Robbinsville – Charges were dismissed in the case of a Robbinsville man whose neighbor called the sheriff about his dog’s loud, frequent barking.
Michael Eddings was scheduled to appear for trial in Graham County District Court on Monday. The District Attorney’s Office chose to dismiss the case rather than continue with the trial, citing the question of whether a dog barking was a criminal matter according to state law.
In preparing for court, the district attorney’s office reviewed the statutes involved, said Quintin Ellison with the DA's office.
"In 2021, the General Assembly passed State Bill 300. This decision decriminalized local ordinances unless local government specifies individual local laws are in fact criminal offenses," she said. "This meant the case could not proceed in state criminal court, because it is not specified as a criminal offense."
Eddings, outside the courthouse following the dismissal, said he will be able to sit on his front porch once again and looks forward to being treated the same as his other neighbors with dogs.
Eddings and his wife, Katlyn, live on Atoah Street and own Leo, a 7-year-old Great Pyrenees who their neighbor, David Hall, called the sheriff about because of the dog’s barking.
Graham County deputies issued two noise violation citations to Eddings, based on a Town of Robbinsville noise ordinance – for the dog’s barking and loud music. Sheriff Jerry Crisp said his office received complaints from more than one of Eddings’ neighbors.
On May 31, Eddings appeared in court with his lawyer for trial, when Assistant District Attorney Caleb Decker offered to drop the charges if the Eddings had their dog’s vocal cords removed. The Eddings declined.
Decker resigned a short time later following controversy over the offer.
The Eddings called Decker’s offer cruel and rejected it.
“If I have a colicky baby, would they ask me to do the same thing with a baby?” Mike Eddings told The Graham Star following the May 31 court appearance.
District Attorney Ashley Welch has not responded to requests for comments about Monday’s dismissal.
There have been no other complaints since the first citations were issued. The Eddings have been keeping their dog inside most of the time.