(BLOOMFIELD) - A rural Linton man, accused of failure to restrain his dog, was in Greene Superior Court this week for an initial hearing.
Anna Rochelle, of the Greene County Daily World reports, Thomas W. Cody, Sr. was charged with one class C misdemeanor count of dog bite liability -- involving bodily injury to another person.
The charge stems from an incident that allegedly occurred in February near Cody's residence on S. County Road 1100 West outside Linton.
Deputy Heath Murray of the Greene County Sheriff's Department investigated a complaint from a man who said he was chased and bitten by a dog from Cody's property.
The victim is a runner -- he advised the deputy that CR 1100 W is part of an 18-20 mile route that he runs almost daily.
The runner said almost every time he runs past the Cody residence, dogs come running out and chase him. He said he is normally able to scare them off.
But he reported that on the day of the attack, three or four dogs came running out, began chasing him and because of a car coming on the roadway, he was not able to scare them off.
The victim told Deputy Murray that a small grey and brown dog bit him on the left calf resulting in puncture wounds and bleeding.
When the deputy went to the Cody residence, he reported seeing a small grey and brown dog matching the runner's description. He said the dog was not on a leash or contained in any way, shape or form.
According to a probable cause affidavit, Cody told the officer that the dogs are not normally on any sort of leash or inside a fenced-in area. He also said that at the time of the incident, he was not present but was at the far western edge of his property and he heard the runner yelling at the dogs.
Cody was summoned to appear in court. During the hearing, he requested a public defender be appointed to represent him.
The victim was expected to submit receipts for the emergency room bill and medical expenses he incurred as a result of the dog bite.
If Cody is found guilty, he could be facing up to 60 days in jail and up to a $500 fine.
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