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.
