Algonquin dog waste can case dropped again

KRV Legal

September 25, 2009

WOODSTOCK – Theft charges again were dropped Thursday against an Algonquin woman who removed a pet-waste can from near her town house.

Carrie Fosdale, 46, has said she took the dog waste station in October in protest after Old Oak Terrace Home-owners Association representatives installed it. She was charged with theft of less than $300, a misdemeanor punishable by up to a year in jail and a $2,500 fine.

“It’s not our goal to seek a conviction, but to seek justice,” said Demetri Tsilimigras, deputy chief of the criminal division for the McHenry County State’s Attorney’s office. “That does not mean that [Fosdale’s] conduct was appropriate or that she did not use poor judgment.”

Tsilimigras said that in reviewing the facts, it became clear that the state would not be able to prove its case beyond a reasonable doubt.

Specifically, the state would have had a difficult time proving that Fosdale intended to permanently deprive the association of the dog waste can.

“It was our determination that we would not be successful in proving that part,” Tsilimigras said.

The charge against Fosdale previously was dropped this month on a technicality. Tsilimigras said the charges were refiled in part because the defense moved for a speedy trial and prosecutors wanted to have time to evaluate the case before making a final determination on whether it should move forward.

Fosdales’s lawyer said she still was upset over the criminal charges.

“I don’t think she’s ready to feel relieved or satisfied just yet because, at the end of the day, she is the one who had to endure all this nonsense for the last year,” said her attorney, George Kililis.

Although Fosdale does think the right decision was made, she still is annoyed by the association’s actions, he said.

“She feels that she was deliberately targeted and became the butt of a joke in her community and can no longer enjoy her home,” he said.

Kililis said he was hired to first beat the case and to, second, help Fosdale fight back.
They will take the next few weeks to decide what the next step will be, Kililis said.

“We’re not filing anything; we’re not countersuing anyone right now,” he said. “We are going to take some time to think about everything and decide with a cool head.”
• Northwest Herald reporter Brian Slupski contributed to this story.

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