with me.

So but they haven't had any issues at the kennel.

Do we know if there's space oh wait?

They're not.

Yeah, never mind.

That was testimony.

Um so we've how many incidents have been at her address?

Same address, the current address or current and different.

I only know of the current address.

I don't know what her previous address was to be able to have looked up the history for that.

Um but I show four other runs, excluding the fight and quarantine.

Um three of which were dogs running loose.

What was the first day on?

This started back in 2024.

Yeah, back in 2024, and then primarily in 2025 is when we had the majority of the calls and then the bite from this year.

Were we able to get any vaccine records?

No, thank you.

Okay, before the evidence is concluded, um, either of you may present any additional evidence in response to the animal control department's report that was just received by the commission and discuss in front of the two of you.

Uh so do either of you have anything you would you would like to present?

Anything further, ma'am?

Alright.

The evidentiary phase of this hearing is now concluded, and the commission will move on to deliberation.

So okay.

Yeah.

Can I add one more question for you?

So have the dogs been in quarantine since the incident of the 29th?

They were originally in an in-home quarantine.

And then once we got the formal complaint, we picked them up and they've been at our shelter since.

Okay.

Either of you have any comment on that complainant or respondent on that part of the report.

Alright.

The evidentiary hearing evidentiary phase of this hearing is now concluded.

The commission now must make the initial determination as to whether the animal is dangerous.

Under section 6050 of the Evansville Municipal Code, a dangerous animal is any animal which presents a substantial threat of bodily harm to any person or pet in its vicinity, or if it were to escape its primary enclosure or escape from the control of its owner or custodian.

Such a determination is to be made from past acts of aggressive behavior, justifying the determination that it is a dangerous animal.

I remind the commission that it shall not consider the animal's breed when it makes its determination on whether the dog is dangerous.

Before any motions on this determination are voted upon by the commission, the commission must discuss on the record its findings and conclusions solely as to the issue of whether the animal is dangerous.

Stated differently, the commissioners must discuss on the record the reasoning behind the determination as to whether the animal is dangerous.

The commission may then and only then proceed by motion and vote.

I know that there was a question by the defendant on our on the respondent by, but I believe that the testimony was credible by the reporter.

Yeah, it's preponderance of evidence, and we've got pictures of the dogs.

We've got evidence that the dogs have been running loose.

Um I mean, I feel like I don't doubt that that the fight occurred.

So I just wanted to make sure that I addressed that on record that that's my translation of what I've heard today and have taken in.

Taking that into consideration.

Yes.

Yeah.

Yeah.

Yeah, I agree.

On by a preponderance of the evidence, I believe that they might did happen, it was these dogs.

Um we do have dangerous dogs.

She said that they have uh escaped several times.

Uh she did pick the dogs up in that neighborhood of the name of the attack.

I'll make a motion based on those that what are the dogs' names?

Uh Jade and Bucky.

Jade and Bucky be declared dangerous.

I second.

So first by Lisa and second by Linda to declare the dog's a dangerous dog.

All those in favor say aye.

Aye.

Any opposed, nay.

We do find them to be dangerous.

Okay.

Um given that there was an injury to a person, I understand uh, sir, that you your comment that you don't believe it uh fits that definition.

Um we do have to make a record regardless, uh, just given the fact that a human being does appear to have sustained an injury here.

Uh so the commission will now make a decision on whether a serious bodily injury occurred here and under the code, uh section six zero five-zero two zero.

Serious bodily injury means bodily injury which creates a substantial risk of death or causes serious permanent disfigurement, unconsciousness, extreme pain or permanent or protracted loss or impairment of the function of a bodily member or organ.

Such injury must be one suffered by a human being.

For the determination of whether serious bodily injury has occurred, the commission must discuss on the record its findings and conclusions as to this issue as it just did when discussing whether the animal is dangerous.

So I open the floor now to the commission to determine whether a serious bodily injury occurred here.

Based on Mr.

Moore's testimony, I make a motion and his photo that serious bodily injury per the code did not occur.

Second thought.

We have a first by Linda, second by Lisa, to no serious bodily injury during this occurrence.

And all those in favor say aye.

Aye.

Any opposed nay?

We do not find serious bodily injury.

Thank you.

The commission has determined that the animals known as Bucky and Jade are dangerous animals.

No serious bodily injury is involved by virtue of section six zero five one five zero of the Evansville Municipal Code, the owner must register those animals with animal control and provide prompt notification to animal control of any changes in the ownership of the animal, must provide the names, addresses, and telephone numbers of such new owners, must inform animal control of any change in the health status of the animals, must inform animal control of any further instances of attack, must inform animal control of any claims made or lawsuits brought as a result of further instances of attack, and must inform animal control of the death of the animals.

