DOVER-FOXCROFT – A local man whose two dogs were shot and killed after they attacked a neighbor’s chickens was in 13th District Court Monday denying civil charges that he allowed his dogs to roam at large and that he kept dangerous dogs.

Bertrand Smith, 53, also filed a motion to dismiss the case, but District Court Judge Kevin Stitham likely will not address that motion until the trial, which was set for Aug. 8.

“Roaming at large would be a minimal fine [if convicted], but we’re also looking for restitution for the killed chickens, and basically we want to make sure it doesn’t happen again,” Piscataquis County District Attorney R. Christopher Almy said Monday by phone.

On May 5, two husky-mix dogs escaped from a fenced-in area of Smith’s yard and ran across a field onto the property of Jim Ellis. The dogs then attacked Ellis’ chickens, according to Dover-Foxcroft Police Chief Dennis Dyer.

Using a rifle, Ellis shot and killed the two animals – one of which had a chicken in its mouth – believing they were coyotes. When Ellis checked to make sure the animals were dead, he saw the collars and recognized that they were his neighbor’s dogs.

“I know Mr. Ellis makes it sounds like I opened the door and let [the dogs] run free, but that’s not what happened,” Smith said by phone. “My biggest thing is that if he enclosed his chickens and rabbits, this may not have happened.

“It’s one of them things,” he continued. “I’m not condoning that my dogs attacked another animals, but it’s as much his responsibility to keep an eye on his animals.”

He also said Ellis must have known the animals were not coyotes, since Smith’s dogs had roamed onto his neighbor’s land before.

Ellis said Smith’s claim that the whole thing was his fault was a little short-sighted.

“It’s been going on for a long time; I think he really feels like he can let his dogs run free,” Ellis said by phone. “He’s had 17 complaints since 1997, and nobody took action before.”

“I’m trying to go about this as civil as I can, but it could happen to someone else,” he added. “It’s to a point now where we need to keep our eyes and ears open; his dogs have a predator type look.”

Both Smith and Ellis were in court Monday, but they didn’t speak to each other.

“I had nothing to say to him, and I’m sure he had nothing to say to me,” Smith said.

Smith said he likely would represent himself on Aug. 8. He previously was charged with allowing a dog to be at large in 1997 and again in 2003.