LISBON — A Negley resident whose dog was designated as vicious after attacking a woman out for a walk May 15 decided Tuesday to drop a challenge to the designation issued by the Columbiana County dog warden, with an assistant prosecutor saying the dog will be euthanized.

This was the same dog the owner had originally volunteered to put down and then didn’t a few days after the attack.

At 4:13 p.m. Friday May 15, the Columbiana County Sheriff’s Office received a call from the East Palestine Police Department advising that a Beaver Local school bus driver reported a woman was attacked by dogs while walking in the area of Tomahawk Drive.

The school bus was able to stop and pick her up, taking her to another address while contacting an EMS crew. The sheriff’s office responded and the dog warden’s office was called and responded, with the two dogs described as male boxer mixes at the time.

Initially, county Dog Warden Heidi Wallace said she was told the one dog, known as Milo on the report, was scheduled to be euthanized on May 18 and the other dog, known in the sheriff’s report as Beau, was in quarantine in Mahoning County. Apparently the dog known as Milo was not put down.

On May 20, the dog known as Milo, owned by Jill Brothers, Tomahawk Drive, Negley, was deemed a vicious dog, with Brothers given 10 days after receiving notification to request a hearing in court. On May 29, a notice of appeal and complaint requesting a hearing regarding vicious dog designation was filed by Brothers against the dog warden through her attorneys, Chris Amato and Frank Williams.

The complaint sought a hearing in Columbiana County Municipal Court to reverse the designation, “as the decision was arbitrary, capricious and unsupported by the evidence.”

The complaint claimed the designation was made “without clear and convincing evidence that the dog committed the act as defined by the statute.”

According to the filing, the designation classifying Milo as vicious had potential consequences such as having to carry $100,000 liability insurance and the potential threat of impoundment/euthanasia. Besides a hearing to review the vicious dog designation, she wanted a stay of the regulatory requirements, including seizure or euthanasia orders, pending final resolution of the appeal and a reversal and vacating of the designation.

A hearing was set for 2 p.m. Tuesday before county Municipal Court Judge Danielle Menning, but then by phone, Amato made a motion to withdraw the notice of appeal and complaint, with no objection from county Assistant Prosecutor Christopher Weeda, with the motion granted and the case dismissed. The written motion simply said Brothers no longer wanted to move forward with the complaint.

Weeda said the dog in this case, Milo, is expected to be put down in the next 24 to 48 hours. The dog warden will get verification of the euthanization.

He confirmed the other dog owner, a relative of Brothers, was also given notice of a vicious dog designation for her dog, but is still within the 10-day objection period, although no objection has been filed at this point.

Weeda said the county tried to execute two search warrants, one in Mahoning County and one in Columbiana County, in search of the two dogs and both times, neither of the dogs were present.

The victim of the dog attack, Penny Brown, was identified on social media as a Beaver Local teacher. The sheriff’s report described her injuries as extensive to her arms and the back of her head and to her legs. She was flown by helicopter to St. Elizabeth Medical Center in Youngstown for treatment.

The Columbiana County Board of Commissioners recently issued a proclamation honoring the bus driver, Amber May, for her heroism and courage in coming to help Brown. The proclamation said May, a Beaver Local bus driver, “was the first person to aid in the safety of a woman being attacked by two vicious dogs by using her bus to ward off the dogs while the victim boarded the bus.”

She also provided vital information to the East Palestine Police Department and the proclamation said her actions greatly affected Brown’s survival.

Weeda said video footage from the bus showed that both dogs were involved in the attack.

At the time of the incident, the sheriff’s office report said charges were pending against the dog owners, but nothing’s been filed yet.

Columbiana County Prosecutor Vito Abruzzino said the case for criminal charges is complete and under review at this time.