- Associated Press - Wednesday, April 26, 2017

CHARLOTTE, Mich. (AP) - The Michigan appeals court has thrown out charges against an Eaton County couple whose dog got under a fence and repeatedly bit a lawn care worker.

Debra Olney and husband Daniel Ridge were charged with owning a dangerous animal that caused serious injury. Roscoe got under the fence in 2015 and attacked a woman who was spraying fertilizer and weed control on a neighbor’s lawn.

The appeals court says prosecutors failed to show that Roscoe had previously attacked a person, a key point necessary to send the owners to trial. The court says Roscoe’s past aggression against a fence and lawn mower tires doesn’t count.

The dog was described as a possible pit bull and Shar-Pei mix. The 3-0 decision was dated Tuesday and released Wednesday.

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This story has been corrected to say the decision was dated Tuesday and released Wednesday.

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