PORTAGE | Delbert "Fred" Hershberger planned to file a motion Monday asking the court to dismiss the trespassing charge he faces after being arrested last month while volunteering at the county animal shelter.

The 64-year-old Valparaiso resident, who is representing himself in the case, claims his arrest is the result of a personal vendetta that Porter County Commissioner Bob Harper has undertaken as a result of Hershberger's criticism over efforts to reduce the number of euthanized animals at the shelter.

Harper could not be reached Monday for comment.

Hershberger made an initial appearance on the trespassing charge Monday before Porter Superior Judge Julia Jent.

He told the judge he plans to represent himself, at least initially, and was told his motion would be heard at a later date.

Hershberger says in the motion that prior to his July 20 arrest, he had voiced concerns over deteriorating conditions at the shelter, including a failure to properly clean the animal pens, animals running loose inside the building and a failure by staff to return animals to their assigned pens.

He said he voiced those concerns by telephone to Harper, who later showed up at the shelter along Ind. 2 and ordered him to leave. Hershberger said he did not leave because that call is up to the shelter director and not Harper. He also feared if he left, the animals would suffer serious harm and/or neglect.

Hershberger said the harassment continued after his arrest when Harper, who works as a defense attorney, sent him a letter offering to represent him in the case.

Harper has said the solicitation was a form letter from his law firm that is automatically mailed out to those arrested.

Jent scheduled a May 21 trial in the case and Hershberger faces up to one year behind bars if convicted on the misdemeanor trespassing offense.