June
30, 2003
While saying he found the facts of the case abhorrent, District Judge Steve Verby said he was bound by law to continue a stay of execution as James Dunnington pursues appeal of his conviction for two vicious dog violations.
On December 17, 2002, three of Dunnington’s pit bulls mauled a Moravia woman and later attacked another man. One of the pit bulls was killed that day; the remaining two are now being kept in Bonner County.
After a jury returned guilty verdicts on both counts May 30, and Magistrate Judge Quentin Harden ordered Dunnington to destroy the two surviving pit bulls or begin serving 35 days of a 120-day sentence beginning June 13.
On that day, Dunnington appealed after a juror recanted in a signed affidavit. Harden upheld his decision, and the appeal moved on to district court. When Dunnington hadn’t received a decision on his request for temporary stay at 5 p.m., the deadline set by Harden to provide proof the dogs had been destroyed or to turn himself in at the jail, Dunnington turned himself in.
About two hours later, Verby temporarily granted his request for stay of execution and Dunnington was released from jail.