01/11/11: Minutes - January 11, 2011 - Special Meeting

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01/11/11: Minutes - January 11, 2011 - Special Meeting

The Hillcrest Village Board of Trustees met in special session Tuesday, January
11, 2011 at the Hillcrest Village Hall. President Pro Tem Mecklenburg called the
meeting to order at 6:32 p.m. answering the roll call was trustees Jim
Mecklenburg, Rich Elliott, Randal Salsbury, Jim McMullin, Trevor Unger and Vicki
Stewart. President Rich Hicks was present as a resident.

President Pro
Tem Mecklenburg stated this meeting is not a judicial hearing; this is an
investigation concerning the events that happened on October 26, 210. President
Pro Tem Mecklenburg stated this board by virtue of the ordinance we have in
place can conduct an investigative hearing to determine the events that took
place on that particular day; we don’t want any arguments between opposing
parties, we don’t want any arguments between opposing attorneys, we don’t want
any arguments at all and if there are any argument I will ask for a quick motion
to adjourn. President Pro Tem Mecklenburg stated let’s keep this concise and
orderly.

Attorney Temple agreed with President Pro Tem Mecklenburg and
stated that the board of trustees is here for a very specific reason which is to
address the events that occurred on October 26, 2010 in a complaint that was
filed by Mr. Blaine Hicks regarding a couple of dogs owned by the Gonzales
family. Attorney Temple stated that he understands that emotions could run high
due to the events that have occurred in the past; I want to make it very clear
that the board of trustees will only be questioning potential witnesses about
what happened on October 26, 2010 anything prior to that day carries no weight
as to whether these dogs are classified as dangerous or vicious under village
ordinance; it is irrelevant. Attorney Temple stated the only people that will be
speaking tonight before the board of trustees are the individuals that received
letters from my office.

President Pro Tem Mecklenburg stated while others
here in attendance tonight might have something to say the complaint clearly
cites the ordinance and the eyewitnesses that were involved and for that reason
we will be limiting input to the following people: Blaine Hicks, Jeremy Hicks,
Justin Joyce and Mr. Mr. Robert Villatoro. President Pro Tem Mecklenburg stated
because the board of trustees does not want any of the witnesses to be
influenced by what another witness is saying the witnesses will be asked to wait
in the building inspector’s office until it is their turn to address the
board.

Attorney Temple stated according to the village ordinance the
definition of a dangerous animal is an animal that when unmuzzled, unleashed or
unattended by its owner, or member of its owner’s family, in a vicious or
terrorizing manner, approaches any person in an apparent attitude of attack upon
any public grounds or private property. Attorney Temple stated the first thing
the board of trustees needs to determine is whether these dogs are dangerous or
not and then we can go from there.

President Pro Tem Mecklenburg asked
Mr. Blaine Hicks to approach the speaker’s platform and give his interpretation
of the event of October 26, 2010. Mr. Blaine Hicks stated the only thing that I
have to say about this is that you have a copy of my complaint; you read it;
that is what happened; now I want to know what is going to be done about these
dogs they keep showing up at my shop. Mr. Blaine Hicks stated they apparently
killed my dog; I don’t want these dogs coming to my shop when I have customers
there I run a business there. President Pro Tem Mecklenburg stated on October
26, 2010 did the dogs charge you and was it during the day or at night. Mr.
Blaine Hicks stated it was around one thirty in the afternoon. President Pro Tem
Mecklenburg asked Mr. Blaine Hicks when you first saw the dogs how far away were
they. Mr. Blaine Hicks stated the dogs were at the mailbox. President Pro Tem
Mecklenburg stated was this at your shop. Mr. Blaine Hicks stated yes, we were
in the office. President Pro Tem Mecklenburg stated is that approximately thirty
feet. Mr. Blaine Hicks stated approximately, something like that. President Pro
Tem Mecklenburg stated were the dogs making growling noises. Mr. Blaine Hicks
stated yes they were. President Pro Tem Mecklenburg stated and you actually felt
threatened by the dogs. Mr. Blaine Hicks stated yes, I did.

President Pro
Tem Mecklenburg asked the board if they had any questions for Mr. Blaine Hicks.
Trustee Elliott asked Mr. Blaine Hicks if the dogs approached him when he came
out of his shop. Mr. Blaine Hicks stated yes, they did. President Pro Tem
Mecklenburg asked Mr. Blaine Hicks how close the dogs got to him and if they bit
him. Mr. Blaine Hicks stated no, when the dogs got right at me growling I went
back in my office. President Pro Tem Mecklenburg asked Mr. Blaine Hicks if he
had to shut the door quickly to keep the dogs from following him. Mr. Blaine
Hicks stated no, I just shut the door when I went in. President Pro Tem
Mecklenburg asked Mr. Blaine Hicks did you feel threatened by staying outside
instead of running in the office. Mr. Blaine Hicks stated well, they (the dogs)
had been there before and they ripped my dog to shreds and killed him the vet
said she had never seen a dog torn apart like this; my dog was seventy pounds
and I am not going to stand outside and let two dogs come at me that have been
there once before and the guy from the county told me that those dogs will
always come back there because they killed my dog there at my shop and that is
just their nature. President Pro Tem Mecklenburg asked Mr. Blaine Hicks if he
realized those were the same two dogs. Mr. Blaine Hicks stated at that time I
didn’t; I asked Mr. Mr. Robert Villatoro after the dogs left who the dogs
belonged to and he said he didn’t know; but I followed him and the dogs and they
went up to those people’s house (Mr. Blaine Hicks pointed at the Gonzales
family). Mr. Blaine Hicks stated like I said it is all there in my
complaint.

