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Baby pepper sprayed in altercation at park
by Lorie Settles/Staff Writer
Nov 13, 2010 | 22270 views | 63 63 comments | 68 68 recommendations | email to a friend | print
MIDDLESBORO — An early morning dog walk led to a confrontation between two dog owners and ended with the tearful sobs of a pepper-sprayed toddler.

The unfortunate incident occurred on Wednesday morning around 8:30 a.m., when Craig Sowby took his dog and 18-month-old son, Ellis, for a walk in Cumberland Gap National Historical Park.

While on the trail, Sowby says, the dog’s leash became entangled, wrapping around him and his son. As he attempted to unravel the leash, the child began to walk away into the woods, off the trail.

Sowby released the dog in order to collect the baby, and the dog ran off. Child in tow, Sowby followed the dog to re-leash him, and saw the animal approach a couple that was walking a dog of their own. The couple has been identified as Gene and Stephanie Wesloh.

“My dog’s running down there, you know, to check out the other dog. And as my dog approaches, the lady picks up her backpack, and grabs out her can of pepper spray and sprays my dog - before he had even done anything, that was like her first reaction,” Sowby recounted.

According to Chief Ranger Dirk Wiley, Mrs. Wesloh stated that the dog growled and “bowed up,” which prompted her to spray the animal.

The dog ran off into the woods, and Sowby confronted the couple.

“I was upset at that,” said Sowby, “and I ran down there and was like ‘why are you spraying my dog?’ The only reason the guy gave was, ‘well, he was off his leash.’”

Sowby said that the woman held the pepper spray, pointed in the direction of him and his son, during the entire conversation.

“I was like, ‘Put the pepper spray down, you’re not going to spray me and you’re not going to spray my baby,’” Sowby stated.

Sowby said that the couple told him to go back to his car and Chief Ranger Dirk Wiley confirmed that the couple did tell the man to retreat. Sowby says that he responded that he needed to find his dog, and that the man retorted “Well, why won’t your dog come when you call him?”

“I said, ‘Well because you just pepper sprayed him, he’s not going to come back down by you now. So let me go get my dog and we’ll go away’,” Sowby reportedly responded.

But Sowby says he was ambivalent about turning his back on the couple, wondering if they may have another weapon. At that point, Mr. Wesloh asked Sowby if he had identification. Sowby responded he had left it in his car, and Mr. Wesloh asked him to go and get it.

“And then I said, ‘Well, should I get my gun while I’m there too?’” Sowby recounted. “They had a weapon in my face, the only thing I had was to try and make them scared somehow.”

Sowby didn’t have a gun. This was confirmed when he allowed rangers to search his car. His threat, however, prompted the man to make a phone call that revealed a fact that Sowby had been unaware of during the ordeal.

On the phone, the man identified himself as an off-duty park ranger.

“I was thinking, ‘You’re a ranger and you’re letting this happen and you didn’t identify yourself?’” Sowby said.

Sowby said that he felt threatened, that the woman seemed “ready to attack” every time he moved or made a gesture. He says that he told the woman “I’m holding a baby, I can’t do anything. I’m holding a baby, put down your mace.”

At that point, Sowby attempted to take the pepper spray from the woman, who responded by releasing pepper spray onto Sowders and his young son.

Chief Ranger Wiley reported that Mrs. Wesloh felt threatened by the man.

“She felt threatened when he advanced on her and wouldn’t follow her orders to back off, and wouldn’t follow the ranger’s orders to stand down and go to the head of the trail. There’s no doubt she was afraid,” Wiley said.

Sowby immediately fled down the trail with his child. Mrs. Wesloh followed, according to Wiley, because she thought that he was going to get the gun that he claimed to have. She then ejected pepper spray a second time onto the man and child.

Wiley says that Mrs. Wesloh “made a point of trying to avoid spraying the baby when she sprayed the second time.”

Sowby took the child to the bathroom at the park’s Visitor’s Center and proceeded to flush his eyes with water. Sowby said that the baby was crying hysterically, and that, having been sprayed as well, he was also suffering.

As he reached the visitor’s center, his dog returned to him and an on-duty ranger arrived in the parking lot. Sowby then contacted his wife who arrived shortly after.

