No charges filed against CC animal control officer

A special prosecutor appointed in a criminal investigation stemming from the fatal shooting of a dog by a Charles City County animal control officer is declining to bring charges citing lack of evidence.

The decision by Matthew Kite, commonwealth’s attorney for King William County, surfaced in a Dec. 28 press release issued by the Virginia State Police.

At issue is a Nov. 1 incident in which the animal control officer, Frank Bates, shot and killed an 18-month-old golden Labrador retriever named Axel.

Public furor erupted over the shooting with social media deluged by comments demanding the county fire Bates. But others came to Bates’ support, and matters reached a boiling point during the Nov. 27 Board of Supervisors meeting when over 200 county residents voiced pro and con.

Since Bates is a county employee, Charles City’s Sheriff’s Office called in the state police to investigate. State police, according to the Dec. 28 press release, “interviewed independent witnesses.”

According to findings released by the state police, Bates responded to the 14000 block of The Glebe Lane after receiving a complaint of an aggressive canine. The complainant, identified in Bates’ report as Gail Chanity, said that her 17 year-old son was pursued by Axel after getting off a school bus that afternoon. As Bates arrived at Chanity’s residence to investigate, he was confronted by the aggressive canine.

As Bates attempted to get the dog to leave, the state police say, he turned away from the canine to continue his investigation when the dog came at the officer in an aggressive manner. Bates, in order to protect himself while in the performance of his duties, shot the canine once. The dog died at the scene.

After conducting the investigation, state police contacted Charles City commonwealth’s attorney Rob Tyler who requested that Kite be appointed as a special prosecutor to review the case.

Axel’s owner, Sharon McGeein, voiced anger over the Kite’s decision as announced in the state police press release.

“That report is inaccurate,” she said emphatically, referencing the number of times she said her dog was shot.

“You can read the animal control officer’s report and see what really happened,” she said. “I just can’t see how they couldn’t find enough evidence to prosecute this man.”

With the criminal investigation closed, McGeein said she is looking into lodging a civil suit against Bates and Charles City County, suing for destruction of property along with unlawful search and seizure.

“[Bates] clearly violated the law,” she concluded.

Bates, after being on administrative leave, has resumed duties with the animal control office in Charles City.

“He returned to his post on Dec. 24,” said county administrator Zach Trogdon, adding that he is continuing to monitor Bates’ duties and actions from the incident.

“Even with the state police investigation concluded, we are looking internally to make sure Mr. Bates, as well as other departments, are performing duties and taking the proper steps in executing them professionally,” said Trogdon. “We are also making sure that standard operating procedures are being followed.”