President Pro Tem Mecklenburg asked Mr. Blaine Hicks who was
with him at the time of the incident. Mr. Blaine Hicks stated Jeremy and Justin.
President Pro Tem Mecklenburg asked were they both standing beside of you. Mr.
Blaine Hicks stated we were in the shop; I was the one that went outside first.
Mr. Blaine Hicks stated Mr. Mr. Robert Villatoro was sitting out there is his
truck and I thought he wanted something; but when he comes to my shop he knocks
on the door. President Pro Tem Mecklenburg asked Mr. Blaine Hicks did Jeremy and
Justin go outside with you or did they come outside after they heard something.
Mr. Blaine Hicks stated the second time I went out my son (Jeremy) went out with
me. President Pro Tem Mecklenburg stated so; he wasn’t there to see how these
dogs were approaching you. Mr. Blaine Hicks stated yeah, they were looking out
the window; we have an office window right there where you can see
out.

Trustee Stewart asked Mr. Blaine Hicks the reason for actually
coming out of the shop the first time was it because of Mr. Mr. Robert Villatoro
being there you thought he wanted something. Mr. Blaine Hicks stated yeah.
Trustee McMullin asked Mr. Blaine Hicks did you actually see what happened;
which way the dogs went when they left. Mr. Blaine Hicks stated yeah, I followed
the dogs to see where they were going. President Pro Tem Mecklenburg asked the
trustees if they had any more questions. Attorney Temple stated to the board of
trustees that if they would allow him to ask questions he certainly would.
President Pro Tem Mecklenburg stated I wish you would because the board is not
exactly familiar with this process.

Attorney Temple stated I am not
familiar Mr. Hicks with your office you stated that there is a window there; is
that correct. Mr. Blaine Hicks stated yes. Attorney Temple asked Mr. Blaine
Hicks what lead you to get up in the first place to look outside. Mr. Blaine
Hicks stated that Justin Joyce said Mr. Mr. Robert Villatoro is sitting out
there is his truck; so I just got up to see what was going on. Attorney Temple
stated so Justin Joyce had gotten up to look out the window. Mr. Blaine Hicks
stated no. Attorney Temple stated so you can see through the window when you are
sitting down. Mr. Blaine Hicks stated yes. Attorney Temple stated before you
went outside to speak with Mr. Mr. Robert Villatoro had you noticed the dogs
before you went out there. Mr. Blaine Hicks stated yeah, I saw the dogs; but I
didn’t know whose dogs they were or anything. Attorney Temple stated you went
outside to speak with Mr. Mr. Robert Villatoro and you said the dogs were
approximately thirty to forty feet away from the mailbox; is that correct. Mr.
Blaine Hicks stated yes. Attorney Temple stated when did they start making
growling noises. Mr. Blaine Hicks stated as soon as I stepped out the door.
Attorney Temple stated were they already making growling noises. Mr. Blaine
Hicks stated I don’t know because I was in the shop.

Attorney Temple
stated you said that you felt threatened; but the dogs were thirty to forty feet
away from you what made you feel threatened at that particular time. Mr. Blaine
Hicks stated when a dog comes at you growling; showing his teeth don’t you feel
threatened. Attorney Temple stated that is the first time you have mentioned
teeth; I heard you mention growling. Attorney Temple asked Mr. Blaine Hicks how
close did they get to you; you said they were thirty to forty feet away. Mr.
Blaine Hicks stated they got within fifteen to twenty feet of me and I went back
inside. Attorney Temple asked Mr. Blaine Hicks if both dogs were growling. Mr.
Blaine Hicks stated I just noticed the brown and white one. Attorney Temple
asked Mr. Blaine Hicks did they walk toward you; did they run toward you. Mr.
Blaine Hicks stated no, he (brown and white dog) was coming at me, not running;
but he was coming at me. Attorney Temple stated you keep saying he; are you
referring to one of the dogs. Mr. Blaine Hicks stated yeah, I really didn’t pay
any attention to the other one after that. Attorney Temple stated I am sorry;
did you say the dog came directly at you. Mr. Blaine Hicks stated yes. Attorney
Temple asked Mr. Blaine Hicks at what point did you realize that these were the
same dogs. Mr. Blaine Hicks stated I had a good idea; but I didn’t realize it
until after the dogs had left my property and I asked Mr. Mr. Robert Villatoro
whose dogs they were and he said he didn’t know. Attorney Temple stated you had
a good idea at what point; when you looked out the window. Mr. Blaine Hicks
stated when I went outside. Attorney Temple stated so the minute that you went
outside you had a pretty good idea that these were the same dogs. Mr. Blaine
Hicks stated yes. Attorney Temple stated why didn’t you realize they were the
same dogs when you looked out the window. Mr. Blaine Hicks stated I didn’t pay
that much attention when I first looked out, I just stepped out to see if Mr.
Mr. Robert Villatoro needed something. Attorney Temple asked how long did you
stand outside. Mr. Blaine Hicks stated I didn’t stand outside very long; when
the dogs started towards me I went back in the shop. Attorney Temple asked so
how long from the time you opened the door until you went back into the shop.
Mr. Blaine Hicks stated a minute maybe; as soon as I opened the door and started
out the dogs started towards me. Attorney Temple stated I am sorry; say that
again. Mr. Blaine Hicks stated I said as soon as I opened the door and started
outside the dogs started towards me. Attorney Temple stated what did you do
after you went back inside. Mr. Blaine Hicks stated I went back inside and I got
a gun out of my safe and I went back outside. Attorney Temple stated where were
the dogs at that time. Mr. Blaine Hicks stated they were still right where I
left them. Attorney Temple stated standing by your door. Mr. Blaine Hicks stated
no; they were about twenty feet away. Attorney Temple stated before you told me
that one dog was within fifteen feet of you; so both dogs were within twenty
feet at this point. Mr. Blaine Hicks stated maybe twenty-five; okay. Attorney
Temple stated I am just trying to get the facts sir. Mr. Blaine Hicks stated
yeah, well. Attorney Temple stated well it is either fifteen or twenty-five
feet; there is a big difference; were both dogs coming at you. Mr. Blaine Hicks
stated one dog. Attorney Temple asked so were both dogs fifteen to twenty-five
feet away from you. Mr. Blaine Hicks stated one dog was closer than the other
dog. Attorney Temple stated why did you go back out there; you said that you
were afraid of these dogs; you said that they had ripped your dog to shreds
previously; why would you go back outside. Mr. Blaine Hicks stated would you
just leave them standing outside in your yard. Attorney Temple stated I probably
would have called the authorities; yes, if I were truly fearful that the dogs
were going to potentially attack me.

