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Evansville commission hears dog-bite complaint after small dog hospitalized; commissioners decline to declare animals dangerous

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Summary

The Evansville Animal Control & Education Commission on an administrative hearing considered a complaint that a larger dog attacked a smaller dog, Bella, leaving Bella with three broken ribs, a collapsed lung and requiring emergency surgery.

The Evansville Animal Control & Education Commission on an administrative hearing considered a complaint from Louis Ray III that his mother’s small dog, Bella, was severely injured in an attack at an apartment complex at the 1300 block of Cass Court. The complainant said Bella sustained three broken ribs, a collapsed lung and “fluid around the lungs” and required emergency surgery; witnesses said they feared Bella would have died without overnight oxygen and emergency care.

The commission opened the session by reading the complaint into the record and voting that there was probable cause to hold the hearing. The hearing featured testimony from the Ray family and neighbors, and the animal’s owner, Noel (Noelle) Marsh. Louis Ray Jr., who said he was walking Bella that day, described arriving after the attack and seeing the smaller dog “lifeless.” Nevaeh Busshrod, who accompanied Bella to the emergency room, testified that Bella “would not have lived if we did not come up with the money” and recounted seeing visible breathing distress. Keeley Ray said she saw a larger dog with Bella in its mouth and that Bella “was lifeless” when she got to the scene.

Responding party Noel Ruth Marsh testified at the hearing that her dog, Meeko (sometimes referred to in the record as Mico), was on a leash and both of her dogs were leashed when she left the building and that Meeko “showed no sign of aggression” while in custody. Animal control staff confirmed Meeko was quarantined and that, while in shelter care, staff had not observed aggression during daily checks.

Commission discussion focused on whether the attack met the Evansville municipal code exceptions that bar a dangerous-dog finding — for example, if the animal was defending itself, protecting offspring or responding to provocation. Several commissioners noted conflicting witness accounts about who approached whom and that Bella was not leashed at the time according to multiple witnesses. After deliberation, the commission moved and voted to find that neither Bella nor Meeko met the statutory standard for a dangerous animal.

The commission’s motions and votes included a formal finding of probable cause to hold the hearing, and a later motion, seconded and carried, to find both animals not dangerous under the municipal code. Commissioners instructed parties to work with animal control staff about any additional paperwork and reminded them the decision may be appealed within 10 days.

The commission record and exhibits were retained as part of the hearing record and parties were told to coordinate with Animal Control staff about copies and any next steps.