Jury will decide vicious dog case
September 6, 2008
ASPEN ” A jury of Aspen residents will decide whether a Park Avenue resident is keeping a vicious dog.
Dieter Bibbig has hired Snowmass Village attorney Arnold Mordkin after he was cited on Aug. 14. Two days earlier, his German shepherd had a run-in with another canine, prompting police to cite Bibbig for keeping a vicious dog and a dog running at large.
Bibbig claims that his dog was provoked, and didn’t even bite the alleged victim. He also claims the ticket is unfair.
In any event, Judge Brooke Peterson set the trial for Oct. 29 after mulling over the matter Wednesday in Municipal Court. Assistant City Attorney Jim True was hoping to have a bench trial Sept. 17, but Mordkin lobbied that he needed more time to gather evidence to prepare a defense.
“Fourteen days from now to have the trial is unacceptable,” Mordkin argued. “It’s a denial of due process.”
And because Mordkin wanted a jury, the judge had no choice but to move the trial to the end of October.
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The six-member jury will need to sort out details from the Aug. 12 incident, in which Bibbig’s dog is accused of running out of his 333 Park Ave. residence and attacking a leashed dog that was moseying down the street with Graham Loving, a friend of the animal’s owner, Pat Reutershan, according to a police report.
Loving told an Aspen police officer that the “the next thing he knew, the dogs were fighting with a German shepherd biting his dog. A few moments later, Graham said a man [Bibbig] ran out of the house calling for his dog to stop. Graham said he put his hand out and ordered the German shepherd to stop attacking.”
The dog complied, the witness said.
But according to Bibbig, his dog ” whose name is Henner ” actually bit another dog, not the one that Loving was walking. Bibbig reasoned that the dog that Henner went after was being walked by a woman, not a man.
“[Police] informed him it was in fact a male walking the dog and that the dog attacked by Henner was in fact the dog walked by Loving,” the report says.
Bibbig also took issue with the fact that someone was passing by his house.
“Bibbig stated he wasn’t being treated fairly and the other party shouldn’t have even been walking down the street in front of his house,” the police report says.