Attorney Temple stated when you went
outside what did you do. Mr. Blaine Hicks stated that he fired his gun and the
dogs ran off. Attorney Temple stated up in the air or at the dogs. Mr. Blaine
Hicks stated toward the dogs; I didn’t hit the dogs; there are too many houses
around. Attorney Temple asked Mr. Blaine Hicks if there was anything that he had
not covered that you he wanted to cover. Mr. Blaine Hicks stated I just want to
know if they are going to let these dogs run loose where they can keep coming
back to my shop. Attorney Temple stated that is why you are here tonight; you
are following the ordinance. Mr. Blaine Hicks stated that is why I filed a
complaint. Attorney Temple stated so you are here to ask if something is going
to be done under the ordinance. Mr. Blaine Hicks stated yes. Attorney Temple
thanked Mr. Blaine Hicks for his time.

President Pro Tem Mecklenburg
stated Mr. Hicks I am sorry I started this meeting out by saying that this is
not a court case or a hearing. Mr. Blaine Hicks stated yeah, it felt like it.
Attorney Temple apologized to Mr. Blaine Hicks. President Pro Tem Mecklenburg
stated Attorney Temple asked a lot of questions that the board probably should
have asked; but he knows which ones to ask. Mr. Blaine Hicks stated all of that
is in my complaint and if you would have just read it you would have known.
President Pro Tem Mecklenburg stated well, we need you to say what is in the
report, too.

President Pro Tem Mecklenburg asked Jeremy Hicks to address
the board of trustees. President Pro Tem Mecklenburg stated I am sorry, we have
never met before and you are Jeremy Hicks; is that correct. Mr. Jeremy Hicks
stated yes. President Pro Tem Mecklenburg stated would you please tell us the
events of October 26, 2010. Mr. Jeremy Hicks stated well those dogs came after
us. President Pro Tem Mecklenburg asked Mr. Jeremy Hicks when did you see the
dogs. Mr. Jeremy Hicks stated when they were coming toward the shop; we went
outside and we saw them; when we went outside they started coming towards us.
President Pro Tem Mecklenburg asked Mr. Jeremy Hicks where was your dad (Mr.
Blaine Hicks) at that time. Mr. Jeremy Hicks stated he was with me I guess.
President Pro Tem Mecklenburg stated he was beside you; was he already outside
when you went outside. Mr. Jeremy Hicks stated I think he was beside me, behind
me maybe. President Pro Tem Mecklenburg asked Mr. Jeremy Hicks so the dogs were
by the street; by the mailboxes over by the ready mix. Mr. Jeremy Hicks stated
they were kind of coming from the house across the road south east of the shop.
President Pro Tem Mecklenburg stated south east of the shop. Mr. Jeremy Hicks
stated yes, south east that would be Trevor’s house. President Pro Tem
Mecklenburg stated did they approach in a threatening manner. Mr. Jeremy Hicks
stated when they saw me they were growling and running. President Pro Tem
Mecklenburg asked Mr. Jeremy Hicks if he felt threatened. Mr. Jeremy Hicks
stated yeah, I felt threatened; I was looking for something to grab. President
Pro Tem Mecklenburg asked Mr. Jeremy Hicks how close did the dogs get to you.
Mr. Jeremy Hicks stated probably fifteen feet. President Pro Tem Mecklenburg
asked Mr. Jeremy Hicks how close were they. Mr. Jeremy Hicks stated they were in
our ditch; they were standing there growling. Mr. Jeremy Hicks stated it is
pretty much how the complaint says. President Pro Tem Mecklenburg stated
sometimes people don’t recall things exactly right as it is written in the
report or their memory is better after they have thought about it quite a bit;
maybe the report might say something different than one of the witnesses.
President Pro Tem Mecklenburg asked the board if they had any other
questions.

Trustee Stewart stated when the dogs came at you and you felt
threatened did you turn and go back into the building or did you stay outside.
Mr. Jeremy Hicks stated I backed up toward the shop. Trustee Stewart stated but
you never went back in the building. Mr. Jeremy Hicks stated I didn’t go back in
the building. Trustee Stewart stated one other question; were both dogs coming
at you or just one. Mr. Jeremy Hicks stated both. Trustee Stewart stated neither
one was coming first. Mr. Jeremy Hicks stated the light one was in front of the
other; the whiter of the two. Trustee Stewart stated for color issues let’s just
do large or small; was it the smaller of the larger dog. Mr. Jeremy Hicks stated
it was the lighter colored dog. Trustee Stewart stated alright.

Trustee
Salsbury asked Mr. Jeremy Hicks if the dogs were wearing a leash or a rope
around their necks. Mr. Jeremy Hicks stated the one dog had on a red collar.
President Pro Tem Mecklenburg asked Mr. Jeremy Hicks if the dog was muzzled or
had any type of restraint. Mr. Jeremy Hicks stated no. President Pro Tem
Mecklenburg asked Attorney Temple if he has any questions.

