WAYNE – A neighbor of the man who shot a dog to death in Wayne Aug. 10 made a sworn statement alleging that he made threats to shoot and kill the dog a month earlier.

“He threatened the dogs in front of me and my children,” Caitlin Ballard said of the shooter, Hal Phipps, husband of Wayne Village President Elaine Phipps.

“He advised me that he intended to shoot and kill the dogs belonging to Joe Petit if they were ever on his property,” according to the affidavit, dated Aug. 23.

The Kane County Chronicle has a copy of the affidavit. The name is redacted, but Ballard confirmed that it is her sworn statement.

Petit said the affidavit was given to the Kane County State’s Attorney.

When contacted last month, Elaine Phipps did not respond to messages left at Village Hall and Hal Phipps had said no comment. Phipps did not answer his phone, nor respond to a text message seeking comment about Ballard’s affidavit.

It’s a new wrinkle in an already highly-charged situation in which the public is taking sides for the dog, with a “Justice for Ludwig” Facebook page and yard signs.

Phipps did shoot and kill his neighbor Petit’s dog, Ludwig, on Aug. 10, according to a news release from Kane County State’s Attorney Jamie Mosser.

In it, Mosser stated she is reviewing the findings of an investigation by the Sheriff’s Office and will announce whether charges are appropriate. Because the spouse of a village official was involved, the Kane County Sheriff’s Office handled the investigation.

Petit said his dog was playing in the water chasing sticks when it was shot, while Phipps told deputies that both of Petit’s dogs were on his property, behaving aggressively toward him, according to Mosser’s news release.

On June 29, Phipps had alleged Petit’s dogs – Dogo Argentinos, a large breed weighing about 100 pounds – had attacked and bitten him in his yard. Petit was issued tickets for dogs running at large, and Phipps went to the hospital, according to Wayne police reports.

Ballard, who also lives on Pearson Drive in Wayne, said Petit came over to ask how her dog was. She has a 40-pound springer spaniel named Lily that regularly played with Petit’s dogs.

“The police told Joe that I was at an emergency vet with my dog. He came over to check on my dog and her wellbeing and I was confused because nothing happened to my dog,” Ballard said.

Ballard said she, her daughters and dog had not been at home all day.

Then Phipps came to her house later, when he returned from the hospital at about 6 p.m., she said.

“He told me he was being a friendly neighbor and warning me about how vicious these dogs are,” Ballard said. “I told him, no, my kids and I and our dog play with these dogs.”

Phipps seemed to think that Lily had been attacked by Petit’s dogs that same day.

“He told the police that his (Petit’s) dogs were first at my house attacking my dog and then came over to attack him,” Ballard said.

Ballard told him they had been away all day and her dog had not been attacked.

Ballard said she is wondering why the Wayne police report about the dogs biting Phipps does not include any of the information that her dog was supposedly attacked the same day by the same dogs.

“I was told by both parties (Phipps and Petit) that my dog was attacked,” Ballard said. “The police knew that. … Why was it left out of the report?”

Wayne Police Chief John Neydenoff said when officers first responded to the report of a dog bite, Phipps pointed east to the direction of Ballard’s house and said that’s where Petit’s dogs ran.

“The officer knocked on the door and left a business card there,” Neydenoff said. “If something did happen, there would be a call. That was not the case.”

Neydenoff said the officer also went to the Ballard home to see if there was another witness to interview.

Ballard said she never saw a business card from the officer.

As to why those details about Ballard’s dog were not included in the police report, Neydenoff said after speaking with the officer, that he did not include it because he did not think it was relevant.

“I am very shocked that she wouldn’t contact the police about that,” Neydenoff said regarding Ballard’s claim that Phipps made threats against Petit’s dogs. “I would think that would be important. If that was said, she should file that report with Kane County.”

Ballard said if Wayne police thought her dog had been attacked, it was their job to follow up with her.

As to why she didn’t tell police about Phipps’ comments at the time, Ballard said she regrets that now, in light of Ludwig’s death.

“I was hoping that when he said that, he was just very angry, talking out of anger and angry with me for my view on the dogs being friendly,” Ballard said of Phipps. “And with Joe’s dogs being quarantined (following the bite report) I thought nothing would happen. I guess I was wrong in that situation. I feel guilty and truly saddened that it resulted in the death of a dog.”