2005 Year in Review

Grand Jury Indicts Dersham on Firearm Owner's Charges

On March 3, 2005, the Whiteside County Grand Jury met to consider evidence relating to the tragic death of Lydia Chaplin, Erie, on January 27th, 2005.

The rural Erie girl was mauled by a neighbor, Arthur Dersham’s, four dogs, three of which were Pit Bulls and the fourth one a mixed breed. The dogs were running loose early that day. The girl was attacked along a rural road, near her home, and was unable to make her way home and died of hypothermia.

Thirteen witnesses testified before the Grand Jury as to their knowledge of the facts and circumstances surrounding the death of Miss Chaplin.

At the conclusion of the presentation of evidence, The Grand Jury returned “No Bills” on the offenses of Involuntary Manslaughter and Reckless Conduct.

The Grand Jury did return a multi-count indictment charging Arthur Dersham with nine counts of Possession of a Firearm without the Requisite Firearm Owners Identification Card. Each count of the indictment is a class four felony for which Mr. Dersham could receive a maximum of three years in prison.

During the investigation of Ms. Chaplin’s death, police found that Mr. Dersham was in possession of the firearms and that his Firearm Owner’s Identification Card had been previously revoked by the Illinois State Police as the result of a civil order of protection having been entered against Dersham.

The four dogs that were in the possession of Dersham at the time of the attack on Ms. Chaplin have been euthanized pursuant to law by the Whiteside County Animal Control Department.

The Whiteside County Sheriff’s Office is working with the State’s Attorney’s office in continuing the investigation of the events that led the 14 year old victim of this tragic attack to be out on the rural roadway at the time of the attack upon her.

The State’s Attorney has commended the Whiteside County Sheriff’s Office, the Whiteside County Coroner’s Office and the Illinois State Police for their intensive and professional investigation of the tragic events of that night.

The offenses upon which the Grand Jury returned a “no bill” both require an individual who committed those offenses to have acted “recklessly” and to have consciously disregarded a substantial risk that the circumstances would result in what happened. During the Sheriff’s investigation of this offense some neighbors had reported incidents involving Dersham’s dogs, none claimed to have reported the incidents to either the owner or the authorities.

The “Illinois Animal Control Act” does provide felony penalties for the owner of a dog that has been previously declared “dangerous” or “vicious” by a court, those provisions of the Statute did not apply to this case as there had been no such finding as to Dersham’s dogs.

While Newton Township did have a leach law, there had been no prior complaints of these dogs running at large. The ordinance violation is a civil offense that would be prosecuted by the township attorney.

Both Whiteside County State’s Attorney Gary Spencer and Sheriff Roger Schipper have expressed their desire to work with the General Assembly of the State of Illinois to seek legislation specifically designed to afford criminal penalties for owners of any animal that attacks any person with provocation.

by  Editor, theCity1.com
March 4, 2005