The baby did not receive medical treatment immediately, but the child’s parents did take the baby to the doctor later and reported that no permanent damage had been done.

Sowby was upset by the lack of attention given to the child, saying that the ranger told them that they could take the baby to the emergency room “if they really wanted to.”

Wiley says that he and the child’s mother, whom he says is currently enrolled in medical school, decided that an immediate trip to the hospital wasn’t necessary.

The next three hours, Sowby said, were spent recounting the episode for the rangers’ report.

Both parties filed reports with the park, but no charges have been filed. According to Chief Ranger Wiley, both parties agreed that it would be best not to press charges and added that both would be charged if the matter goes to court.

“At that time,” Sowby said of the meeting, “I felt pressured that if I try to press charges or do anything that I have no case. Which is exactly what the chief ranger said.”

Wiley told the Daily News that although all parties regret that the child was sprayed, he thinks that Mrs. Wesloh’s actions would be deemed “justifiable.”

Sowby says that he isn’t looking to “ruin people’s lives or get revenge,” but that he does believe the public has a right to know what can happen at the park if one’s dog becomes unleashed.

Currently, there are no plans to pursue criminal charges in the matter, though Wiley says that the option is still available.

The Weslohs could not be reached for comment.

Lorie Settles is a staff writer for the Middlesboro Daily News. She may be contacted via e-mail at lsettles@heartlandpublications.com.

Comments
(63)
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myxtra
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November 22, 2010
Weslohs are pressing charges against the Sowbys???????? SERIOUSLY??????????
F-
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November 20, 2010
I can assure you the Department of the Interior has received at least ONE complaint. :)
LawEnforcement
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November 20, 2010
Mr. Dirk Wiley must not be thinking clearly, or he is trying to cover for Mr. and Mrs. Gene Wesloh due to Mr. Wesloh being a Park Ranger himself. Mr. Craig Sowby has the right to file charges, without the fear of charges being brought against him, it appears to me that he is being threaten with charges if he does, and if the Chief Park Ranger Mr. Dirk Wiley has said that both parties would face charges if one files charges then that is wrong. Mr. and Mrs. Gene Wesloh, should be held accountable for there poor, poor judgement. Fist of all Mr. Wesloh was off duty, so he should not be using his position as a Park Ranger to gain any advantage over this dispute. His wife Mrs. Wesloh was wrong, not wrong for spraying the dog, because that would be justified, but very wrong for pointing the pepper spray canister in the direction of Mr. Sowby and his child. Pepper spray is considered a less than lethal, and is used to gain control or prevent bodily harm. Mr. Sowby was wanting to know why they sprayed his dog, and the reason he was given is justified, and would stand in the court of law because Mrs. Wesloh stated dog was heading in their direction in a aggressive manner. However her pointing the pepper spray canister toward Mr. Sowby and his child would not. You don't point pepper spray toward someone because your having a disagreement, especially someone holding a child. That is common sense, if Mr. Sowby would have been justified if he did pull his gun out and ordered her to lower her pepper spray, because she is showing a threat toward Mr. Sowby and his child by pointing pepper spry canister toward them both, of course that is if Mr. Sowby has in his possession concealed weapons permit, but then again I’m writing about if he did have a gun in his possession I understand Mr. Sowby was using sarcasm when he said should I bring my gun back, because he was having a pepper spray canister pointing at him and his child the entire time he was trying to find out why they sprayed his dog. Then for Mr. Wesloh to say turn around and leave because he is a Park Ranger is wrong, he's off duty and last I checked they are paid by our tax dollars. So if I was Mr. Sowby, I think I would contact a very good lawyer, and I would contact the Department of Interior and file a formal complaint against Mr. Dirk Wiley as well as the Mr. Wesloh for the misuse of their position. I would also request for an investigation into this matter from a outside agency because it appears Mr. Wiley and the Cumberland Gap National Park has showed favoritism toward Mr. and Mrs. Gene Wesloh. Why else would they not call for medical assisstant especially when a child has been sprayed by pepper spray. I would say to avoid a paper trail. Here are the facts, Mr. Sowby’s dog got loose, and was pepper sprayed do to the fear of being bitten by Mrs. Wesloh. Mrs. Wesloh then points pepper spray canister in an aggressive manner toward Mr. Sowby and his child then entire time Mr Wesloh is mis-using his position to tell Mr. Sowby to turn around and leave, when he his trying to find out why his dog was sprayed, and finally because Mr. Sowby didn’t do as they told him, Mrs. Wesloh sprays, not only Mr. Sowby, but his child as well. Then the National Park doesn't even call for medical treatment for the child, a bunch of bullcrap! Excuse my language, but even prison inmates get treatment when they are sprayed, and then monitored for a period of time to make sure they have no serious reactions from the pepper spray. I think someone should report this to CNN or Fox News, let this get some international attention. Then see who gets charges brought against them, as well as see who probably will be forced to retire, resign, or be fired. Unbelievable!
nlengyel0001
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November 19, 2010
The fact that her and the off duty ranger were not charged with assult is unbelievable. Her use of force was unreasonable, the law says that before force can be used they have a duty to retreat. Obviously in a park with an off duty ranger she had a reasonable abilty to retreat. As well the threat of bodily harm must be imminent, meaning it has to happen right then and there. No looking at this situation the man had a right to be upset after what happened to the animal and had the right to confront. The fact that she had the man with her and the victim had a child in his arms makes her the aggressor. As stated when he walked up she had the pepper spray in his face. There was no need for this. The force was to much. Even if he had been the aggressor after she sprayed him the first time she had no legal recourse to spray the second time when he was down on the ground. That is the same as shotting someone and them being unable to fight anymore but you shot them a second time. As well fighting words are never enough to respond with violence or physical force. This is a exerpt for a criminal law book:

Under the Comman law, and in some state statutes, a person was not permited to use force if a retreat from an attack was reasonably poossible and safe.

These two people need to be charge and I would say the Chief Ranger should be charged with obstruction of justice for his comments to the man about having no case. He clearly does.
hollywood19691980
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February 16, 2013
I understand how it feels to have your dog pepper sprayed for no reason. I just recently went thru that with the lady that lived above me every time she would go up or down her stairs to bring her dog out she would spray him thru the steps. then after him being sprayed for a week each day she had her son walk the dog not telling him to keep her dog away from mine because he was angry that when he would see the dog he would get sprayed so the boy walked him up on my front porch where my dog was on a chain and my dog grabbed her dog and began to shack it i then called the police again to report her and her spray again when the officer arrived i had him put my dog down because he had tasted blood for the first time and would not let go of her dog i had ha my dog for over 5 years she had her dog 5 months but it was a much older dog i was sorry for what happened to her dog but it was because she had instigated the problem to happen.
deedraanne
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November 16, 2010
Dont let this die friends!! keep pestering bigger networks! this needs justice!! send it everywhere!!

glen beck

fox news

today show

goodmorning america

anderson cooper 360 has a rediculous moment portion of his how.

ellen degenerous

regis & kelly

cnn

msn/nbc

dr. phil

dr. laura

push this story! Baby Ellis needs justice!!!
deedraanne
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November 16, 2010
think before you speak. Im getting tired of reminding people to read the story.... He was not the aggressor. SHE was. SHE got in the dads face. he wanted to simply get by to get the poor dog. She was lloking for a fight. & She would have sprayed him even if he did back off. how do I know this???? BECAUSE SHE DID! she sprayed him a second time while he was running to rinse off his poor babies face. Im certain their are times taht your 5 year old gets tangled in a dogs leash too. its a dog outside. things happen. I feel sorry for Mr. Sowby taht he ran into these people. I used to see Mrs. Crazy on the exercise loop at the park & she would never respond to a hello/good morning/good afternoon not once but would rather give dirty looks. Something is off beat with this woman. shes not stable. if she really felt threatened then her husband would have stepped in. & she would not have chased sowby & baby sowby down! who in their right mind chases a man they are afraid of. Sowby only made the gun comment in an attempt to protect his kid & counter the threat. Diffrence is Sowby did not have a gun & Mrs. wesloh had a weapon--and used it 3 times in a 5 min. period. INSANITY!
1voicentheboro
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November 15, 2010
@ThinkBeforeYouSpeak

Actually to clarify there was an innocent party in occurance... it was a 18 month old child that was sprayed.

Also, its really hard to compare a 4 or 5 year old CHILD to am 18 month old BABY.

