Members of a Kalispell family say they were not trying to avoid prosecution when they moved a their dog out of Kalispell after it bit a 9-year-old girl who climbed over the fence to retrieve a ball on May 9.

Instead, they say they were trying to go beyond what was required of them and followed the suggestions of a prosecutor.

“We’ve gone over and above,” said Vic Direito, who owns the property where his adult son Ben Direito’s 3-year-old Lab mix Buster lived until recently.

Buster bit Sophia Knapp on the face after she climbed over the fence. In an interview and in initial statements to police, Sophia’s family has said that a 4-year-old girl invited Sophia over the fence to retrieve the ball. In its motion to dismiss a dog bite case, city legal officials wrote that Sophia may have had parental permission to enter the yard.

Sophia needed 45 stitches and has long-term damage to her face as a result of the attack.

In an Inter Lake article on May 17, Sophia’s parents voiced their concern that Buster was not punished by the legal system because he was moved out of town.

No adults witnessed the incident, but the Direito family said initial reports about the event left out key details, such as the fact that the ball that landed in the yard is specifically designed to be a dog’s chew toy and that Buster cannot get within four or five feet of the neighbor’s fence because he wears an electronic shock collar (put in place after he kept jumping the fence).

After the incident, Vic Direito said that the family considered all options regarding Buster’s future. They did not think the dog should be put down because he was in his own yard and has never been vicious before. Direito said he believes the dog likely was trying to bite the ball and instead ended up with skin.

“He’s not vicious,” Direito said. “We think this was a horrible, tragic accident.”

Ben Direito’s 4-year-old daughter lives in the home, and he said he would get rid of the animal in a heartbeat if he thought Buster was a threat.

“I wouldn’t let him be around my daughter if I thought he was vicious,” Ben Direito said.

Buster went into quarantine inside the Direito home after the incident. Vic Direito said he immediately made sure his homeowner’s insurance company sent an agent out so Sophia’s family could receive quick reimbursement for her injuries. The family spoke with city legal staffers handling the incident and Vic Direito said a few options were laid out for them.

A judge could require Buster to be put behind a 6-foot-tall fence, require him to wear a muzzle and be in a dog run at all times, or order that the animal be put down.

City Attorney Charlie Harball has said that based on the dog’s past record of good behavior and the fact that Sophia was in Buster’s yard, it is unlikely a death sentence for the dog would be imposed.

The final option proposed by legal staff was that Buster could be relocated. The Direitos thought that option was most viable because they thought seeing Buster out of her back door and bedroom window likely would be traumatic for Sophia. Buster was sent to live with Ben Direito’s grandparents and fiancee at a home with acreage in Columbia Falls. Ben Direito remained in Kalispell.

“That alleviates her looking out her window and seeing him,” Vic Direito said. “We decided to make her more comfortable.”

Direito said that he was told most dog owners aren’t as thorough when their animals are involved in bite cases.

His advice to anyone who ends up in that situation is to treat the victim with attentive care.

“Do everything right,” Direito said. “Do everything you can to help and take care of things. If there is a child involved, do everything you can to take care of that child.”

His wife, Debbie, said that she hopes parents will remind their children about proper dog safety.

“Everyone should teach their child to not approach a dog that is chewing something,” Debbie said.

Reporter Megan Strickland can be reached at 758-4459 or [email protected].