Everly council withholds final ruling on alleged vicious dog

The Everly City Council on Monday punted a decision that would determine the fate of a local dog that supposedly bit a delivery driver in August.

According to the incident report, Lori Adrian’s dog allegedly bit off-duty Clay County Deputy Tyler Heck on Aug. 11 when he was delivering a package at her residence while working as a driver for Amazon. Adrian was charged with owning a vicious animal and ordered to remove it from city limits, which she appealed.

“I do not believe he has bit anybody. He has no history of biting anybody,” Adrian said. “He is not vicious. He is not aggressive. He is protective, and that is his job.”

A jury trial regarding the matter has been set for Jan. 25. Adrian said her home security cameras never captured the alleged bite, and she also requested that Heck’s pants from that day get tested for her dog’s DNA.

Adrian alleged that City Attorney Dennis Cmelik has resisted such testing; however, Cmelik did not comment on the claims during Monday’s hearing.

“Scientific proof right there can solve it,” she said. “If it comes back that it matches, I’m pleading guilty and we’re done with this. But I don’t think that’s going to happen.”

Adrian said her dogs remain on her property thanks to an electric fence. Sheriff Chris Raveling said his deputies have issued citations in the past for Adrian’s dogs running at large. Adrian alleged that Heck broke Amazon’s own policy by walking onto her property despite concerns about the dogs.

“If they don’t feel comfortable they’re supposed to call the recipient and work out the [delivery] details, and he did not,” she said.

Heck wrote in his statement that the dogs appeared friendly at first, but the canine in question quickly showed aggression when he exited his vehicle and attempted to deliver the package.

Council Member Denise Cook shared her own anecdotes from walking her son’s dog past Adrian’s residence. Though the dogs have never crossed the property line, Cook said they’ve come to the very edge and showed aggression. She said she has quit walking past Adrian’s house to avoid any risk.

“All they have to do is jump that fence. I pick her up – I’m scared,” Cook said. “All it takes is one yip and it’s across. That’s what I worry about with my dog. I feel like I shouldn’t have to avoid going down that street because of walking that little dog.”

The council went into recess to debate the issue. Ultimately, members unanimously voted to delay a decision until the outcome of the jury trial is determined.

Adrian has been fostering the dog in question outside of city limits. She was ordered to keep doing so until the council issues a ruling later this winter.

“We are going to take into consideration what the court decides, but if it does become a not guilty verdict, we could still decide that the dog needs to go,” said Mayor Ron Thompson.