City to appeal dog-bite ruling

MARENGO — The City of Marengo will appeal a not guilty ruling in a dog bite trial that took place in June.

Marengo City Attorney Gage Kensler told the city council July 24 that the judge dismissed a case against Tiffany Gotsis, of Marengo, with “no real explanation.” The city has 30 days to appeal.

Gotsis was charged in February with allowing an animal to run after, chase or attack a person.

During a short bench trial June 18 before Judge Kandyce Smolik, Kensler presented evidence that Gotsis’ dog bit a 3-year-old girl when the girl’s father, Ryan Werning, took her to Gotsis’s house.

Gotsis had agreed to babysit the girl, Werning said.

Gotsis, who acted as her own attorney, argued that the dog was in its own house and that the victim and her father entered without knocking.

The appeal process consists of having a District Court watch a recording of the original June 18 trial, said Kensler. “It’s just additional cost” to the city, said Kensler, and “if we get a favorable ruling” the city will recover only the amount of the fine.

Any restitution to the family of the victim would come, not from the city’s criminal case, but from a civil case, which the family is filing, according to Kensler.

Marengo Police Chief Ben Gray asked the city to appeal the case “because I need clarification,” he said. Smolik didn’t give a reason for her decision, so police don’t know under what circumstances they can charge people with the violation.

“We need to know if we can enforce the ordinance,” said Councilman Travis Schlabach.

The city council asked Kensler to appeal the case.