Attorney
Temple stated you were at your father’s shop; is that correct. Mr. Jeremy Hicks
stated correct. Attorney Temple asked Mr. Jeremy Hicks where were you located
prior to you going outside. Mr. Jeremy Hicks stated I was sitting in the shop
with my dad (Mr. Blaine Hicks) then we went outside and we saw the dogs across
the street. Attorney Temple stated so; when you first saw the dogs you were
already outside. Mr. Jeremy Hicks stated no. Attorney Temple stated then where
were you when you first saw the dogs. Mr. Jeremy Hicks stated in the shop.
Attorney Temple stated so all three of you were in the shop. Mr. Jeremy Hicks
stated yes. Attorney Temple stated then that is where I want to start. Attorney
Temple stated what lead you and your father to go outside. Mr. Jeremy Hicks
stated well we just went outside to see what the maintenance guy (Mr. Mr. Robert
Villatoro) wanted and he was chasing some dogs; we saw the dogs coming out from
behind Trevor’s house. Attorney Temple asked Mr. Jeremy Hicks where were the
dogs at when you first went outside. Mr. Jeremy Hicks stated across the street.
Attorney Temple asked Mr. Jeremy Hicks approximately how far away. Mr. Jeremy
Hicks stated about seventy-five feet. Attorney Temple stated so; the first time
you went outside the dogs were seventy-five away and you and your father
proceeded to stay outside as the dogs continued toward your property. Mr. Jeremy
Hicks stated that is correct. Attorney Temple asked Mr. Jeremy Hicks if the dogs
were going anywhere in particular; were they just running across the property or
were they coming directly at you. Mr. Jeremy Hicks stated they were running in
Trevor’s yard and they started running toward the shop and I went to ask the
maintenance guy (Mr. Mr. Robert Villatoro) what was going on that is when I saw
them. President Pro Tem Mecklenburg asked Mr. Jeremy Hicks if the dogs were
walking toward him. Mr. Jeremy Hicks stated once they realized we were out
there. Attorney Temple asked Mr. Jeremy Hicks how close did the dogs get to you.
Mr. Jeremy Hicks stated about fifteen feet. Attorney Temple stated both dogs
came within fifteen feet of you. Mr. Jeremy Hicks stated the white one with the
tan did. Attorney Temple stated at what point did you notice that these were the
same dogs that had killed and maimed your dog. Mr. Jeremy Hicks stated I didn’t.
Attorney Temple stated at some point did you learn or determine that these were
the same dogs. Mr. Jeremy Hicks stated I didn’t when it happened. Attorney
Temple stated so the dogs were seventy-five feet away when you first came out;
at what point did they start growling. Mr. Jeremy Hicks stated when we noticed
them. Attorney Temple asked Mr. Jeremy Hicks so how close were they at that
point. Mr. Jeremy Hicks stated across the street. Attorney Temple stated so
seventy-five feet away. Mr. Jeremy Hicks stated yeah. Attorney Temple stated and
that is when they started growling. Mr. Jeremy Hicks stated yeah. Attorney
Temple asked Mr. Jeremy Hicks if the dogs did anything other than growl. Mr.
Jeremy Hicks stated what. Attorney Temple stated did the dogs bare their teeth.
Mr. Jeremy Hicks stated yeah. Attorney Temple asked Mr. Jeremy Hicks both dogs
or just one. Mr. Jeremy Hicks stated both. Attorney Temple stated and you are
sure both dogs were showing their teeth. Mr. Jeremy Hicks stated I am sure that
they were both running in the same direction, I couldn’t see them the whole
time. Attorney Temple stated so actually you are not sure they were showing
their teeth at all. Mr. Jeremy Hicks stated the front one was. Attorney Temple
stated the dogs are approaching you showing their teeth and you did not go back
into the shop at all. Mr. Jeremy Hicks stated I backed up toward the shop.
Attorney Temple asked Mr. Jeremy Hicks where was Mr. Blaine Hicks at this time.
Mr. Jeremy Hicks stated I don’t really know where he went; but I know where he
was when he shot at the dogs; he was about fifteen feet away from them. Attorney
Temple stated let’s back up a little bit; so when Mr. Blaine Hicks first went
outside did he have a gun with him. Mr. Jeremy Hicks stated no. Attorney Temple
stated so at some point he left you and went back into to retrieve the gun and
you remained outside. Mr. Jeremy Hicks stated yes. Attorney Temple stated thank
you Mr. Hicks I appreciate your time.

