Late Monday afternoon, the attorney for Charlie's owner obtained a federal restraining order preventing the dog from being euthanized.
The move came as the city has proposed another deal to spare the dog's life.
Charlie is a Staffordshire terrier, more commonly known as a pit bull. Last August at San Francisco's Crissy Field, Charlie attacked Stoney, a U.S. Park police horse.
He chased Stoney for more than a mile and a half, tearing gashes into the horse's legs.
"It's been portrayed of being afraid of the horse and being sort of typical dog behaviors, said San Francisco Animal Care & Control Director Rebecca Katz. Based on what we know of the incident, it's not typical to pursue a horse that you're afraid of for a mile and a half."
Charlie is being held by San Francisco Animal Control and has been facing death for months. His owner David Gizzarelli mounted an online campaign to raise public support for the dog.
"I saw the wounds but I'm not sure how they occurred, said Gizzarelli during a phone interview with KTVU. During that scuffle is that there were a lot of things that happened that were just like a combination of bad things that were bound to occur."
On the Monday deadline for Gizzarelli to formally surrender the dog, the city attorney's office said it would stay Charlie's death sentence and try to transfer him to a rescue or pet sanctuary.
"We're looking at that option, but we can't do anything unless he surrenders the dog. Charlie is still his property," said Katz.
Documents obtained by KTVU indicate Charlie was diagnosed with severe predatory behavior in an examination done by an independent veterinary behaviorist after the attack.
Gizzarelli describes Charlie as a typical family dog. Monday afternoon, he told KTVU he wasn't sure whether he'll legally surrender his pet.
"The record on this shows that they aren't capable of handling the situation, said Gizzarelli. The way they've been treating Charlie, the way they've been treating me."
A hearing on the dog's fate is set for January 11th in federal court.
(KTVU San Francisco - Dec 31, 2012)
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