Owner agrees to plea deal in dog attack
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The dog that attacked St. Ignatius Police Chief Jeffrey Ferguson in March has been shipped out of state after its owner Jeremy Samsel agreed to a plea bargain last week, according to St. Ignatius City Attorney James Lapotka.
The terms of the agreement tie up some, but not all loose ends caused by the attack that left Ferguson unable to work for approximately 10 weeks.
“The dog is not allowed to be in town ever again, ever,” Lapotka said. “The dog has been adjudicated a vicious dog. (Samsel) is not allowed to have dogs in town ‘til this fall at least. If and when he does get dogs he will have to comply with all the dog laws. He can’t have that dog in particular. That dog has been handed over to a responsible party out of state.”
Lapotka said that under the plea agreement Samsel will have to pay for the town’s court costs, plus an unspecified amount of Ferguson’s medical bills. Samsel was also ordered to pay restitution for Ferguson’s uniform that was damaged in the attack and the cost of boarding the dangerous dog when it was under quarantine. Lapotka said he is reasonably certain that Samsel will pay restitution, but Lapotka also suggested that the town have a contingency plan to reimburse the veterinarian who was ordered to hold the dog if Samsel doesn’t pay. The vet bill totaled more than $600.
Ferguson’s injuries are still being evaluated by doctors to determine the full extent of the damage that was done primarily to his left leg and arm. He returned to light duties on May 2.
The extent of what Ferguson can and can’t do while on light duty sparked a debate among the St. Ignatius Town Council at a May 6 meeting.
Councilmember Roger Lemon said he was concerned that Ferguson had responded to a stabbing that occurred before dawn on May 3, just hours after he was released to light duty.
Ferguson said that he arrived at the scene in the department’s patrol car to make sure no one entered or exited the building – a critical part of proving the crime scene wasn’t contaminated in court. Ferguson said he sat outside of the building while the city’s part-time officer worked the scene until backup arrived. He then left.
Lemon said he had been told of a similar situation where there were legal ramifications because a Ronan Police officer conducted a traffic stop while on light duty.
“You can’t be in a patrol car when you are on light duty,” Lemon said. “You can’t carry a badge or a gun. People assume you are on full duty … You can’t do any of that stuff.”
Lapotka disagreed.
“It’s not that black and white,” Lapotka said.
Councilmember Ray Frey suggested Ferguson not get in the patrol car until Lapotka could find out if it was acceptable to be performed by someone cleared for only “light duty.” Other councilmembers agreed.
“He represents the town when he’s in the car,” Councilmember Annie Morigeau said.
That comment drew the ire of Ferguson’s wife, Vanessa Ferguson.
“He represents the town every time he’s in public,” Vanessa Ferguson said. “Every time he goes to the grocery store, they know he’s there so they stop and talk to him for an hour … They all know he’s the cop. They all come to him with complaints. That’s why we had to move. They came to my house to file police complaints.”
In an interview later in the week Jeffrey Ferguson said it had been determined that he was not in the wrong in sitting outside the house to make sure the scene of the stabbing was not contaminated.
The disagreement about Jeffrey Ferguson’s duty status was the second to occur within the town’s administration because of fallout from the dog attack. In a 3-1 vote the council voted to not offer reimbursement for the chief’s uniform that was destroyed in the attack. The councilmembers opposed to reimbursement argued that Jeffrey Ferguson received a clothing stipend that should cover the costs.
On Monday the Lake County Sheriff Deputies’ Association, which consists of 22 sheriff’s deputies, presented Ferguson with a check for $150 to cover the cost of the uniform.
“We figured it was done in the line of duty and we wanted to help him out,” Lake County Detective Kim Leibenguth said. “The association is always giving back and taking care of each other. It doesn’t matter if you are a county, a city, or a highway patrol officer… He’s one of our brothers. It doesn’t matter what uniform he wears.”