President Pro Tem Mecklenburg asked
Mr. Justin Joyce to address the board of trustees. President Pro Tem Mecklenburg
stated we are here to talk about the events of October 26, 2010 and you were one
of the eyewitnesses; would you please tell us where you were during the
incident. Mr. Justin Joyce stated he was inside the office of the shop.
President Pro Tem Mecklenburg asked Mr. Justin Joyce how did you see what was
happening. Mr. Justin Joyce stated out the window. President Pro Tem Mecklenburg
stated out the window; what direction. Mr. Justin Joyce stated south. President
Pro Tem Mecklenburg stated south of what. Mr. Justin Joyce stated south of the
shop. President Pro Tem Mecklenburg stated okay, where were the dogs when you
first saw them. Mr. Justin Joyce stated when I first saw the dogs they were by
the edge of the road next to the mailbox. President Pro Tem Mecklenburg asked
Mr. Justin Joyce were the dogs running; were they walking, milling around. Mr.
Justin Joyce stated yeah, they were walking around; I saw Mr. Mr. Robert
Villatoro pull up in the truck. President Pro Tem Mecklenburg asked Mr. Justin
Joyce if that agitated the dogs or affected them in any way. Mr. Justin Joyce
stated I don’t know; I was sitting down and I saw the truck pull up to the shop.
President Pro Tem Mecklenburg asked Mr. Justin Joyce if he saw Mr. Blaine Hicks
go outside. Mr. Justin Joyce stated yes. President Pro Tem Mecklenburg asked Mr.
Justin Joyce how did that affect the dogs. Mr. Justin Joyce stated the dogs came
after him (Mr. Blaine Hicks). President Pro Tem Mecklenburg asked Mr. Justin
Joyce if the dogs were walking or running; were they wagging their tails. Mr.
Justin Joyce stated they were growling; I could hear them bark; I never went out
I stayed inside. President Pro Tem Mecklenburg asked Mr. Justin Joyce if the
dogs were growling and walking. Mr. Justin Joyce stated they were barking and
charging at them (Mr. Blaine Hicks and Mr. Jeremy Hicks) I guess. President Pro
Tem Mecklenburg asked Mr. Justin Joyce what time of day did this happen. Mr.
Justin Joyce stated afternoon probably. President Pro Tem Mecklenburg asked Mr.
Justin Joyce how close was either one of the Mr. Hicks’ to the dogs. Mr. Justin
Joyce stated probably five, ten feet away something like that. President Pro Tem
Mecklenburg asked Mr. Justin Joyce if he could hear anyone calling the dogs,
were there any leashes attached to the dogs or any muzzles, did the dogs bark
seem to be saying stay away from me, was it a warning. Mr. Justin Joyce stated
the dogs were coming at them growling. President Pro Tem Mecklenburg stated
sometimes your neighbor may have a dog when you go out in the back yard the dog
barks, I do, my neighbor’s dog barks when I go out in my back yard; that is one
kind of bark, when a dog feels threatened that is another kind of bark, was it a
playful kind of bark. Mr. Justin Joyce stated no. President Pro Tem Mecklenburg
asked Mr. Justin Joyce did you stay inside so that you would not be part of the
events that took place. Mr. Justin Joyce stated I didn’t feel any need to go
outside. President Pro Tem Mecklenburg asked the board of trustees and Attorney
Temple if they had any questions.

Attorney Temple stated I want to go
back to when you were all sitting inside the shop. Attorney Temple stated I have
been lead to believe based on the previous testimony that there is a window in
the shop, is that correct. Mr. Justin Joyce stated yes. Attorney Temple stated
and it was you that first noticed the dogs outside on the property. Mr. Justin
Joyce stated yes. Attorney Temple asked Mr. Justin Joyce did you then alert the
Hicks’ that the dogs were on their property. Mr. Justin Joyce stated yes.
Attorney Temple stated and the first time you saw the dogs your response to the
board was that the dogs were at the edge of the road by the mailbox, is that
correct. Mr. Justin Joyce stated by the edge of the road there; somewhere in
there. Attorney Temple stated the mailbox that has been made reference to what
mailbox are we talking about; the mailbox on the Hicks property. Mr. Justin
Joyce stated yes. Attorney Temple asked Mr. Justin Joyce approximately how far
away from the shop is the mailbox where you first observed the dogs there. Mr.
Justin Joyce stated thirty feet. Attorney Temple asked Mr. Justin Joyce when you
noticed the dogs what made you mention that to Mr. Hicks; what was your reason
for alerting him. Mr. Justin Joyce stated I just figured that those were the
dogs that killed his dog. Attorney Temple asked Mr. Justin Joyce what made you
believe that. Mr. Justin Joyce stated why else would they be out there sniffing
around. Attorney Temple stated there are other dogs in the area; what made you
believe that these were the same dogs. Attorney Temple stated I guess I will get
more to the point; did you know the dogs that had killed the Hicks’ family dog,
did you know what they looked like. Mr. Justin Joyce stated no. Attorney Temple
stated so; why would you believe that these were the same dogs. Mr. Justin Joyce
stated because there are not a lot of pit bulls running loose. Attorney Temple
stated so; you noticed that these dogs were pit bulls. Mr. Justin Joyce stated
yes. Attorney Temple asked Mr. Justin Joyce what did you say to Mr. Blaine Hicks
when you saw the dogs; there is those same dogs that killed yours or what was
said. Mr. Justin Joyce stated no, there are two pit bulls sitting over there.
Attorney Temple asked Mr. Justin Joyce what was Mr. Blaine Hicks’ response; did
he say anything about it probably being the same dogs or that it was the same
dogs that killed his dog. Mr. Justin Joyce stated yeah. Attorney Temple stated
and that was before Mr. Blaine Hicks went outside. Mr. Justin Joyce stated yeah.
Attorney Temple stated after you alerted Mr. Blaine Hicks that there were two
pit bulls outside his response was that those were the same dogs that killed his
dogs what happened next. Mr. Justin Joyce stated he walked outside. Attorney
Temple stated he walked outside; he ran outside; did he get a gun first; what
happened. Mr. Justin Joyce stated he walked outside. Attorney Temple asked Mr.
Justin Joyce if anyone went with Mr. Blaine Hicks at that time. Mr. Justin Joyce
stated Mr. Jeremy Hicks. Attorney Temple stated you said that when you first
noticed the dogs they were approximately thirty feet away by the mailbox what
happened specifically when Jeremy and Blaine went outside. Mr. Justin Joyce
stated they walked toward the street and the dogs came at them. Attorney Temple
stated toward the street toward the dogs or away from the dogs. Mr. Justin Joyce
stated they just walked outside half way to the street and the dogs came after
them. Attorney Temple stated I want to make sure that I understand this; I
understand that they walked toward the street were the dogs in between them and
the street or did they go toward the street in another direction. Mr. Justin
Joyce stated the dogs were south of them; the dogs were across the street.
Attorney Temple stated what direction did Mr. Hicks and Jeremy go. Mr. Justin
Joyce stated they just walked out the door. Attorney Temple stated did they
continue walking or did they stop; you said they were half way to the street; I
am just trying to figure what direction this was in. Mr. Justin Joyce stated
they were walking toward the dogs. Attorney Temple asked Mr. Justin Joyce how
far did they walk toward the dogs. Mr. Justin Joyce stated about fifteen feet
away from the shop. Attorney Temple asked Mr. Justin Joyce how far away from the
building is that. Mr. Justin Joyce stated twenty feet, I don’t know. Attorney
Temple asked Mr. Justin Joyce if the dogs were still by the mailbox at that
time. Mr. Justin Joyce stated they walked down in the ditch. Attorney Temple
asked Mr. Justin Joyce could you hear them growling. Mr. Justin Joyce stated I
was inside, I could hear them barking. Attorney Temple stated you did indicate
at one point that you heard them growl; could you hear them growl from inside
the shop. Mr. Justin Joyce stated growling, barking what is the difference.
Attorney Temple stated well, it is two different things; were they growling or
barking. Mr. Justin Joyce stated barking. Attorney Temple stated barking; but
not growling; I just want to make sure real quick they are two different things.
Mr. Justin Joyce stated I heard barking. Attorney Temple stated you are
laughing; it was either a growl or a bark or two separate incidents. Mr. Justin
Joyce stated barking. Attorney Temple stated so; they were barking; you did not
hear the dog growl. Mr. Justin Joyce stated yeah.

Attorney Temple stated
when Mr. Hicks and his son (Jeremy) walked ten feet away from the building you
indicated the dogs were still in the ditch area which would be twenty-five feet
away from the building; did the dogs come towards Mr. Hicks and his son (Jeremy)
at some point. Mr. Justin Joyce stated yeah. Attorney Temple asked Mr. Justin
Joyce when did that happen. Mr. Justin Joyce stated a minute after they walked
outside. Attorney Temple stated I am not trying to twist your words I am trying
to understand exactly what happened; you indicated that Mr. Hicks and his son
(Jeremy) walked ten feet away from the building towards the dogs; the dogs were
by the mailbox twenty-five feet away from the building you said that they were
walking about; so at some time they had to quit walking about and charge towards
Mr. Hicks. Mr. Justin Joyce stated yeah. Attorney Temple asked Mr. Justin Joyce

did that happen immediately after he came out the door or after he walked ten
feet. Mr. Justin Joyce stated after he (Mr. Blaine Hicks) walked out. Attorney
Temple asked Mr. Justin Joyce did one dog approach Mr. Hicks and his son
(Jeremy) or did both dogs charge; what happened. Mr. Justin Joyce stated I think
they were both up there. Attorney Temple stated I know they were both there did
they come towards Mr. Hicks and his son (Jeremy). Mr. Justin Joyce stated yes.
Attorney Temple stated in what manner, specifically. Mr. Justin Joyce stated
they came at them. Attorney Temple asked Mr. Justin Joyce running, walking,
what. Mr. Justin Joyce stated it wasn’t all out and out; it was like they jogged
up there. Attorney Temple stated Mr. Blaine Hicks and his son (Jeremy) are
approximately ten feet away from the building; the dogs are fifteen feet away by
the mailbox which is a total of twenty-five feet away the dogs start running
after them; what did Mr. Blaine Hicks and his son Jeremy do at that time. Mr.
Justin Joyce stated came back inside. Attorney Temple stated did they run
inside, did they walk inside. Attorney Temple stated they were ten feet away
from the building and the dogs were fifteen feet away; but they were both able
to get inside before the dogs were able to get to them. Attorney Temple stated
the dogs didn’t attack them; is that correct. Mr. Justin Joyce stated no.
Attorney Temple stated and both Mr. Hicks’ came inside. Mr. Justin Joyce stated
I think they did. Attorney Temple stated what happened after they both came
inside. Mr. Justin Joyce stated Mr. Blaine Hicks got his gun and they went back
out. Attorney Temple stated at any time up to that point were any comments made
about these being the same dogs that ripped Mr. Blaine Hicks’ dog to shreds. Mr.
Justin Joyce stated he might have said something; but I don’t recall anything.
Attorney Temple stated you have already indicated on at least one other occasion
that these were the same dogs; did he mention it on more than one occasion. Mr.
Justin Joyce stated right then; you mean. Attorney Temple stated up to the point
where Mr. Blaine Hicks went and got his gun. Mr. Justin Joyce stated I don’t
recall whether he did or not; I don’t remember word for word what he stated.
Attorney Temple stated and I am not asking for word for word; but did Mr. Blaine
Hicks on more than one occasion mention that these were the same dogs that had
killed his dog. Mr. Justin Joyce stated I don’t recall. Attorney Temple stated
you don’t recall.

Attorney Temple stated where were the dogs when Mr.
Blaine Hicks went back outside with the gun. Mr. Justin Joyce stated they were
just standing outside; I don’t know. Attorney Temple stated they were just
standing there. Mr. Justin Joyce stated yes, by the edge of the concrete by the
ditch. Attorney Temple stated and again I just want to make sure I understand, I
want to be clear. Attorney Temple stated they were originally twenty-five feet
away by the mailbox; Mr. Blaine Hicks was ten feet away from the building, the
(dogs) ran toward him; they are twenty feet away now and they were running
toward him (Mr. Blaine Hicks) I presume that they had turned around and they
were walking away at that point. Mr. Justin Joyce stated they just were standing
around; I don’t recall the distance; I know they were on his (Mr. Blaine Hicks)
property. Attorney Temple stated were they (dogs) both facing the building or
the street. Mr. Justin Joyce stated the building. Attorney Temple asked Mr.
Justin Joyce where was Jeremy at this time; was he still in the building with
you. Mr. Justin Joyce stated I don’t recall if he went back out. Attorney Temple
asked Mr. Justin Joyce if Mr. Mr. Robert Villatoro was present the entire time.
Mr. Justin Joyce stated he didn’t get out of the truck until they (dogs) left;
that I saw; but I couldn’t see on the other side of the truck. Attorney Temple
thanked Mr. Justin Joyce for his time.

