Feb 25, 2020

Dog attack case turned over to DA's office

Posted Feb 25, 2020 10:30 PM

HUTCHINSON, Kan. — The attack of a Hutchinson woman by a dog on Monday has generated a lot of discussion regarding the arrest of the dog’s owner on suspicion of aggravated battery.

Twenty-one-year-old Ismael Rojas Lopez is free on bond after his arrest in connection with a dog attack involving a 55-year-old woman. The victim suffered serious injuries to both legs after being attacked by the dog in the 400 block of East Avenue A.

The dog was shot and injured by police when it charged at one of the officers and was then taken to the Hutchinson Animal Shelter along with a second dog. Many have expressed the opinion that Rojas Lopez should not have been arrested on those potential charges.

State statute 21-5413 section (b)-(2)-(A) and (B) states aggravated battery is: 
(b) (2) (A) recklessly causing great bodily harm to another person or disfigurement of another person;
(B) recklessly causing bodily harm to another person with a deadly weapon, or in any manner whereby great bodily harm, disfigurement or death can be inflicted.

How that can be interpreted in this particular case is now up to the district attorney as the case has been turned over to the D.A.'s office.

Officials say both dogs were pit bulls and loose at the time of the attack.

Police have not released many other details, but continue to conduct interviews. Formal charges have not been filed against Rojas Lopez at this time.