COEUR d'ALENE - A 67-year-old man will pay both a fine of $300 and restitution in the amount of a new dog, after he ran over a miniature dachshund and didn't stop, a judge decided Wednesday.

Eric P. Miller, a retired Coeur d'Alene businessman, agreed to be sentenced in Kootenai County court as part of a plea deal earlier this year.

He was charged with inattentive driving, a misdemeanor, following the death of 5-year-old Lucy in June 2009.

The dog was owned by Stephen D. Bishop, 61, of Spokane Valley, who has property near Miller.

Miller, who spends winter in Florida, was driving with his wife, Karen, in his silver 2004 BMW when the accident occurred on the 3200 block of East Hayden Lake Road.

Bishop told Judge Penny Friedlander that he was crossing the road with Lucy trailing behind him, off leash, when she was killed. Bishop owns property on both sides of the road.

Karen Miller testified that neither she nor her husband saw the dog as they drove to church for a baptism.

Eric Miller told the court he thought he ran over a stick or rock until he was told what happened.

He said he didn't return to the scene for fear of violence from the owner.

Bishop said Miller was driving 50 mph, while the Millers said 25.

The replacement dog, microchip identification and neutering cost was $442.50.