Man who says dog was beaten is fined for having animal at large
This is an archived article that was published on sltrib.com in 2009, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

A West Jordan man -- who says a teen walked into his yard, attacked his daughter's yellow Labrador using a baseball bat and pushed his granddaughter to the ground -- was ordered Tuesday to pay a $200 fine.

Meanwhile, Dale Sweat's daughter -- who owns Nikki, the dog -- was ordered to pay $37.50 for letting her dog's license expire. West Jordan Justice Court Judge Ronald Kunz suspended half the licensing fine because Carrie Sweat licensed Nikki shortly after the June incident.

The Sweats were not available for comment Wednesday morning.

The Tribune has not been able to contact the teen, as his name has not been released because he is a juvenile.

West Jordan prosecutor Stuart Williams would not comment on the boy's side of the story because the outcome of the case can be appealed for up to 30 days.

"I can tell you we did talk to the juvenile's family, and they were in approval of [the plea deal]," Williams said, adding that Sweat's animal-at-large violation will be dismissed in one year if he has no other dog-related charges.

The Sweats' defense attorney, Seth Mott, said it was questionable for West Jordan to bring charges against the family in the first place.

He said Dale Sweat finally "cut his losses" and "paid to make the headache go away."

Sweat said on June 9 he was gardening on the side of his home near 9000 South and Lisa Avenue (2560 West) while his 12-year-old granddaughter, Kayla, rode her bicycle in front of the house and 8-year-old Nikki ran alongside. A teenage boy came walking down the street, delivering fliers for a window and door service. Sweat said the dog barked, and the teen demanded Kayla "control her dog."

Five minutes later, Sweat said Kayla rounded the corner and said the teen was back -- now beating Nikki with a baseball bat he found in Sweat's yard. Sweat said his granddaughter told him the boy called for the dog, and when it came to him he began hitting it with the bat.

When Kayla tried to protect Nikki, she told her grandfather that the boy pushed her aside and continued beating the dog, though Sweat acknowledged he did not see or hear any of the fracas.

Sweat said animal control agents and police blamed him for the dog not being restrained and said the boy had the right to protect himself.

Sweat said Nikki is harmless. She has since recovered from bruising and a leg injury that racked up $400 in vet bills, Sweat said. But he added that the incident changed the dog and his granddaughter -- Nikki is more cautious around people and Kayla refused to sleep alone in her bedroom, fearing the teen would return.

But West Jordan police always maintained the case was not as simple and one-sided as Sweat made it out to be.

City ordinances prohibit owners from letting their dogs "run at large." The code says the owner is liable for violations even if they don't know the dog is running at large.

Sweat, 62, was charged with three class B misdemeanors for an animal at large, animals attacking persons and failure to attach a license. His daughter, who owns the dog, was charged with failure to attach a license.

Sweat on Tuesday pleaded no contest to allowing the animal at large. His two other counts were dismissed. His daughter pleaded guilty to not licensing the dog.

The Salt Lake County District Attorney's Office declined to file charges against the boy, saying there is no evidence the dog was injured during the June 9 incident. The prosecutor said in a statement that the evidence indicates the boy's intent was to protect himself.

Sweat has said he was "dumbfounded" that he was somehow at fault.

In advance of the Tuesday trial, he said it shouldn't matter if his dog was on a leash -- that shouldn't give someone the right to come into his yard and assault the dog.

"I just want to get this thing behind me," he said. "For not even leaving my yard, I sure have gotten myself in a lot of trouble. It's funny I can get in all this trouble for a dog I don't own."

West Jordan » Prosecutors say no evidence teen hurt dog.
Article Tools

Enter a search phrase.

Specify a Range

From  to

 

 
Missing your paper? Need to place your paper on vacation hold? For this and any other subscription related needs, click here or call 801.204.6100.