A Pima County sheriff's deputy whose retired police dog attacked an 83-year-old man last week, causing the man to lose an arm, will not face criminal charges.
The County Attorney's Office had been asked to consider filing a felony charge against Deputy John Summey. But there was no evidence Summey knew the dog would attack and injure a person without provocation, the definition under the law for assault by a vicious animal, said Deputy County Attorney Kathleen Mayer.
According to authorities, Alexander L. Dufour was taken to University Medical Center April 19 after Bronco, a former patrol and bomb-detecting dog, got out of a Northwest Side back yard and attacked him.
Doctors were forced to amputate Dufour's right arm and he remains hospitalized, said Janette Dufour, his daughter-in-law. She declined to comment on the prosecutor's decision.
Mayer said Dufour was standing in a golf cart trimming trees when Bronco, a Belgian Malinois, apparently smelled something in the golf cart that may have caused him to revert to his days as a police dog.
"He went after the golf cart and started chewing up the upholstery," Mayer said. "The victim, understandably, tried to stop the dog and he used what was readily available."
Dufour tried to chase the dog away with a tree branch, Mayer said.
Summey ran to the scene, tied the dog to a tree and called 911, authorities said.
Bronco, who was 10 or 11 years old, was euthanized later that day.
In making her decision, Mayer said she took into consideration a prior incident, her interviews with investigators and a statement from Dufour.
"The current victim indicated he was not interested in pursuing criminal charges," Mayer said.
Summey had been issued a citation in 2001 for having a biting dog, but Marana City Court records show the charges were later dismissed.
In that case, Mayer said, Bronco was provoked. Bronco wandered into the victim's yard and the resident started kicking at him to get him to leave, Mayer said.
Had Summey been charged and convicted of assault by a vicious animal, he could have received anything from probation up to 18 months in prison, Mayer said.
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