June 28, 2004
First District Judge Steve Verby issued findings June 24 that upheld a jury’s verdict and ordered that the May, 2003, sentence against James S. Dunnington on two counts of harboring vicious dogs be carried out.
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.
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. His appeal pending Dunnington turned himself in at the Boundary County Jail on the final day.
He was released two hours later when Verby continued the stay of execution in the wake of the appeal.
In his 28-page response, Verby upheld the lower court’s decisions on eight matters of appeal, determined that the verdicts were supported by sufficient evidence and that the sentence imposed was not excessive. In addition, Verby upheld the court’s order that Dunnington pay Dickison $923.93 in restitution.