FAYETTEVILLE -- Washington County officials say a pit bull that attacked a 4-year-old boy in April will be euthanized unless its owner wins an appeal in circuit court.

Eric Beal says the dog wasn't involved in the attack and he wants his dog back. Beal filed a lawsuit against the county June 22. Washington County Judge Joseph Wood upheld the Sheriff's Office designating the dog as dangerous.

Fast fact Animal owners have 14 days to appeal an animal being labeled as hazardous, potentially dangerous or dangerous. The county judge hears the appeal and decides whether to reverse the Sheriff’s Office declaration. An animal owner can appeal that decision to circuit court. Source: Washington County

A dog that seriously hurts a person or kills livestock can be labeled dangerous, according to county ordinance. If the Circuit Court agrees with the designation, the dog will be euthanized. No date for a court hearing has been set.

The label comes with a list of restrictions, including it cannot be given away or sold.

Beal's dog, named Aries, is being held alone in a pen at the Washington County Animal Shelter and is "doing fine," County Attorney Brian Lester said in email. The county took the dog because Beal couldn't obtain liability insurance, one of the restrictions required by the ordinance. To get a dog back an owner must also get the animal sterilized and microchipped and keep it in an enclosure, according to the ordinance.

Aries and another pit bull owned by Beal attacked the 4-year-old and seriously injured the boy's face, according to law enforcement. The other dog was euthanized.

The boy's mother, Krista Guess, didn't respond to questions about the boy's condition sent via a social media website Tuesday. The family hadn't filed a civil lawsuit against Beal as of Friday.

Beal's attorney Erin Sudduth said via email Tuesday she doesn't typically answer questions about ongoing litigation.

Beal appealed the Sheriff's Office designation to the county judge as part of the process required before taking the case to circuit court.

About eight people wore T-shirts that said "Save Aries" at the May 11 hearing.

Sudduth said Aries wasn't involved in the attack and should be returned to Beal.

Wood's decision upholding the designation was filed June 20.

Dustin Guess, the father of the boy, told Wood at the hearing he saw both dogs attack his son and thinks Aries will attack again.

"That dog has a death mentality," Guess said. "The next time there will be death, and only death, to stop him."

The Sheriff's Office doesn't routinely label dogs dangerous, according to office records. Two dogs have been designated as dangerous so far this year and none were in 2017, Sheriff's Office spokeswoman Kelly Cantrell said in email Wednesday.

Beal's appeal is the first involving the dangerous animal ordinance, which the Quorum Court adopted in 2016 after two pit bull dogs attacked a bicyclist near Hog Eye. Those dogs were euthanized.

NW News on 06/30/2018