By Charles Keeshan | Daily Herald Staff

A day after a judge tossed out the case over a wording issue, McHenry County prosecutors said Friday they are refiling accusations an Algonquin woman stole a dog waste container placed outside her home by her townhouse association.

The move to reinstate a misdemeanor theft charge against Carrie Fosdale, 46, comes after Judge Charles Weech on Thursday dismissed a previous criminal complaint because it did not allege she stole the receptacle with the intent to permanently deprive its owners of its use.

Assistant McHenry County State’s Attorney Demetri Tsilimigras said Friday a new, reworded complaint was filed.

“The charge was amended and refiled, as any other misdemeanor offense would be,” he said. “As in most misdemeanor cases, we are attempting to resolve this matter pretrial.”

However, Fosdale attorney George Kililis sounded Friday as if he was in no mood to deal.

“This never should have been a criminal case to begin with,” Kililis said. “She removed the container in protest until they (the townhouse association) responded to her complaint. We’re going to win this case at trial, and when it is over there will be a reckoning.”

Fosdale has said she took the waste container last October after association officials did not respond to complaints about its location about 25 feet from her home in the Old Oak Terrace townhouses. The receptacle, she said, gave off a stench and drew flies outside her residence.

“Imagine waking up one hot summer morning and finding a dog (waste) disposal out in front of your home,” Kililis said.

The theft charge against Fosdale is a Class A misdemeanor, punishable by a maximum one year in jail and a $2,500 fine.