In yet another extraordinary turn of events, Kane County State’s Attorney Jamie Mosser has again reversed herself and has cancelled a Grand Jury review of the evidence surrounding the fatal shooting of Ludwig, the beloved dog of Wayne resident Joe Petit, according to an email from Mosser to Petit’s attorney obtained by Fox Valley Magazine.
The Grand Jury was scheduled to be empaneled this coming Tuesday.
“I have not changed my position on this case not being chargeable,” Mosser wrote in the email to Scott Sheen, the attorney representing Petit in his effort to bring charges against Hal Phipps, Petit’s next-door neighbor who fatally shot Ludwig. “I have reviewed the discovery that I have and the documents that you have provided and it is clear that the defense of necessity is still applicable.
“Lastly, and most importantly, if the grand jury does not follow the facts and the law as presented in an unbiased way, and they issue the true bill [i.e., indicting Phipps], I would be in a position to just dismiss the charge.
“I do not believe that this case should be prosecuted and thus, it should not be presented to a grand jury.”
On Aug. 10, 2021, Phipps shot and killed a Dogo Argentino named Ludwig, which belonged to his neighbor, Joe Petit. The incident parked an immediate uproar in communities around the Fox Valley, and particularly on social media, giving rise to numerous and frequent protests and the now-legendary “Justice For Ludwig” rallying cry.
Several weeks later after an investigation by the office of Kane County Sheriff Ron Hain and a review of the facts and the law, Mosser held an unusual press conference and announced that criminal charges were not appropriate, citing evidence that Phipps had acted out of necessity. In her assessment of the case, she pronounced that, according to the law, Mr. Phipps reasonably believed his life or safety was at risk when he fired a single, fatal shot at Ludwig.
However, since the decision not to file criminal charges was made public in September 2021, questions about the fairness and transparency of the investigation and review persisted from Mr. Petit and Ludwig’s supporters.
Those questions prompted Mosser to bring the matter before a grand jury.
In May, Mosser issued a press release announcing her decision.
“I will bring the case before the grand jury for an independent review and in conjunction with Mr. Petit’s attorney,” Mosser stated in the press release. “Although I am in no way bound to revisit this case, I have agreed to do so based on a number of requests regarding the evidence and the law. 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.”
Mosser expected to present the case to the grand jury by the end of May.
8 Comments
Mosser’s flip-flopping on this, should cause us all to seiously consider whether she is the right person in this elected office. In May she decided that the Grand Jury being called was appropriate after she was provided an opportunity to see for herself details and key facts not provides by the police. In her letter (referenced in the article below) she refers to a single bullet being fired at Ludwig but tje police reports (plural) tell a different story with chaim of custody broken. In May Mosser visited the crime scene and concluded on her own that there were questions too great to stand by her original decision not to call the Grand Jury. Once again she has gone back to the corrupt initial documents and come to her same, bad original decision. Every month since May she has postponed calling the Grand Jury; now her memory of that crime scene visit have faded.
Also in her letter she states that there were people who said Mr Petit let the dog run free in the neighborhood as a reason for Ludwig to have been shot dead because Phipps feared the dog. In fact, Mr Phipps drove his four wheel vehicle TOWARD the dog having watched him and the handler from the time the dog came out of the house. The dog running loose is actually further evidence he was NOT dangerous – no one had been hurt by Ludwig. Additionally, the dog having gotten out is not pertinent to whether the dog was a threat to Phipps when he stalked the dog and shot and killed the dog as he had previously told a neighbor (see the filed Afdidavit) that he was going to do.
So, based upon Ms Mosser’s letter watch out if your dog gets out because it is open season for gun owners- even if there are people in the vicinity!
Excellent decision. The mob connections of Ludwig’s owner were not enough to overcome the facts of the case. True Justice for Ludwig would consist of the owner being banned from owning dogs for life. How many poor dogs does he have to cause pain tk before they are protected from him ?
Ummm “Mob connections”? If Joe had Mob Connections this would not be the story! I have heard this “mob connection” claim before and, while I do not know the man well I think someone os making statements they have absolutely no proof of. I do very much believe however that any person affiliated with a Mob who experienced the killing of his dog and the on going harassment would not even have to ask for intervention and the lives of people inflicting this trauma would nor be very quiet… just a guess.
One more thought. If there are indeed MOB connections as you claim list who they are so we know you are talking facts.
1 describes the group very well
why would people jump to 3 without evidence
https://www.merriam-webster.com/dictionary/mob
“The Dogo Argentino is banned, or has ownership restrictions, in certain countries, including the Cayman Islands, Denmark, Fiji, Iceland, Australia, New Zealand, Singapore, Turkey, and Ukraine. In the United Kingdom, under the Dangerous Dogs Act 1991, it is illegal to own a Dogo Argentino without lawful authority.” It is not unreasonable to believe that someone felt threatened by this dog.
Breeding in other countries and laws of other countries have no bearing in the legal process here. I do not understand why Mosser is so focused on whether Ludwig was on Phipps’ property. The issue at law here is whether Phipps has the legal right to use the “fear for life or safety” claim he has used to justify shooting and killing Ludwig. THIS is where Mosser is putting Kane County residents and their animals at risk.
Properly trained gun owners and concealed carry license citizens are taught well that you do NOT get to use “fear of life or safety” if you are moving toward the risk. You MUST retreat first. The video clearly shows Phipps driving a 4 wheel vehicle along the property line between him and Petit following Ludwig and Ludwig’s handler to the lake. It also shows him getting off the vehicle and walking TOWARD Ludwig. This is NOT the behavior of a person afraid of this dog.
Yea, he has a right to be anywhere on his property but BY LAW he does NOT have a right to go TOWARD that “threat” then claim he was in fear of his life or safety.
This whole matter hinges on whether he has that right AND the Grand Jury should be called to determine THAT.
Also, Illinois specifically states that a person cannot seek to harm an animal because of a previous encounter – even a bite (I am omitting citations). As I stated previously; Phipps told a neighbor, in front of her you g child, that he was going to shoot to kill both dogs next time they came on his property (there is an affidavit on record) and that is premeditated as well as proof that Phipps intended to commit a crime against Ludwig.
I wish people would demand that the grand Jury would be called on this. If Phipps gets away with using “fear of life or safety” we have a precedent for gun use in a way that was absolutely not intended! The implications here are not small!
You drive my Joe’s house and every neighbor has Justice for Ludwig signs proudly displayed. Apparently the neighborhood loves the dogs Joe has. Heck, they have sat on my lap and have kissed my face. My kids’ faves too. They wear cute hats. Hal Phipps is a monster and his wife is an embarrassment to our village.
She claims it was a tragic thing yet she and her husband still taunt their neighbor Joe with vampire masks year round pointing at his security cameras and making pointing gun fingers towards Joe and his workers.
Who does that?