Maybe there was wrong on both parties that day, I don't know, but no excuse for spraying a baby.
thisisabsurd
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November 15, 2010
Are you two f#*king serious? In both the Middlesboro Daily News article and the video interview with Mr. Sowby it was made clear that he became tangled in the dogs leash and had to choose holding his child rather than holding onto the dog. It wasn't a control issue with the dog.I would also think anyone who ever owned or loved a dog would understand not wanting to leave your hurt dog to the mercies of such merciless individuals. I also agree with Deedrraane, Who would think someone would really mace a baby? What kind of CRAZY B#T&H would pepperspray a baby? Maybe the Weslohs are on some sort of hallucinogenic drugs. That would explain why a COUPLE(two people),armed with a weapon, would be afraid of one unarmed man with an 18 month old baby. No matter how you cut this pie, both Weslohs and the Park Rangers involved are GUILTY GUILTY GUILTY!!!!!!!!!!!!
just-thinking
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November 15, 2010
Just thinkin...what kind of park ranger lets his wife carry pepper spray, get it out, and spray someone anyway?? Even a dog? My hubby would take up for me, I wouldn't need the pepper spray!!

And people, READ the article before you respond. The dog wasn't off his leash, dad had to drop the leash to rescue his kid. I picture my hubby, my 19 month old, and our Weimeraner...lol...comedy! The leash would be dropped more than once, the kid climbing a tree, both the dog and kid chasing a squirrel...I mean come on, its a PARK!! A place for fun!!

BOO! to the lady with pepper spray.
wellthatslovely
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November 15, 2010
I can see where he says he wanted to leave why did he simply not do so? Why did he have the dog if he could not control it?
ThinkBeforeYouSpeak
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November 15, 2010
There are 3 sides to every story. He/hers and the truth. Since there were no impartial witnesses, the full truth will not be known. However, fact is if the dog had been on leash this would not have happened. Why did the dog have to be let off leash? I have a 4 year old and 5 year old, plus English Mastiffs (180lbs-220lbs). My 5 year old is able (under supervision) to walk them. If we can keep in check 400lbs of dogs and two toddlers why could he not control his?? I also do not believe that we are getting the full dialogue from either party. It takes two to fight no one walked away and no one was innocent. Just because he was holding a toddler does not make him Bill Cosby. How was she to know his character? He did not know them and obviously say the mace in hand why did he not back down to protect his child and if either really felt threatened why did they not call the cops sooner? In my humble opinion all parties were bullies, the only innocent one was the toddler. As far as the dog getting maced. If you are in a public area your dog needs to be leashed PERIOD, if a stray comes up to me, and I have mace and feel the least bit threatened, I am going to use it on the dog. Also, he should not have threatened them by saying he had a gun in his car...ect. No where in the article does it state. that he said I am sorry if my dog scared you, he is harmless however, and did not deserve to be maced , I feel like this is animal abuse and I may call the authorities, or let me gather my dog and leave. He says if you have mace I have a gun.....Am I related to anyone, no, work with them, no. Am I commentating on personal character no. I am just expressing that BOTH parties are at fault.
pamt
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November 15, 2010
I think charges should be presses against this woman. If it were anyone else (as in not the wife of park ranger), you can be assured charges would have been pressed. I too, would like to know what kind of dog it was, big, small, what? I would be very upset if someone pepper sprayed my dog, I cannot imagine someone doing to an 18 month old child! This woman should be in jail!

What was her husband doing during this? Scratching his a$$, I mean really.
Cham101
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November 15, 2010
Dear nice people of Middlesboro:

I applaud your efforts in trying to get to the bottom of this situation with the park ranger and his aggressive wife. I live near another National Park in Baltimore, MD and have witnessed several acts of aggressive park service law enforcement by our park rangers here. I have been in communication about this for 8 months with my elected congressional representatives in my state who seem concerned as well . This may not be an isolated incident and I am extremely disheartened with the current mindset and demeanor of the park service law enforcement. They seem to believe the law doesn't apply to them. Please be vigilant and keep an eye on the Cumberland Gap LEOs. This may get worse before it gets any better. Thank you.
deedraanne
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November 15, 2010
also...the middlesboro herald ran a story just a bit ago about this couple hosting a german exchange student. turns out they cooked him out of their home onto the tsreets just 1 month into his 10 month stya with them. sounds like these people are losing friends world wide.
deedraanne
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November 15, 2010
civil servant, all great questions. you can see the dog E.Q. at http://www.lex18.com/news/man-and-baby-sprayed-with-pepper-spray-in-park/page/9 the man nor dog look very intimidating to me. he kooks like a loving dad trying to protect his kid. he couldnt get by Mrs. Mace Sprayer because she was holding him at mace-point. & i believe this story even states that anytime he moved she was ready for action. Im certain he was not going to plow through her with baby in hand. I just think this is a papa bear doing what his instincts told him to help protect his son. he could have walked away yes, but A)who really thinks a woman would mace somneone holding a baby...not just 1 time...but TWO times! & B) when he did leave she chased him..CHASED him & his baby down the trail & sprayed again. CRAZY! if she truly felt threatened by the man & dog why the heck would she chase thrm??? she wouldnt. she was picking a fight!! had the dog or mr. sowby really been threat her husband would have stepped up.

as far as the mace goes. it was a close proximity spray. the stream hit the baby sytraight in his face.

watch the link ^ read the associated presses take on the tale--its a lot less small town biased & clarifies things with a voice.
MrsLake
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November 15, 2010
This is crazy that a woman would pepper spray a small child and get away with it. She clearly had no reason to be scared. She was with her husband who is a park ranger and she masses a dog and man and child ... If she is that scared of dogs and people then maybe she shouldn't be out walking in the park. I think that something should have been done about this. This woman clearly needs help and to be punished for her actions there was no reason for this couple to be threatened in the first place. But people will always be stupid and do stupid things and get away with it.
CivilServant
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November 14, 2010
Civil Servant

A few years ago I was one of several people in a large crowded room when a woman spotted a key chain on the floor, picked it up, saw a strange doodad attached and tried to figure out what it was. People started hollering and moving toward the door when “it” turned out to be pepper spray. I was about twenty feet away from the sprayer and thought I couldn’t be affected, but suddenly I couldn’t breathe. That’s scary. I put my hand over my nose and mouth and hurried toward the door so that I could take in air. It was at least five or ten minutes before the air cleared enough to re-enter the room.

The fact that this current incident happened outside no doubt caused the spray to dissipate quickly and helped the child breathe quicker than it might have. I hope the baby has fully recovered.

Some further information here would’ve been helpful, not to the ultimate result, of course, but to enlarge the picture a bit for the reader.

Were these dogs small or large? Pekingese or wolfhound? German shepherd or poodle? A little dog will almost always “bow up,” which makes most of us want to lean down and pat it on the head, not attack it. I’ve never been instantly afraid of dogs, but I approach some a little more cautiously than others. Dogs can sense fear.

Another thing that’s curious is how the off-duty park ranger and his wife kept dad and his baby from cutting around them to find his dog. Was the trail so narrow at that point that it wouldn’t accommodate three people? Was the terrain so steep that he couldn’t cut through the woods and look for the dog? Just what was the situation here that kept dad from just ignoring the man and woman and walking away?

Is a moving van going to be seen at Ambleside soon?

Rick_Smith
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November 14, 2010
If this is the same couple that I saw when I was at the park in September or October, oh yeah. We saw a off duty park ranger and his wife that was pushing their weight around and being a problem for the campers while there.

I recommend good legal advice to stop this couple from terrorizing other people trying to enjoy the park and it might improve the parks image, I have seen a high number of complaints from several people I have talked to while I was there.
jz555
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November 14, 2010
The point is if they lady was really afraid she would noy have chased the man to his car. That's the sad reality.

Even if I had been fearfull of the man I would have had heart for the child.

I think their entire handling of this situation is appalling. I would seek counsel!
FLA
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November 14, 2010
This is crazy...the way the story reads, clearly the park rangers present were trying to cover this up. How does an innocent person holding their BABY child get maced in the park..twice...and no one is charged or held accountable.

I guess I missed the part when 911 was called to make sure the maced baby had proper medical attention!

If this did not involve a park ranger and his wife, my guess is someone would be held accountable here...I believe this man should explore his legal options; this should not go unaddressed!
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