January 21, 2004
More than a year after Denise Dickison and Mike Hubbell were attacked by three pit bulls on a December morning in Moravia, the case against James Dunnington, the owner of the dogs, continues to move forward.
On December 24, Boundary County Prosecutor Jack Douglas filed a 34-page brief in response to a six-point appeal filed by the defendant following his May 30, 2003, conviction on two counts of harboring vicious dogs, a misdemeanor.
In the wake of the attacks, there was public outcry that the dogs be euthanized, but under state law, there was nothing the prosecutor, the sheriff or the judge could do to force the dogs to be destroyed; Idaho Code is specific in granting the court that authority only on a second offence.
While the case has seemingly dragged on, Douglas assures that justice delayed is not justice denied.
“Under Idaho law, defendants have an absolute right to appeal their convictions and sentences,” he said. “The appeals process is not quick; it’s an unfortunate fact of life that appeals take months and in some cases years.”
Douglas expects the case to be placed in the hands of District Judge Steve Verby this spring, and said he feels a decision is likely by mid-summer. He said he is confident the conviction and sentence will be sustained, and encouraged the public to continue to have patience.
“We are sworn to obey the laws of the state of Idaho,” he said, “and the laws of our state only allow the dogs to be put down on a second or subsequent violation, which did not happen here. This case was well investigated, well prepared and well tried. Provided we win the appeal, James Dunnington will have the opportunity to either serve 35 days in jail or put the dogs down voluntarily. No matter what, we are committed to seeing this case to the end, and it’s my hope that Mr. Dunnington will agree that the safety of his neighbors is more important than his or his family’s love for their pit bulls.”
On May 30, a Boundary County jury found that three pit bulls owned by Dunnington got loose December 17, 2003, and went on an hours-long rampage that began shortly before 9 a.m. as Dickison, on the return leg of her morning run. As she passed in front of the Dunnington residence, the dogs attacked. Dickison fought, screamed and cried for help, struggling down the road for over 330 feet as the dogs bit and tried to drag her down for the kill. Moments earlier, Dickison had slowed to walk with neighbor Ginny Napier before resuming her jog, and Napier saw the attack and flagged down Rudy Byler, who was driving by. Despite being unarmed, he drove his pickup up to the melee and confronted the dogs. Napier joined in, and together they held the dogs back and dragged Dickison to the safety of the truck.
As Byler sped toward the hospital, the dogs took up chase, following the truck several hundred yards. Shortly after 9 a.m., another area resident, Mike Hubbell, approached the scene after hearing the attack and Dickison’s screams for help. The dogs, returning after their chase of Byler’s truck, confronted him, but he was able to fend them off with rocks and sticks and make his escape. He returned to visit a neighbor about two hours later, and the dogs were still loose. They attacked him as he was walking up to his neighbor’s home and forced him to retreat back to his truck, biting at his heels every step of the way.
Later, one of the three dogs was found dead, apparently hit by a passing vehicle.
After his conviction, Dunnington was sentenced to 120 days in jail with 85 days suspended, and ordered to pay $150 in fines, court costs and restitution. Judge Quentin Harden stayed the jail term for two weeks, giving Dunnington the opportunity to have the surviving dogs euthanized rather than face jail. At 5 p.m. June 13, 2003, Dunnington turned himself into jail after having filed an appeal earlier that afternoon.
Two hours later, District Judge Steve Verby, saying he found the facts of the case abhorrent but had no choice under the law, signed to continue the stay of execution to allow the appeals process to proceed.
Even as the case grinds forward, Douglas and County Commissioners are working behind the scene to change the law.
“This case highlights the need to reform this law,” Douglas, who is working with Second Chance Animal Adoption on their upcoming “Canine Capers” dog walk, said. “Like many people, I like dogs, but some are dangerous, and no person in the community should be harmed, mauled or even killed by a dog that is obviously a serious threat.”