MAYVILLE — A Jamestown man accused of hanging his pit bull from a tree late last year was released on his own recognizance Tuesday.

Robert Overton, 47, was released from the Chautauqua County Jail after a ruling from County Court Judge David Foley. The announcement comes more than a month after the Jamestown man was charged with aggravated cruelty to an animal, a felony.

Overton’s dog was found in early April decomposing in a wooded area near Hallock and Palmer streets in Jamestown. An investigation determined the pit bull was likely alive when it was hanged from the tree.

The discovery led to widespread outrage from the community and elected officials. The dog’s death was the catalyst for a county local law establishing an animal abuse registry.

Overton is being represented by Chautauqua County Public Defender Ned Barone, who confirmed Tuesday that his client was ROR’d from jail. Barone said the release was because Overton had not been indicted in the 45-day window since the charge was announced as required by state law.

Even with the release, Barone said that doesn’t necessarily mean the felony charge has been dropped against Overton. He said a grand jury could still hand up an indictment if presented the case.

“If he is indicted, then he will come back in front of Judge Foley for an arraignment in County Court,” Barone said, noting that the indictment could come as soon as today.

Chautauqua County District Attorney Patrick Swanson declined to speak directly regarding the lack of an indictment for Overton. However, he said the case is still ongoing.

“From time to time, factors outside anyone’s control prevent a matter (from) getting to the grand jury within the 45 days when someone is in custody,” Swanson told The Post-Journal. “The case will be moving forward as soon as possible.”

Under New York law, aggravated cruelty to an animal occurs when a person intentionally kills or causes serious physical injury to a companion animal.