March 16, 2004
After months of motions and countermotions, the final brief in the appeal of the May 30, 2003, conviction of James Dunnington on two counts of harboring vicious dogs, has been filed, and the decision now rests with Judge Steven Verby.
According to Boundary County Prosecutor Jack Douglas, the case should go before the judge late this spring and a decision should be rendered shortly thereafter.
“The Boundary County Prosecutor’s Office is pleased to report that all of the briefing on the defendant’s appeal has been filed,” Douglas said. “There’s nothing more to do than be patient and wait for the decision from the district judge. This office remains convinced that the jury decision in our favor was just, and we believe the decision will be upheld.”
The case began December 17, 2002, when Denise Dickison was attacked by three pit bulls owned by Dunnington as she was jogging by the Dunnington home in Moravia. She was seriously bitten, and only help from neighbors saved her from worse injury. Before the day ended, another man had been bitten and one of the dogs killed after being hit by a passing vehicle.
Dunnington was tried by jury and found guilty, and he was sentenced to 120 days in jail, 85 days suspended, and ordered to pay a $150 fine, 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. On the final day, Dunnington turned himself in at the Boundary County Jail.
He was released two hours later when Verby continued the stay of execution in the wake of the appeal.
In addition to working the appeal, Douglas has also been working with Boundary County Commissioners to draft legislation to toughen Idaho’s vicious dog laws to allow dangerous dogs that attack people to be put down the first time an attack occurs. That legislation has the support of North Idaho’s congressional delegation and is proceeding through the legislature.