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Death row dog draws supporters

Prosecutor says family could have saved Congo by taking plea deal

By Nick Norlen, Staff Writer
   The owners of Congo, the dog facing euthanization as a result of its attack on a landscaper in Princeton Township, have received an outpouring of support from those who want to see the pet spared, but the prosecutor in the case said the sentence could have been avoided if the family had accepted a plea deal before the case went to trial.
   For now, the dog’s fate is temporarily safe due to an automatic stay applied because the owners have filed the necessary documentation for an appeal.
   Prosecutor Kim Otis said Thursday that the owners, Guy and Elizabeth James, refused his offer not to pursue the “vicious” label — which results in death, according to state law — if they agreed to label the dog “potentially dangerous.”
   The family’s other four German shepherds, which were also on the property that day, received that label, which comes with a $700 annual licensing fee and certain requirements about the dogs’ containment.
   Meanwhile, Congo remains at the SAVE shelter in Princeton, as required by statute, Mr. Otis said.
   ”Congo would be at home right now, and would have been since the beginning, if they had agreed to my offer, which was on the table since all along,” he said. “They are claiming that this has been hoisted upon them, but that’s not what the facts show at all.”
   Though he could not be reached for comment on the plea deal Thursday, Mr. James said this week that the family is “going to make sure we do everything we can to make sure Congo doesn’t die.”
   While that effort will include the appeal to the Superior Court, Mr. James said he hopes Judge Russel Annich Jr. listens to supporters’ pleas to spare the dog, including those written by his 11-year-old daughter Hannah and his 8-year-old son Ben, two of the family’s four children.
   Mr. James said his family has received more than 1,000 emails from people in support of Congo, including many individuals who have come in contact with the dog and describe it as friendly and harmless.
   One supporter even reported that news of the decision had reached recording artist Fiona Apple, who in turn contacted People for the Ethical Treatment of Animals, an animal rights organization.
   Judge Annich labeled the dog “vicious” in an written opinion issued Oct. 30, a sentence stemming from the dog’s attack on a landscaper, Giovanni Rivera, 42, of Trenton, at the James’ Stuart Lane home June 5.
   After the attack, Mr. Rivera underwent three hours of surgery after suffering deep wounds, including bites to the head, according to an attorney in the firm representing him at the time.
   Robert Lytle, the attorney for Ms. and Mr. James, said his clients plan to appeal the ruling because of “overwhelming” evidence that the attack was provoked, “albeit unintentionally.”
   Accounts of the incident from all parties note that the landscapers arrived to the property early that day and were asked to wait in the car, where they stayed for approximately 15 minutes before then entering the yard.
   Both sides also agree that Mr. Rivera was attacked by Congo only after hiding behind Ms. James and unintentionally pulling her to the ground — which was cited as provocation by an expert witness during the case, and will be part of the basis for an appeal, according to Mr. James.
   But Mr. Otis said the James’ have “changed their story” since the Judge issued his written opinion.
   Since then, Mr. James has said that one of the landscapers attempted to keep the dogs at bay by hitting them with a rake, leaving wounds on some of the dogs snouts.
   But Mr. Otis said that Ms. James said during the trial that the rake was simply used to “shoo” the dogs away, and that Animal Control Officer found no cuts on the dogs immediately after the incident.
   But Mr. James said “the bottom line is this was a provoked attack.”
   While Mr. Otis admitted that may be a “close” legal question, he said the basis of the law is that dog owners should be able to control their pets.
   ”That is going to be heard on appeal,” he said. “Perhaps appellate judges will see it differently.”
   Judge Annich is scheduled to formally enter the sentence Tuesday at the Township Court, where members of the recently assembled Save Congo Coalition will be present for a rally to protest the decision.
   Mr. Otis declined to speculate whether such support would have an impact on Judge Annich’s ruling.
   ”If it did, it would be awfully unusual,” he said.
   But Mr. James said he hopes the matter can be settled even before the appeal.
   ”It’s bad the way the whole thing is happening,” he said.