Thursday, April 24 2014 3:47 PM EDT2014-04-24 19:47:30 GMT
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Duke's owner, Carissa Curry, was not home at the time, but said there is no way he would have been loose in the streets. Curry believes the man was actually trying to break into her home.
The dog warden wanted to classify Duke as "dangerous," which would require extra fees and confinement restrictions. Curry was charged with a failure to confine misdemeanor.
That charge was dropped when the victim failed to show up in court. The dangerous dog classification has been dropped, as well.
"I had witness statements seeing the man inside of my yard, witness statements to Duke's personality and my personality as an owner, and that I do not leave him outside," explained Curry. "It's been a long journey, but I'm so glad it's over with. [It's] the best news possible."
Curry was also charged with failing to vaccinate her dog against rabies. She says she did not have the paperwork to prove otherwise - and on time - and has pleaded guilty to that charge.