Diane Emily Pellington, a 74-year-old former veterinary assistant, was found dead in late February on her rural property along Cross Creek Lane in the Hiwassee Dam community near Murphy, North Carolina, killed while walking toward a shared mailbox on a neighbor's easement. Six months later, Cherokee County's sheriff says criminal charges against the dogs' owner have not been ruled out, even though DNA testing on the three seized dogs came back inconclusive.
Preliminary findings showed Pellington was likely mauled to death, according to Local 3 News, though the district attorney's office has not yet received the final autopsy report. The attack happened with no known video recordings or eyewitnesses, leaving investigators to piece together what happened on the more than 20-acre property. Sheriff Chris Wood said in March that the rural setting, without neighborhood surveillance or doorbell cameras, made reconstructing the attack unusually difficult, as detailed by WJRB 95.1 FM.
Three dogs were seized from a neighboring property after the attack: two pit bulls named Queenie and Diesel, and a Great Pyrenees named Princess. All three were euthanized following the death, according to procedural policy. Cherokee County Sheriff's Detective Nolan Queen has since acknowledged that DNA testing on the animals returned inconclusive results regarding which, if any, of the three dogs was directly responsible for the mauling. Sheriff Wood echoed that uncertainty, saying available evidence has not conclusively established which dog was responsible.
Confusion Over Whether Charges Were Off the Table
Other news agencies had reported that no charges would be filed against the dogs' owner, but per Local 3 News, that characterization was based on a preliminary conversation between the case detective and an assistant district attorney, made before the investigative case file was even complete. Sheriff Wood said that early conversation should not be interpreted as a final charging decision. The district attorney's office received the hard-copy case file only this past Wednesday, per the sheriff, and still has not received statements from other officers involved in the case.
The North Carolina State Bureau of Investigations is conducting an independent review of the case and will turn over its findings to District Attorney Ashley Hornsby Welch. Welch leads the 30th Prosecutorial District, which covers Cherokee County and six other western North Carolina counties, according to the North Carolina Department of Justice. Her office must reach a final determination before any potential charges can move forward, and it has not yet received a report from the NCSBI.
Family Says Prior Warnings Were Ignored
Pellington's daughter, Sarah Anderson, said the victim's family and the dog owner had known each other for years and had previously argued over concerns about the dogs' potential danger, according to WJRB 95.1 FM. Under North Carolina General Statutes § 67-4.1, a dog that inflicts severe injury or death without provocation is legally defined as a dangerous dog, and an owner's failure to properly confine such an animal can bring criminal misdemeanor penalties, according to the North Carolina General Assembly. The statute also imposes strict civil liability on owners, and proving an owner knew of a dog's dangerous tendencies is considered critical under the state's liability laws.
The case unfolds against a backdrop of tougher scrutiny for fatal dog attacks statewide. In May, prosecutors in Chatham County charged a dog owner with felony involuntary manslaughter after an 85-year-old woman was fatally mauled in Apex, a charge filed after consultation between the district attorney and the state medical examiner, per the Chatham Journal. That case offers a recent example of how far North Carolina prosecutors are willing to go when gross negligence or prior knowledge of a dog's aggression can be shown.
The investigation has also played out amid leadership turnover inside the Cherokee County Sheriff's Office. Former Sheriff Dustin Smith resigned in February, effective February 6, after DA Welch formally requested his departure over concerns about operational negligence, according to WLOS ABC 13. Sheriff Wood has led the office through the Pellington investigation since.
Pellington was remembered as a former veterinary assistant survived by four children, 16 grandchildren, and five great-grandchildren, according to an obituary published by Townson-Rose Funeral Home. A private graveside service was held on March 2. For now, her family and Cherokee County residents are left waiting on the NCSBI's findings and a final autopsy report before knowing whether anyone will be held criminally responsible for her death.
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