Alleged Dog Killer Is Released From Jail On “Own Recognizance”

MAYVILLE – A man who admitted to hanging his pit bull has been released from jail after Chautauqua County District Attorney Patrick Swanson failed to indict him within a 45-day period, according to Public Defender Ned Barone. 
Robert Overton, Jr., 47, of Jamestown, was arrested and charged with aggravated animal cruelty in April after police said he hanged his pit bull from a tree in the area of Hallock and Palmer Streets. Overton was being held without bail and has been released on his own recognizance.
Overton’s release stems from the state’s Criminal Procedure Law, which states if a person is in custody for 45 days, and they haven’t been indicted, they must be released.
Under Article 190 of the Criminal Procedure Law, a defendant is entitled to release from custody if he has not been indicted within 45 days of his arrest or unless failure to indict was due to defendant’s request.
Overton may still be indicted and brought back in front of a judge in a short period of time. A court date, however, hasn’t been scheduled.
A secretary for District Attorney Patrick Swanson said that he was unavailable for comment before publishing.
This story is still developing, and we will bring you more details as they become available.
WNYNewsNow’s Ryan Hedrick & Matt Hummel contributed to this report. 

6 Comments

  1. This is outrageous. The laws need to change. Kill a dig now kill a person later. When will the legal system.protect the innocent.

  2. DA Swanson said classifies this as a “low level” felony. Apparently he has no sensitivity to animal abuse or the link between animal abuse and additional criminal felonies. GET THIS GUY OUT OF OFFICE

  3. Wow, just wow… how many cases has this DA screwed up now. Do we have a running count going?
    Defendant has literally admitted guilt and he can’t get an indictment together.

  4. This guy is a joke. Totally not capable of doing his job. He has proven this time and time again.

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