Inconsistency over how vicious dogs are handled by Fayette police was the subject of a passionate discussion between citizens and the Fayette city council members at the board’s regular meeting held on Tuesday, June 10.

Several concerned citizens displayed their dissatisfaction after a pit bull was released back to its handler after it leaped from a moving car and attacked another dog being walked by 67-year-old Bonnie Gibson on Walnut Street on Thursday, June 5. Several men, including Joe Vaughan, the owner of a nearby business, along with some of his employees, fought to break up the fight. Gibson, Vaughan, and several of the men sustained injuries in the incident.

A ticket was issued, but the pit bull was released back to its handler by Fayette Police Officer Matt Johnson, who responded to the scene. That was the crux of outrage on display at Tuesday’s meeting. The city ordinance states: “If the animal has bitten a person, it shall be impounded for ten (10) days, after which it will be examined by a licensed veterinarian to verify the animal is free of rabies.”

According to Fayette City Marshal David Ford, who was absent from Tuesday’s city council meeting, Officer Johnson held on to the attacking dog until its custodian returned with paperwork showing it had been vaccinated for rabies. He then allowed the woman, who is not the dog’s owner, to leave with the dog. A ticket was issued, and the dog’s owner, James Allen, will later appear before a judge who will determine if the pit bull will be legally defined as “vicious.”

No charges had been filed as this newspaper went to press on Tuesday morning.

Dogs deemed “vicious” must be held under more strict guidelines and are not to be outside without a muzzle. 

“What we always do is if the owner has proof of shots, we allow the owner to take the dog home,” said Chief Ford in an interview with this newspaper on Friday. “It’s the same thing we’ve been doing forever.”

However, in light of this most recent incident, Chief Ford stated that in the future, officers will impound a dog before releasing it to the owner, and only if all necessary documentation is presented. He said the dog that led Thursday’s attack had a license and was up-to-date on its vaccinations.

The council chambers at City Hall were full for last week’s meeting, with about half the people in attendance there to voice concern over the dog attack. In opening remarks, Mayor Greg Stidham said the council was there to listen, and the city, police department, and prosecuting attorney have been involved with the incident. 

“It’s in the hands of the police department and the prosecuting attorney,” the mayor said. “We’ve been looking at the ordinances. That’s something we’re going to take a look at and see what needs to be revised.”

Angela Davis, who once had to put down her dog after it attacked a child, said the matter was a tough subject because both sides love their animals. She witnessed Thursday’s attack. “This vicious dog attacked with no regard for [Bonnie Gibson’s] life or anything that was in its way. Thank God for the brave man that immediately jumped into action to save the victims from the attack.”

Davis recalled seeing the dog walking with its owner, James Allen, earlier in the week prior to the attack. “He was being pulled by that dog down the street. I remember thinking to myself that that dog is taking him for a walk, and I hope he doesn’t get loose,” she said. “What makes me the most sick is that dog got to go back in their car and go home. That is unacceptable. A bite is one thing. This was an attack. This was a takedown.”

Davis suggested the ordinance be changed so there is no tolerance for any vicious attacks by dogs. And should a serious injury occur to a human, the dog should be put down. She also called for heavy fines to be imposed on the owners of such animals and for restitution payments to be made to the victims. However, the city is allowed by the state to levy fines of no more than $500. She suggested Fayette pool its resources with other small towns in the county to hire an animal control officer.

“Citizens are going to take matters in their own hands. I tell you what, if I would have had a gun, that dog would be dead,” Davis said. “I have noticed more and more of this type of dog along the streets of Fayette.”

Jaquez Jones, a high school student from Texas who was born here and spends summers with his grandparents in Fayette, said it was ridiculous that the dog was returned to its owner and that it is housed next door to Chapman’s Daycare. He held up a photo of the dog.

“It’s repugnant, and it’s disappointing to know that people like myself, my grandparents, they can’t walk down the street without the fear of being attacked by an animal,” Jones said. “In my personal belief, I believe this dog should be put down.”

Monique Chapman, who operates the daycare with her mother, Sheila, confirmed that the dog that made the attack was returned to a property neighboring the daycare. She explained that if the dog could hop out of a moving vehicle, it could certainly hop the fence between the yard and the daycare.