Additionally, the commission may impose certain restrictions upon the animal pursuant to section 605150E.

Those restrictions are as follows.

One, indoors, when not alone, the animal must be under the control of a person 18 years or older.

Two, outdoors and unattended, the animal must be kept within a locked fenced area from which it cannot escape.

Three, when outdoors, the animal must be attended and kept within a fenced area from which it cannot escape.

Four, when outdoors, the animal must be attended and kept on a leash no longer than six feet and under the control of a person eighteen years or older.

Five and six do not apply because we determined there was no serious bodily injury.

Eight, require the attendance by the animal and its owner or custodian at training sessions conducted by a certified applied animal behaviorist, board certified veterinary behaviorist or other recognized expert in the field and shall be responsible for all costs associated with the evaluation and training ordered under this section.

Nine may require the neutering or spaying of the animal at the owner's expense, unless medically contraindicated.

Require that the animal be permanently identified by tattooing or by injecting an identification microchip.

11 does not apply here because we determine there is no serious bodily injury.

12, order that if any of the conditions ordered by the commission, subject to judicial review are not complied with, the owner shall be subject to a fine of not more than $2500.

13 may order that if a further incident of attack occurs under such circumstances that the animal is determined to be a dangerous animal, the commission may impose or reimpose any applicable directives that I just mentioned.

Additionally, humane destruction of the dog may be ordered, but only where the further incident involves serious injury to a person.

14 may order the animal to be examined by a veterinarian to rule out an underlying treatable medical cause, which may be causing the animal to be aggressive.

Such examination shall be at the owner's expense.

Finally, pursuant to subsection D of Section 6 05 150, the commission may order the animal destroyed if none of the previously stated precautions are deemed sufficient to prevent the risk of injury to any person.

At this time, the commission shall discuss on the record which orders and restrictions it wants to impose on the respondent and the dangerous animals, Jade and Bucky, and determine by vote the orders and restrictions to be imposed.

I'm of the same opinion, kind of what we like three, which is the locked fence, but has to be attended because the fence obviously is not containing these animals.

Um if they're uh not in a fenced area and intended, they need to be on a leash.

Number four, some signs, number seven, they have to be neutered.

Where do we want the signs?

Well, yeah, and then front and back of the home.

Um they that the dogs need to be spayed, uh micro-chipped, and then number, which is um nine, ten, and then twelve fine if repeated offenses, and then thirteen um if a person is hurt, then we'd be revisiting this.

Uh and that they have to have their vaccines and spayed in chips prior to release, and that um animal control can maybe come by and check the fence to see if it seems to be sufficient, but um three, four, seven, nine, ten, twelve, and thirteen with the conditions of the spay and neuter or the neuter spay, uh, and their vaccines prior to release and animal control coming out to look at the fence.

And you have to include in there your where you want the sign.

And the signs at the front and the back of the home.

Is that your motion?

That's my motion.

Sorry, thank you.

I'll second that.

Okay, so we have first by Linda and second by Lisa for three, four, seven at front and back, nine, ten, twelve, thirteen, yes, and that they be spayed and neutered or spayed or vaccinated prior to release.

Yes, and that animal control is able to come out and check the fence.

And animal control to do an inspection of the fence to see if it would be applicable to hold them.

Make sure that at least there's nothing obvious.

Yeah.

Not that they're gonna be going and tugging and pulling, but they can observe it.

So all those in favor say aye.

Aye.

Aye.

Aye.

Any opposed, nay.

Those are our findings.

All right.

Uh the commission has determined to impose restrictions three, four, seven, nine, ten, twelve, and thirteen, and has also imposed the restriction that Jade and Bucky be neutered or spayed as the case may be and vaccinated prior to release.

The commission has also determined that signs under number seven be displayed at the front and back of the home, and that animal control will go to the owner's property and inspect the condition of the fencing.

So, both parties have the right to appeal this decision.

A decision of the animal Control and education commission, if appealed, shall be appealed within 10 days of the date of this decision to either the Vanderburgh Superior Court or the Vanderburg Circuit Court by verified complaint.

Now, once this meeting is adjourned, the commission will be dismissed first.

Once all members of the Commission have exited the room, then the audience will be dismissed.

All questions or comments following the conclusion of the proceedings may only brought be brought to myself and or the superintendent of the Evansville Animal Care and Control shelter Heather McDaniel.

Do we have a motion to adjourn?

Motion to adjourn and hopefully everyone has a nice weekend.

A second okay we have a motion by Lynn and second by Tammy to adjourn.

All those in favor say aye.

Aye.

Thank you.

And any opposed nay.

We are adjourned.

Oh