It was an emotional day for the families on both sides of this case.
You could feel the tension in the room when the judge gave his decision.
"My decision in this is this dog needs to be put down, destroyed...it needs to happen as soon as possible."
After hearing testimony from witnesses it didn't take Denison Municipal Judge, Phillip Shaffer, long to order the pit bull to be euphanized.
Investigators say on January 3rd, Shannan Smythe's 2 year old pit bull, Sadie, got loose from her harness and attacked and killed a Chihuahua inside a neighbor's home.
The neighbors say the pit bull was charging their 5 year old girl when the chihuahua jumped in between to protect her.
"I hate to think what would have happened had the dog gotten a hold of the little girl." said Judge Shaffer.
Judge Shaffer wouldn't allow the owner of the pit bull to testify, saying in his twenty years as judge, this is the first time he's ever ordered a dog to be put down.
"I've done everything I've been told to, and she's never gone after a child, she's never done anything and I don't think it's fair." said pit bull owner, Shannan Smythe.
Smythe and his family say they brought video evidence showing their pit bull playing with children, and a petition signed by hundreds of people hoping to give the dog a chance.
"It was very unfair it was one sided, yes she's a pit bull, but she is not a vicious pit bull." said Patricia Reed.
"It was not a fair hearing, I'll tell that to anyone, we will abide by it." Peggy Geesling said.
The chihuahua owners say although the pit bull will be put down, there's no happy ending to this story.
"What if it did attack a kid and it was a kid that died instead of our dog." said Janet Steward.
"It's not a win situation, everybody lost." said Jessica Capshaw.
Judge Shaffer ordered animal control to pick the pit bull up today.
It was scheduled to be euthanized at 2 o'clock this afternoon.
(KXII - Jan 26, 2012)
Earlier:
