WINFIELD TOWNSHIP, Mich. — Charges were dropped against a dog owner after a five-year-old was bitten.
A Michigan Court of Appeals judge ruled there's not enough proof the owner knew the dogs were dangerous before this attack.
FOX 17 first showed you how five-year-old Hunter was recovering a couple of weeks ago.
He is now back home. His mom, Ashley White, says she's shocked and angered by the recent news on the criminal case against the dog owner.
She says she's heartbroken her son now has to live with this, and the owner isn't going to suffer any consequences.
"Our son almost died from it. It was inches away and they just get a walk around. Not have to worry about any charges or jail," White told FOX 17.
Five-year-old Hunter is out of the hospital and back at his Montcalm County home.
"The next surgery he's getting, his mouth is wired shut. So all that hardware needs to come out now," she added.
Michigan State Police say in mid-May Hunter was in his yard when two neighborhood dogs attacked him.
MSP says the dogs were then euthanized.
The owner pleaded not guilty to two counts of serious injuries dealt by a dangerous animal.
FOX 17 has learned that the owner won't face charges because:
"After further investigation and review of applicable case law the following is the current state of the law- The Michigan Court of Appeals has held that this charge is not a strict liability offense; rather, the statute requires proof that the owner knew that his animal was a dangerous animal within the meaning of the dangerous animal statute prior to the incident."
There is no evidence in this case to prove that the defendant knew that his dogs were "dangerous animals" under the statute.
Prosecutors have a duty to protect the rights of both victims and defendants. We could not in good conscience proceed with the criminal prosecution in this case under the current state of the law," in statement the Montcalm County Prosecutor Office sent to FOX 17.
"Everyday been a struggle and watching our son in the hospital for nine days. And this guy's just, you know, living his life, just how he has before and now is scot-free from it unless there's anybody that knows of any incidences with those dogs, that they haven't dangerous or felt threatened by them," White said.
The family is doing what they can to get Hunter back to a normal childhood.
He was out fishing recently.
"We're trying to keep him happy as we can keep his mind off things," she added.
Still, the road to recovery is long.
"He's got a lot of emotional things starting to pop up and beginning to have some type of night tears screaming at night, which is one of our tackles. We're trying to get done," she said.
The family says they still plan to seek a civil case against the owner.
***A GoFundMe has been created to help the family. To donate or learn more information on his condition, click here.***
