Oct 23, 2024
COLUMBUS, Ohio (WCMH) – A mother and her son facing involuntary manslaughter charges after their dogs allegedly killed an elderly woman were ordered to remove the animals by their homeowners association, and did not comply with a court order as recently as five weeks ago. According to court documents, Susan and Adam Withers received as many as seven warnings from their HOA, or lawyers representing The Reserve at Ashton Village, in Ashville. The Withers, owners of two pit bull terriers on Kildow Court, began receiving notices as early as Sept. 8, 2020, when a letter asked them to leash their dogs at all times. Additional letters regarding the leashing of dogs went out to the Withers in 2021 on April 14, May 17, and June 24. The letter in May included a complaint that one of the dogs bit another resident. Company shutting down central Ohio warehouse, laying off over 150 workers On March 14, 2022, a letter was sent after an alleged altercation between the two dogs, who broke free from the Withers and attacked two other dogs. That letter warned that should another incident occur, the association “has the right to deny your right to maintain the dog(s) in your home.” Susan Withers next received a letter in November 2023 after the dogs reportedly killed another dog within the community. Attorneys representing the Condominium Association stated she was no longer permitted to keep the dogs at her residence on Kildow Court. Withers-Civil-ComplaintDownload The letter said “due to your failure to comply” with keeping the dogs on a leash and under immediate control of a handler while outside, “the right to maintain the dogs has been terminated. Specifically, the pit bull mixes must be removed…. effective immediately.” The Withers were given 14 days to comply. In January 2024, a second letter was sent in response to an email appeal by a resident at the Kildow Court home. The person who wrote the appeal email said the dogs were “emotional support animals,” that the dogs were provoked in prior documented incidents, and that the owner of the dog that was allegedly killed by the two pit bulls, “killed her own dog by squeezing him so tight, breaking his rib cage, collapsing his lung, and by causing the altercation when she dropped or even threw him on” Apollo. Attorneys for the HOA denied the appeal and again ordered the dogs be removed within a 14-day period. “It has become clear that you are either unable or unwilling to keep the two dogs at issue under control,” the HOA said. Withers-Civil-DecisionDownload The HOA sued the Withers in Pickaway County Court of Common Pleas and on Sept. 11, a judge ordered the removal of both dogs from the Kildow Court home, "immediately and permanently." Nearly five weeks later, on Oct. 17, JoAnn Echelbarger was reportedly attacked and killed by the dogs on Kildow Court while she was tending to her flower bed. Ashville police arrived at Echelbarger’s home, where an officer shot and killed one dog that reportedly became aggressive towards him. The other dog ran away from the scene. The second dog allegedly attacked and killed another dog near Teays Valley East Middle School, before being located by deputies with the Pickaway County Sheriff’s Office. The owner of the dog that was killed was reportedly able to escape. A deputy reported that he ran over the dog, which was in the vicinity of a park and another residence, which included a dog outside in the yard. The deputy shot and killed the dog before it could attack anyone else, according to the Ashville Police Department A 911-caller told the operator that she was witnessing one dog attack a man and his dog before the other got loose and approached her but did not attack her. She also reported that she and other neighbors have had trouble with the dogs before, and that the dog warden and local police have been aware of other incidents. “It’s been a few years we’ve been fighting with these dogs, and nobody’s done anything until now of course, it killed somebody.” resident Connie Reed said. Adam Withers, 35, has previously been charged with owning a dangerous dog twice, facing two counts in May 2024 and one count in Dec. 2023. He was also charged with owning an unconfined dog in Oct. 2023. The dangerous dog charges were dismissed in court, with prosecutors citing insufficient evidence, while the defendant paid a fine for the unconfined dog charge and waived his right to a trial. Susan Withers, 61, had no prior charges related to dog ownership. A Pickaway County Deputy said a dog aggressively approached him before he shot and killed it. The dog was one of two that reportedly attacked and killed a woman in Ashville, Ohio, Oct. 17, 2024. (Courtesy Photo/Pickaway County Sheriff's Office) Body camera video from the Pickaway County Sheriff’s Office showed deputies talking with an Ashville officer, citing the dogs were supposed to have been removed by the Pickaway County Dog Warden. He also said the dogs came after him when he opened his door. “This one was deemed dangerous about three months ago from your guys’ warden,” the officer said in the video. On Monday, a Circleville Municipal Court judge issued each suspect a $500,000 bond, and both bonds were upheld Tuesday during their respective arraignment hearings and are next scheduled to appear in court late next week on charges of involuntary manslaughter and failure to restrain a vicious dog. Neither are allowed to have any contact with the victim’s family or to have any custody or control over dogs.
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