Judge rules Burbank dog who bit neighbor will return to owners, won't be euthanized

LOS ANGELES (CNS) -- Although concluding a dog's attack on a woman in Burbank earlier this year was unprovoked and that the animal is vicious, a judge has ordered the dog returned to its owners under specific conditions -- and not euthanized.

Los Angeles Superior Court Judge Alison MacKenzie issued her ruling Tuesday in the petition brought Aug. 21 by Nelson Grande and Sylvia Franco, owners of an 8-year-old pitbull/Labrador mix named Conan, against the city of Burbank.

In July, the city of Burbank deemed Conan dangerous and called for him to be euthanized, prompting the dog's owners to file their petition.

"While the court concludes that Conan is a vicious dog, it does not find that the city has established by a preponderance of the evidence that releasing Conan to Grande and Franco would create a significant threat to the public health, safety and welfare such that Conan should be euthanized," MacKenzie wrote.

The conditions set by MacKenzie for giving back the dog to Grande and Franco include proof of rabies vaccination and licensing; that he be properly designated as a vicious animal; that he only be allowed off the property on a leash and wearing a muzzle; and that he be kept in a secure enclosure or in an outdoor place where Conan cannot escape.

Franco, Grande and the victim of the dog bite, Deborah Drissi, were among the witnesses who testified in the nonjury trial.

Although Franco contended that Drissi provoked the animal's attack, the judge said the evidence proved otherwise. MacKenzie also disagreed with Franco's contention that Conan was protecting him when he attacked Drissi.

The judge said the preponderance of the evidence shows Conan came out of a gate, approached Drissi and then leaped up and bit her on one arm.

Former Los Angeles County Sheriff Alex Villanueva and his wife, Vivian Villanueva, a retired LASD member, spoke on behalf of Conan last week outside of court.