LANCASTER, New York — A lawsuit in Lancaster could reunite a service dog with its owner.
If you remember, a few weeks ago, Christine Townsend with Against All Odds Animal Alliance spoke to Channel 2, advocating for a dog named Bandit to be returned to his owner Joshua Gilley. He's filed a lawsuit to get his dog back.
"I feel strongly that Bandit is being held illegally and should be released, with stipulations of course, not just here you go. Here's Bandit, and business as usual," Townsend says.
However, there are new details Lancaster Village prosecutor Jessica Kulpit highlights in a seven-page response to Gilley's lawsuit saying Bandit viciously attacked a woman who was trying to protect children from the dog who was roaming the neighborhood. We asked Gilley's attorney Matthew Albert, about the new filing.
"We understand that they don't want this dog getting out again. To that end, we're willing to make agreements where there are court-ordered conditions; if the dog was to get loose again, then my client will forfeit his right to his dog. End of story," Albert says.
Images show injuries taken after Bandit attacked the woman. They're evidence in the case. Several of the photos are too graphic to show.
A legal battle to bring a service dog home
"It's alleged physical injury took place, not serious-physical injury. There were no stitches. We've been told by the prosecutor there were no stitches," says Albert.
Prosecutor says Bandit actually pushed the victim through a glass door, causing it to shatter.
"A family member left a garage door open, and Bandit just moseys on out. They say Bandit was walking aggressively toward children. I don't know what it means to walk aggressively. A mother went to grab Bandit and grabbed him by his collar. Grabbing a dog's collar would be the same thing as grabbing a person by the neck," Albert said.
The victim declined to speak with 2 On Your Side, and the prosecutor did not respond to our request for an interview. They're all headed to court this Thursday.