PORT ANGELES — A man whose dog mauled his 11-year-old son on Feb. 3 was sentenced to three months in Clallam County jail on Wednesday.
Matthew B. Sims, 38, of Port Angeles was sentenced by Clallam County Superior Court Judge S. Brooke Taylor for a dangerous dog attack and possession of a stolen vehicle.
Police said Sims had left his son alone to steal the vehicle, a motorcycle its owner had listed on Craigslist.
Sims was sentenced after entering an Alford plea, under which he does not admit guilt but concedes a jury would likely convict him, county Deputy Prosecuting Attorney Ann Lundwall said in an interview.
Sims will serve concurrent sentences: He was sentenced to one month for possession of a stolen vehicle and three months on the dangerous dog charge, for which he could have been sentenced to a maximum of 12 months.
The incident occurred three weeks after the father, his son, James, and their dog, Jack, moved to Port Angeles.
Unprovoked attack
Police said the 50-pound Labrador retriever mix, which had a bone when it attacked the boy, was not provoked into mauling him.
James told police he was walking by the animal at the time, police said.
The dog bit the boy on his face, hands and arms.
James, who was treated for his injuries at Harborview Medical Center in Seattle, is living in foster care under the supervision of state Child Protective Services, Lundwall said.
The dog had attacked someone in 2005 in Alaska.
“The dog did have a history of violence, but we also have to look at the wording of the statute, which covers everything from injuring to killing someone,” Lundwall said.
“We agreed to the recommendation in exchange for the [Alford] plea.”
Father has custody
The boy’s mother was not living with her son and the boy’s father, who had legal custody of James, when the attack occurred.
The mother has since had contact with a social worker regarding the case, Lundwall said.
The dog remains at the Olympic Peninsula Humane Society animal shelter west of Port Angeles, shelter Administrative Assistant Sara Spears said Wednesday.
“He’s in isolation,” Spears said. “He’s not with the general public of all the other dogs.”
Dog’s fate unknown
Spears said she did not know what will happen to the animal.
Having been declared a dangerous dog by the Port Angeles Police Department, it cannot have contact with children.
Its owner also must obtain a surety bond of at least $250,000, payable to anyone injured by the dog, or liability insurance of at least $250,000.
Lundwall had contended Sims knew, or should have known, the dog was potentially dangerous because of the 2005 attack.
Sims told police he had left his son alone to go to Tacoma to steal a motorcycle.
Police found a key in his pocket to a Honda 650cc Enduro reported stolen in Auburn, they said.
The owner told police that Sims had asked him if he could “take it for a spin around the block” and that Sims never returned.
Arrest warrants from the state of Alaska also have been issued for Sims’ arrest on two charges of scheme to defraud and two charges of second-degree theft.
“If he contests it, it’s a long, elaborate process” to extradite Sims to Alaska, Lundwall said.
Sims was represented Wednesday by Port Angeles lawyer Loren Oakley, who was unavailable for comment Wednesday afternoon.
After being sentenced, Sims was escorted from the second-floor courtroom to the courthouse’s basement jail to begin serving his time.
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Senior Staff Writer Paul Gottlieb can be reached at 360-417-3536 or at paul.gottlieb@peninsuladaily news.com.