KANE COUNTY — On Aug. 10, 2021, law enforcement responded to the 5N block of Pearson Drive in Wayne for a reported shooting incident that involved a Dogo Argentino named Ludwig.
The dog was shot and killed by Hal Phipps, who is the husband of current Wayne Village President Eileen Phipps and the neighbor of Ludwig’s owner, Joe Petit.
Phipps told authorities that on the day of the incident, he was on his property when he was approached by Ludwig and Petit’s other Dogo Argentino named Philotimo.
He alleged that the two dogs were growling and aggressively approaching him. Since his back was facing the Fox River, Phipps stated that he was unable to get to his home because the dogs were blocking his pathway.
Responding police officers noted that Phipps feared for his life, and as a result, fired a single shot at Ludwig from a Smith & Wesson revolver.
Both dogs then fled from Phipps’ property, however, Ludwig who had been hit by the gunfire fell into the river.
Phipps later told authorities that he feared for his safety based on an incident that had occurred six weeks earlier in which he alleged that both dogs had attacked him.
Petit was cited under local ordinance for that earlier incident. The case was still pending in DuPage County, at that time.
Following the incident, the Wayne Police Department turned over the investigation to the Kane County Sheriff’s Office, citing a conflict of interest.
After examining the facts and all applicable laws, Kane County State’s Attorney Jamie Mosser determined that the facts of the case showed that Phipps was in fear of his safety and acted within his rights when he shot Ludwig.
Under Illinois law, a person is allowed to protect themselves from bodily harm, which therefore meant that Phipps would not be charged for shooting Ludwig, according to Mosser.
“The evidence shows that [Phipps], who shot Ludwig, feared for his safety and his life and was legally justified in shooting Ludwig. He was on his own property, and no one else was put in danger as a result of his actions,” said Mosser in a Sept. 15, 2021 press release statement. “I am deeply saddened by Ludwig’s death. I have seen the hurt in his owner’s face, and I know he will forever be traumatized.”
However, as of recent, it seems that mounting pressure from Petit and a Facebook group of more than 5,000 supporters that calls itself “Justice for Ludwig” has prompted Mosser to look further into the incident and bring the matter before a grand jury.
She stated that questions about the fairness and transparency of the investigation and review have persisted from Petit and supporters, leading to Mosser’s decision in asking a grand jury to review the facts and law surrounding the shooting death of Ludwig.
“I will bring the case before the grand jury for an independent review and in conjunction with Mr. Petit’s attorney. Although I am in no way bound to revisit this case, I have agreed to do so based on a number of requests regarding the evidence and the law,” said Mosser. “It is my hope that once the grand jury process is complete, regardless of the outcome, that everyone will abide by the grand jury’s decision and conclude that the process has been fair, neutral, and transparent.”
In response to Mosser’s latest statement regarding the incident, Scott Sheen, an attorney who has been representing Petit and Ludwig, gave his thanks to all of the supporters on the “Justice for Ludwig” Facebook page.
“Our ultimate goal is ‘Justice for Ludwig’ and I am happy to announce that has started. When it was announced that the Kane County State’s Attorney’s Office would not pursue charges, it was an extreme uphill battle for us and I am happy to announce we had Mrs. Mosser in charge and she cares and her end goal is justice. She needed another viewpoint and my office, Joe Petit, and Kelly Owens worked diligently providing such. It worked,” stated Sheen via Facebook. “We still have to get over the next hurdle which is the grand jury. I can assure you we will work just as hard to make that happen. For all of you who have donated money, it was not a waste and it was well spent on pursuing justice.”
Petit has expressed his gratitude to all of the supporters that have rallied around him in his cause.
“I can’t express how thankful I am to all of you! I’ll never give up! Thank you for your support,” Petit wrote on the “Justice for Ludwig” Facebook page.
