Hot Springs Village – Bad Behavior at DeSoto Dog Park

Bad Behavior at Hot Springs Village Dog Park – And it is NOT the Dogs.

An incident occurred at Hot Springs Village DeSoto Dog Park, where two individuals became involved in a physical altercation over a gate being left open. Because of this incident, people in the community are now concerned about going to the dog park. We want nice things here, but we need to protect those things by acting in a manner that befits us.

I was alarmed to receive the following message from Retired Police Officer Larry Tobias. [Tobias has permitted me to use his name.] Tobias said that he did not witness the incident but arrived at the dog park about an hour after. Several witnesses talked to Tobias:

“Hi Cheryl, Last Sunday [April 28] around 4:30 pm, an assault took place at the dog park (small dog side).”

” A man came in but did not latch the gate, so an elderly female asked him to make sure to latch it. He then began cussing and berating the woman, at which time an elderly man got in between the two in a protective manner, and at which time man #1 assaulted him, striking him with fists and a tennis ball thrower.”

“The police were called and did take a report and witness statements, but no arrest was made.”

“Man #2 was treated at the scene by paramedics.”

“The elderly lady involved (XXX, who owns a chihuahua named XXX) is very concerned and stated she will not visit the dog park unless someone else she knows is already there. Several other dog park regulars are concerned as well.”

“Are you aware of this assault, and can you inquire to see what is being done about this person? Surely, the man who started this incident should be banned from the dog park, and I think he should be criminally charged, at least for disorderly conduct, if not assault.”

“The consensus among dog park regulars is that the POA does not enforce the dog park rules consistently, and now several of the more elderly regulars are afraid to visit the park.”

“Thank you for any assistance you can provide to bring this incident into the open and make sure justice is served.”

“A couple of witnesses thought that the suspect was known by the officer who took the report; hence, no enforcement action was taken. I wonder if the incident was captured on the video cameras at the park.”

Police Chief Bennett’s Response

I reached out to Police Chief Kristi Bennett via telephone, and this is what the Chief had to say:

“We responded to the dog park in reference to two individuals who were involved in a physical altercation. At the time, neither one decided to press charges. But since then, one of the parties has decided they want to press charges. So that is their right and our Detective will follow up with that individual.”

I read Tobias’ message to Chief Bennett, and she responded, “All I can tell you is the incident was captured on camera. There was an incident at the dog park that involved a physical altercation. It had nothing to do with dogs. It was two individuals who apparently had a problem with the situation and decided to take it into violence. And then, due to the individuals at the scene, both parties, not just one, both parties involved and equally at fault, a report was taken.”

“It is up to the parties involved, with a misdemeanor charge, to decide if they want to pursue charges. If a misdemeanor occurs, an officer cannot do anything or make any arrests unless it [happens] in their presence. That is not a Village rule. That is a U.S. Constitutional rule.”

“One of these parties has come forward and decided that they want to press charges. So now the Detective will assist them with that. We do not, as the Agency, press charges. We are not the victim. It is up to the individual who has been ‘misjusticed’ to go forth and file those charges. We assist them with that process – sure.”

“As far as the regulations with the dog park being enforced by Community Support, they do a very good job with that. This was a situation that involved two individuals. It had nothing to do with dogs.”

“Witness statements were taken from individuals. We do have video evidence of the incident. We are assisting the victim in pursuing charges.”

When I asked what happens next, the Chief responded, “Then they go to court. That is, if they follow through. That is the thing. Right now, we just have one party saying they want to follow through with charges. It takes time. They can change their mind at any point and say, ‘I don’t want to mess with that.’ That is what normally happens about 90% of the time. There were no significant injuries or anything.”

“Now, if it was a significant injury, anything that would rise to the level of a felony, then yes, we are more involved as it doesn’t matter what the victim wants to do. We are, therefore, authorized to pursue that felony charge.”

I inquired, “As far as the person’s rights to use the dog park being rescinded, how does this work?”

The Chief said, “How this works is, once our investigation is complete, we turn over everything to Community Support. Then Community Support will most likely address this with both parties since both parties were involved.”

I asked if the Board of Directors would remove someone’s rights [meaning dog park rights] if a felony weren’t proven in court.

Chief Bennett responded, “No, no, no, no. Compliance [Community Support] and law are completely separate. Community Support only enforces the rules and regulations of the Village. We [the Police Department] deal with the law aspect. Obviously the law aspect is heavier than the POA rules, so we want to make sure there is nothing scandalous as far as it comes to any felony. They looked at the video. The [Police] Officer does all of the investigation – ensures all of our bases are covered in the law aspect. Once that is complete, then we forward over to Community Support, the outcome and findings of the investigation.”

“Then they [Community Support] will open up their Rules and Regulation book and decide where to address the violated rules [if any].”

“There are no rules [specifically in the Rules and Regulations] about having a dispute at the dog park. Tom [Benfield] and his crew will investigate to see if any rules have been violated. Yes, maybe their behaviors violate our POA Rules of Conduct for our Public Places, which is the dog park. If they find that there is a situation with that, that they need to go forward and remove Member Services, then they will do that process. But again, it is all a process. It is not just something we take from somebody because somebody thinks we should.”

Chief Bennett offered to talk to Mr. Tobias.

In Conclusion

We all pay dues to be in the most beautiful place on earth. We should cherish it. We should appreciate it.

Recently, the HSV Gazette reported on a road rage incident. Why does it seem like there is so much unnecessary violence and anger in today’s world? Is there a way to bring about more civil and genteel times, or is that just a dream? Please chime in and let us know what you think.

By Cheryl Dowden