08/10/2012 03:08 EDT | Updated 10/10/2012 05:12 EDT

Okanagan Death Row Dog To Be Killed

An Okanagan man is devastated after learning a B.C. provincial court judge has ruled his dog is dangerous and must be put down.

On Thursday the judge ruled in support of the Regional District of the Central Okanagan that "Diesel" is a public safety threat and ordered the dog be put down in two weeks.

"Absolute shock. I'm very disappointed and very upset with the decision that has come down," said owner, Dave Smith. "It's certainly not even close to what I was expecting."

Since 2006, the 7-year-old German shepherd mix has racked up 10 aggression complaints ranging from chasing cats to injuring another dog.

Diesel has been locked in the regional district dog pound for the past 17 months as Smith fought his dog's death sentence.

And the fight isn't over, says Smith.

"I'm going to appeal because this is not justice," Smith said. "This is a cruel tragedy and a travesty of justice. But what the decision was today is not justice. No."

This is the second case this year where Okangan dog owners have challenged a Central Okanagan Regional District euthanization order in court.

In July, the district settled out of court with the Madsen family and released their dog, Shadow, with a number of conditions.

The district has said it is re-evaluating how it deals with dangerous dog complains, acknowledging it may have been too strict in the past.