Prosecutor supports bill in Assembly but says its outcome is similar to his offer to owners of dog that attacked landscaper
By Nick Norlen, Staff Writer
The Princeton municipal prosecutor whose case against Congo led to the order for the German shepherd to be euthanized said Wednesday that he supports the state Assembly bill that would provide alternatives for the euthanization of dogs labeled “vicious.”
”I think that’s probably a very good move,” said the prosecutor, Kim Otis. “I’m always in support of giving judges more discretion.”
However, he noted that the bill’s potential outcome would be very similar to his offer — which he said still stands — of a plea deal to spare the dog, which has been refused by Congo’s owners.
”I think it’s worth mentioning again that not only was that my offer all the way along, but that offer is still on the table at such time that we get a decision from the Superior Court,” he said. “The offer is that if they withdraw their appeals and accept the label of ‘potentially dangerous’ for all those dogs, that I would then go back to court and we would drop the ‘vicious dog’ charge against Congo and the matter would be over.”
But Guy James, who owns Congo with his wife Elizabeth James, has said he won’t stop until all of his dogs are cleared of all charges and labels.
The James family also owns five other German shepherds, four of which were involved in Congo’s attack on 42-year-old landscaper Giovanni Rivera of Hamilton at their Princeton Township property June 5.
Municipal Judge Russell Annich Jr. upheld his decision Nov. 13 to label Congo “vicious” — which mandates a death sentence — and to label the other four dogs “potentially dangerous.”
The James family is appealing that decision to the Superior Court, which has since allowed Congo to be sent home from the Save – A Friend to Homeless Animals shelter, where he was held after the attack, pending the appeals process.
Mr. Otis said the “potentially dangerous” label carries regulations relating to fencing, insurance, and requirements for the family to notify the police if the dog escapes from the property or attacks another person or animal — all items mandated by state statute.
Many of the current statute’s mandates would be changed in “Congo’s Law,” which was introduced on Monday by Assemblyman Neil Cohen (D-Union), who has noted that the bill still needs a co-sponsor in the Senate.
If passed, it would apply to current and pending cases and retroactively to dogs facing euthanasia by court orders back to Jan. 1.
Among other things, the bill provides an alternative for the euthanization of dogs declared “vicious” by allowing their owners to comply with the same precautions mandated for keeping a “potentially dangerous” dog.
It also aims to establish a definition for the term “provoked” regarding the circumstances in which the dog attack took place.
The attorney for the James family, Robert Lytle, has said that his appeal will focus on whether the state met its burden to prove that the dog was not provoked during the attack.
Under the proposed “Congo’s Law,” the court could only declare dogs “vicious” if it finds “beyond a reasonable doubt” that the dog killed a person or caused serious injury or if the dog “poses a continuing or future serious threat of bodily injury.”
State Assemblyman Reed Gusciora (D-15) said Wednesday that he is interested in supporting the legislation, but said that it needs to be refined.
Though Assemblyman Cohen has called the current statute “unfair,” Assemblyman Gusciora said it still addresses some important issues.
In “Congo’s Law,” Assemblyman Gusciora said, it’s “questionable whether you could put down a pit bull that was trained to be vicious.”
He added, “I want to make sure those provisions still remain in place. Certainly we should make a hybrid, where Congo could be permitted to live under restrictive circumstances.”
But Mr. Otis said his deal would allow Congo to do just that.
”That offer is on the table until the day that the judge is going to render his decision,” he said. “Once he renders his decision, it’s over one away or another.”

