Judge Rules Dog Not Vicious
By Bob Caudle, www.NWAonline.net
2003, SPRINGDALE, AR -- A community activist was found innocent in Springdale District Court Friday on charges of harboring a vicious animal.
Linda Stromwall, founder of Citizens Action Taskforce for Springdale (CATS) and Citizens United for a Better Springdale (CUBS), was also found innocent of not being able to show proof of a rabies vaccination for her German Shepherd dog named Noble.
The case centered on the dog's attack on a delivery man preparing to unload topsoil onto Stromwall's back yard earlier this year.
Deputy Prosecuting Attorney Gino Franco argued the dog attacked the dump truck driver, Bobby Joslin, while Joslin was checking where to dump the topsoil.
Stromwall, through her attorney, Doug Norwood, did not deny the dog attacked Joslin. Rather, they argued Joslin invaded the dog's territory. Stromwall noted the dog was chained and Joslin disobeyed her instructions by walking within reach of the dog.
Norwood called several witnesses from Stromwall's neighborhood, all testifying the dog had not displayed "vicious" tendencies.
Franco, however, remained undeterred.
"You say the man was walking toward the dog?" Franco asked. "Then can you please tell the court how your beloved dog bit the man on the back of his leg?"
Stromwall explained it was because he was walking forward and invading the dog's territory.
"Have you ever been convicted of lying before?" Franco asked.
"Yes," said Stromwall. "Seven years ago for criminal impersonation. I had run a series of articles on (then Benton County Sheriff) Andy Lee and was served a subpoena. I gave the officer my pen name."
"You've also been convicted of allowing an animal to run at large, haven't you?" Franco asked.
"Yes," Stromwall said. "One of my neighbors let my dog loose."
Franco accused Stromwall of trying to blame Joslin because the dog bit him.
However, Norwood called neighbors who testified the dog had been gentle, even friendly, on walks throughout the neighborhood.
District Judge Stan Ludwig agreed with Stromwall.
"There has been more testimony here about the individuals involved than the actions of the dog," Ludwig said.
"I guess the issue is whether Joslin invaded the dog's territory or whether he was misled by the length of the chain and the fault lies with Ms. Stromwall."
Ludwig said he could find no fault with Joshlin's actions and the dog had shown no vicious tendencies except for this one instance.
"I think it boils down to this being a horrible mistake," Ludwig said. "Maybe a mutual mistake by both parties. But I'm not going to place blame. I can't find anything to indicate that this dog is vicious."
Ludwig said Joslin and his company could sue Stromwall for damages, but that he could not find fault with the dog's actions.
Jeff Harper, Springdale's city attorney, said this was the 17th vicious animal case the city has taken to court so far this year.
"I don't remember any cases we've lost except this one," Harper said. "Most of them don't even go to trial. They just plead guilty. In 17 years, this is the first time I ever remember us losing a trial case over a vicious dog."