Referring to her 18-month-old daughter in her arms, Ms. Chapman said the child would be helpless it attacked by the dog. “We will have up to 20 children. There’s nothing they will be able to do. I would not be able to save those children. If that dog is kept over there in the next yard, there’s nothing they can do. It needs to be fixed.”

Jones later pointed out that the dog is no longer next to the daycare. “They’ve moved the dog. They understood that there was an uproar about this dog, and so to subvert the enforcement of the law, they’ve removed the dog and moved it to another property,” he asserted.

Kelly Vaughan who, along with her husband, Joe, one of the men who pulled the dog away, own two businesses in the vicinity of the attack. She told the council that dog attacks have been an ongoing problem in the area, and she has had to call the police in the past. “Several times cops come in, the dog’s not taken. Two, three weeks later, my husband’s attacked. Still, yet to this day, there’s not a police report when I ask for it.”

Mrs. Vaughan described how the same dog that attacked Gibson was seen recently trying to enter a rental property she owns. “This same dog we’re talking about with the attack was at my duplex on four different tenants’ doors trying to get in and would not allow them to get out. They’re not safe because of this vicious animal that lives one block away. My son’s dog was attacked a month ago by this same dog.”

She explained that obtaining police reports regarding the attacks has also been a persistent issue. “It’s getting swept underneath the rug,” Mrs. Vaughan said.

Mr. Vaughan said he needs copies of the report for his insurance since one of his employees was injured during the incident. “We would like that to be addressed to see what the city can do about a speedy process to get reports.”

Later, during the meeting, council members discussed the current ordinance. City attorney Nathan Nickolaus addressed what he sees as misunderstandings regarding the law. “When a dog bites, dogs are to be impounded for 10 days. That’s what the law says.” However, he notes that 10 days is not an adequate time to determine if the dog has rabies. He also explained the criteria that courts use to determine if an animal is considered vicious. Animals can be deemed vicious even before they bite, he said, but the police must issue a ticket. There has to be due process.

“Any dog or other animal which bites, injures, or attacks a person shall be immediately taken up and impounded by the city police,” Nickolaus said. “There is no exception.”

Southwest Ward Alderman J.B. Waggoner said that there has been a practice over time where officers have made a judgment rather than impounding a dog as per the ordinance. “Whatever we can do going forward, we’re going to have to provide more clarity so that the ordinance is followed exactly as written,” he said.

The incident was further harnessed as a catalyst for reforming the process of selecting the city’s police chief. Fayette has a City Marshal, who is elected by a vote of the people. An effort has resurged lately to replace the City Marshal with a Chief of Police, who is appointed by the city council. City Marshal David Ford spoke passionately about the matter at the council’s May 27 meeting, calling the change a “bad idea.” A letter from Southwest Ward Alderman Grafton Cook supporting the change was published in the June 11 Fayette Advertiser.

“If our lead law enforcement officer, who’s an elected official, does not report to us, we need to ask him to provide the guidance to say every incident ends up in a 10-day impoundment. No question. That’s what the ordinance says,” Waggoner added.

“The difficulty you guys have is that you have an elected Marshal,” Nickolaus explained to the council. “Most cities have a Chief of Police. And the Chief of Police answers to the mayor. We have an elected Marshal who only answers to the voters. And so, we can’t tell him how to run his department. All we can do is pass laws. But we can’t tell him how to enforce the laws. You don’t have that authority.”

The city may not dissolve the City Marshal position without a vote of the people. The matter would have to be determined in an election with a simple majority of voter approval to make the change. The next election upon which the matter could appear on the ballot will occur on November 4.

Although a potential change would not affect him due to his plan to retire effective August 1 of this year, Chief Ford vehemently shunned the idea, accusing those in favor of a Chief of Police of trying to take the power out of the hands of the voters.

The Fayette Police Department will be without its two senior officers as of August 1. Captain Greg Lanham is also scheduled to retire that day. Mayor Stidham must then appoint a new City Marshal to fulfill the term that lasts until the next municipal election on April 15, 2026.

The Fayette Board of Aldermen meets regularly at 6 p.m. on the second and fourth Tuesdays of every month in City Hall. The next meeting will be held on June 24. Meetings are open, agendas are published in advance, and the public is invited.