President Pro Tem Mecklenburg
asked Officer Messer to ask Mr. Mr. Robert Villatoro to step up to the speaker’s
platform and address the board of trustees. President Pro Tem Mecklenburg stated
Robert we are asking you to explain the events of October 26, 2010; what took
place that put you in this situation. Mr. Mr. Robert Villatoro stated that he
got a phone call from Village Clerk, Teresa Adams and she stated that she had
received a phone call from one of the residents at 411 Hillcrest Avenue saying
that two pit bulls were running loose. Mr. Mr. Robert Villatoro stated I drove
toward 411 Hillcrest Avenue and I saw the two pit bulls running; when I got down
out of the truck I recognized the two dogs as Chapo and Kilo; so I called them
by their names; but they kept going. Mr. Mr. Robert Villatoro stated they ran
down Hillcrest Avenue to River Road they turned right; I followed them and I saw
them getting into Mr. Blaine Hicks property; so I turned right on Ramona Avenue
and I pulled into the parking lot and I backed out of the driveway. Mr. Mr.
Robert Villatoro stated I saw Kilo he was urinating on Mr. Blaine Hicks mailbox;
so I parked and I got off of the truck and I heard a gunshot and that was it and
then I saw the two pit bulls running away. Mr. Mr. Robert Villatoro stated I
don’t know exactly what happened I didn’t see anything; I just heard the gunshot
and that was it. President Pro Tem Mecklenburg asked Mr. Mr. Robert Villatoro if
the dogs were running as a result of your truck coming in that direction; you
know how dogs tend to run away when they hear a loud truck; did they feel like
they were being chased. Mr. Mr. Robert Villatoro stated well, I was right behind
them; but I don’t know if they felt like they were being chased; but I was right
behind them. Mr. Mr. Robert Villatoro stated like I said I just saw them getting
onto Mr. Blaine Hicks parking lot and then I heard the gunshots. President Pro
Tem Mecklenburg stated I am just trying to understand why the dogs went over to
that area in the first place if there was some other reason or some extenuating
circumstance that gets them to that area. Mr. Mr. Robert Villatoro stated I
can’t say. President Pro Tem Mecklenburg stated you went after these dogs. Mr.
Mr. Robert Villatoro stated I was with the truck; you know following them and I
called them by their names; but they didn’t listen; so I just got into the truck
and went after them.

President Pro Tem Mecklenburg stated okay, when you
got over by Mr. Hicks’ place of employment was he already outside or was he
inside the building. Mr. Mr. Robert Villatoro stated he was with Jeremy; I think
so; they were in the parking lot. President Pro Tem Mecklenburg stated they were
already in the parking lot when you got there. Mr. Mr. Robert Villatoro stated
yes. President Pro Tem Mecklenburg stated what were you doing at that point. Mr.
Villatoro stated I am trying to remember I believe that Clerk Adams called me
because we were trying to get Ogle County Animal Control Officer, Hank Coy to
help with the situation; so I think I was on the phone with Clerk Adams if I am
not mistaken. President Pro Tem Mecklenburg stated when you pulled up there at
Mr. Blaine Hicks place of business where were the dogs. Mr. Villatoro stated I
just saw Kilo by the mailbox. President Pro Tem Mecklenburg stated both of the
dogs. Mr. Villatoro stated no, just Kilo; I don’t know where the other dog was
because I drove past the mailbox and that is when I heard the gunshot and the
dogs were running again and they got onto the property at 333 River Road and I
got back into the truck and I just used my common sense and went to Ms.
Gonzales’ house and I told him that his dogs were running loose. Mr. Villatoro
stated it was more appropriate for the owners to just go and get their dogs;
then to put myself into a bad situation. President Pro Tem Mecklenburg stated
that is just fine; that is what I would have done, too. President Pro Tem
Mecklenburg stated when you pulled up to the Hicks’ were the dogs sitting down
or standing up. Mr. Villatoro stated Kilo was urinating on Mr. Blaine Hicks’
mailbox. President Pro Tem Mecklenburg stated and Blaine and Jeremy were there.
Mr. Villatoro stated yes, they were there in their parking lot. President Pro
Tem Mecklenburg stated they were in the parking lot; how far were the Hicks’
from the dogs. Mr. Villatoro stated I can’t really say I don’t know how far it
was. President Pro Tem Mecklenburg stated after the dog finished doing what it
was doing; what happened. Mr. Villatoro stated I don’t know what happened I just
parked and I don’t know what happened. Mr. Villatoro stated I just parked there
and I heard a gunshot. President Pro Tem Mecklenburg asked Mr. Villatoro if he
heard dogs barking. Mr. Villatoro stated the truck is diesel; so it is loud.
President Pro Tem Mecklenburg asked if the board of trustees had any questions.
President Pro Tem Mecklenburg asked Attorney Temple if he had any
questions.

Attorney Temple stated let me try to understand something
here; Mr. Villatoro you have indicated that you were called out to look for some
dogs running at large; is that correct. Mr. Villatoro stated yes. Attorney
Temple stated where were you when you first noticed these two dogs. Mr.
Villatoro stated he had just returned to work after lunch and Clerk Adams called
me and told me two pit bulls were running at large on Hillcrest Avenue and I got
into the truck and drove down Hillcrest Avenue. Attorney Temple stated so; you
started driving around looking for the dogs. Mr. Villatoro stated yes. Attorney
Temple stated where were the dogs when you first spotted them. Mr. Villatoro
stated right in front of 411 Hillcrest Avenue. Attorney Temple stated 411 is
that the Hicks’ property. Mr. Villatoro stated no, that is another property;
that is when I first saw them down there on Hillcrest Avenue. Attorney Temple
stated how far away were the dogs from Mr. Hicks’ shop at that point when they
were at 411. Mr. Villatoro stated a block. Attorney Temple stated they were a
block away and were you able to follow the dogs until you lost sight of them.
Mr. Villatoro stated yes, I lost sight because I was turning the truck around.
Attorney Temple stated how long did you lose sight of the dogs then, a matter of
seconds, a matter of minutes. Mr. Villatoro stated long enough to turn the
truck. Attorney Temple stated so once you turned around and you were able to
ascertain where the dogs were once again; where were they at that time. Mr.
Villatoro stated I just saw him (Kilo) urinating on the mailbox. Attorney Temple
stated by the time you turned around Kilo was already on Mr. Hicks’ property.
Mr. Villatoro started he was by the mailbox; I just went and parked and I don’t
know if they (dogs) returned or not after that I don’t know what
happened.

