Evansville panel finds Deacon not dangerous after neighbor's dog killed 16-year-old pet

The Evansville Animal Control and Education Commission found a dog named Deacon not to be a dangerous animal after a hearing prompted by a March 2, 2025 complaint that Deacon had been involved in the death of a neighbor’s dog.

The finding came after the commission first voted that there was probable cause to hold a hearing and then heard testimony from the complainant, witnesses and the dog’s owners. Assistant City Attorney Andrew Boykin moderated the proceedings and instructed the panel on its authority under city code. "I am not the judge of any evidence presented today, but am solely acting as the moderator. You can think of me as a a referee," he told the room.

Why it matters: Commission determinations about ‘‘dangerous’’ animals can carry orders that affect whether an owner may keep a dog, whether the dog may be reclaimed, and whether the animal must be euthanized. The panel’s decision affects the owners’ rights and the neighborhood’s safety expectations.

At the hearing, Betty Wilson, who lives at 2532 North Main Street, described finding her 16-year-old dog Prissy dead in her backyard. "My dog was out and then, I looked out the door and their dog was running around in my backyard ... I picked her up and Lisa, his wife came over with the leash and got her dog out of my yard," Wilson testified. She also said the neighbor had previously bragged about watching the incident, telling her, "I've watched my dog kill Prissy, but I couldn't do nothing about it."

The dog’s owner, who identified himself as Brian Scott Grace of 2528 North Main Street, disputed parts of Wilson’s account and said neither he nor his wife witnessed an attack. "She's not telling the truth when she says I bragged about my dog killing her dog. I did not brag about that," he said. His wife, Lisa Grace, testified she found Deacon running back and forth along the fence line and that he showed no aggression toward people when she leashed him.

Animal control staff had little prior history of aggression for Deacon. Animal Control Superintendent Alisa Webster said shelter staff had not observed aggression in the kennel: "It just basically lays on its bed or goes to the back of the kennel. No barking, no growling." An officer who works in the shelter said the dog had not shown aggressive behavior toward staff.

Commissioners discussed the limited, conflicting eyewitness accounts and the lack of photographic evidence available in a form the commission could retain. Commissioner comments reflected caution that, while the death of Prissy was a “horrible accident,” the record did not clearly establish that Deacon had exhibited the kind of ongoing aggression that would justify classifying him as dangerous under the municipal code.

Actions taken: The commission first voted to find probable cause to hold the hearing (motion by Lisa; second by Tammy; unanimous). After testimony and discussion, Commissioner Kendall moved and Tammy seconded a motion that Deacon is not a dangerous dog. The motion carried with the ayes prevailing and one recorded nay (vote tally recorded in the hearing: 4 yes, 1 no).

The commission recommended the owners take structural steps to prevent recurrence — including improving or repairing fencing — and asked that neighbors notify animal control immediately if the dog is observed running at large. The panel also instructed animal control staff to work with the owner on requirements for reclaiming the dog from the shelter.

The commission clerk noted the complainant’s appeal rights: the decision may be appealed within 10 days to Vandenberg County Superior or Circuit Court.

Ending: With the formal determination that Deacon is not dangerous, the immediate regulatory constraint on Deacon was lifted, but the commission emphasized remedial steps and recordkeeping to address neighborhood safety and to ensure a quick response if the dog appears loose or aggressive again.