President Pro Tem Mecklenburg stated at any time on this day
were those dogs a danger or a threat to you. Mr. Villatoro stated they (dogs)
were just running; they didn’t have the opportunity to catch me. President Pro
Tem Mecklenburg asked Mr. Villatoro if he felt threatened in any way. Mr.
Villatoro stated well you know any dog will attack if they feel threatened, if
they feel cornered any dog will attack. Trustee Elliott stated after you turned
the truck around were you on the Hicks’ property by the shop. Mr. Villatoro
stated I was facing River Road. Trustee Elliott stated did you use Mr. Hicks’
parking lot to turn around. Mr. Villatoro stated yes, where they parked the
trucks.

Attorney Temple stated I am not familiar with Hillcrest at all;
so I am trying to picture all of this. Attorney Temple stated so from 411
Hillcrest Avenue you were a block away from Mr. Hicks’ property at that time.
Mr. Villatoro stated yes. Attorney Temple stated so if I understand this
correctly you did your turn adjacent or close to Mr. Hick’s property; is that

correct. Mr. Robert Villatoro stated yes. Attorney Temple stated so had you
already followed the dogs down to Mr. Hicks’ property then you passed the dogs
and turned around as you were coming back. Mr. Villatoro stated I turned around
I did a 360 on River Road past the mailbox and I lost sight for a while; so I
don’t know what happened for a while. Attorney Temple stated so when you turned
around and came back toward the property were you able to see any entrances to
Mr. Hick’s shop; were you in the front of the building at that time or beside
the building. Mr. Villatoro stated I was facing west on Ramona Avenue. Attorney
Temple stated you only observed one dog at that time by the mailbox; is that
correct. Attorney Temple stated did you look around for the other dog. Mr.
Villatoro stated I was on the phone with Clerk Adams. Attorney Temple stated you
weren’t looking for the dog; you didn’t see it because you weren’t looking for
it; it is not like you were standing on the property looking for it; is that
correct. Attorney Temple stated did you observe the demeanor of the dogs; I
understand that one of the dogs was urinating on the mailbox; was the dog still
urinating on the mailbox when the gunshots went off. Mr. Villatoro stated I
don’t know because I lost sight of the situation. Attorney Temple stated did you
see any dog approach the Hicks’ in a threatening manner. Mr. Villatoro stated I
saw two dogs running and I followed them back to the Gonzales’ house. President
Pro Tem Mecklenburg asked if there were any more questions. President Pro Tem
Mecklenburg thanked Mr. Villatoro for his time.

President Pro Tem
Mecklenburg asked that a representative from the Gonzales family come to the
speaker’s platform. Jessica Gonzales introduced herself and stated that she
lives at 215 Jeffrey Avenue. Ms. Gonzales stated I was at home when Mr.
Villatoro knocked at the door and asked to speak with my father; I told Mr.
Villatoro he was not home. Ms. Gonzales stated that Mr. Villatoro left and came
back at that time my father was home. Ms. Gonzales stated that Mr. Villatoro
told her father that the dogs were running loose and he needed to help catch the
dogs. Ms. Gonzales stated that Mr. Blaine Hicks showed up at her house and was
yelling about the dogs and the Sheriff told him to calm down and Mr. Hicks left.
Ms. Gonzales stated the dogs were restrained by the time Mr. Hicks left. Ms.
Gonzales presented the board of trustees with pictures of the fence that had
been damaged by the high winds in the storm the night before and she stated that
is how the dogs got out. President Pro Tem Mecklenburg asked if the board had
any questions. Trustee Elliott stated that he would like to see the police
report. While Officer Messer went to get the police report Ms. Gonzales stated
that Kilo was no longer in the village. Officer Messer presented the board with
a copy of the police report.

Silene Walters asked if there was going to
be a meeting every time a complaint was filed. Attorney Temple stated no, there
are extenuating circumstances in this case. Silene Walters stated does the
village even have a proper ordinance in place and why aren’t all of the
ordinances being enforced. Silene Walters stated that people should not be
allowed to let their animals run amuck. Attorney Temple stated that the village
does have a proper ordinance; however the village does not have the proper
resources to protect personnel.

President Pro Tem Mecklenburg stated the
board should make a determination soon; however tomorrow night’s meeting maybe
too soon; please keep in mind that you are only to consider the events that took
place on October 26, 2010. President Pro Tem Mecklenburg stated please read the
ordinance again with everything that you have heard here tonight in mind and
please read carefully the definition of a dangerous dog. After a brief
discussion the board announced that a decision would be made at the February

meeting.

There being no further business to transact a motion to adjourn
was made by Trustee Stewart; Trustee Elliott seconded the motion. Vote as
follows: Mecklenburg – yes, Elliott – yes, Salsbury – yes, McMullin – yes, Unger
– yes and Stewart – yes. The motion passed unanimously. The meeting adjourned at
8:02 p.m. The next regular monthly meeting will be held February 9, 2011 at 7:00
p.m. at the Hillcrest Village Hall.

Respectfully submitted,
Teresa J.
Adams,
Village Clerk


Posted: 1/11/2011 | Updated: 1/11/2011