A dog has been on death row for 3 years after biting a neighbor. The case is now in court.

MILLIS, Massachusetts (WBZ) — A three-year battle over a dog’s life in Millis, Massachusetts, is now shifting to a courtroom. The town believes Bentley, a Cane Corso, needs to be put down after he bit someone.

Bentley hasn’t had any issues since that incident, his owner said, but he remains on death row. For more than 1,000 days, Rebecca Martin has woken up with this thought on her mind, “Is today the day my dog dies?”

“Constantly, every day not knowing if he was going to live, or not what am I going to do?” said Martin.

Bentley has been destined to be euthanized ever since the incident three years ago. The Cane Corso was unleashed in the front yard as Martin approached a neighbor. Bentley then bit the woman.

“I was going to go say hi to her, and it was just a bad mistake,” said Martin.

“She was bit on both arms; that’s a significant bite. She had what she described as a slight fracture, but it didn’t need surgery,” said Martin’s lawyer Jeremy Cohen.

The case went before the Millis town select board and they voted to euthanize the animal, despite Martin’s lawyer saying the victim doesn’t want the dog to be put down.

“She has testified, even previously at a hearing, that she doesn’t want anything bad to happen to the dog,” said Cohen.

Martin has taken recommended safety measures since the attack, and the dog has been living with her incident-free ever since.

After numerous appeals, the case is now in Wrentham District Court. A judge heard from a trainer Thursday who just evaluated Bentley. He agreed to work with the family and said he’s already noticed proper care and behavior during his time with the dog.

The judge also heard from the victim’s mother, who walked by Bentley’s home last year and got a scare.

“I observed Bentley to be growling, barking, banging up against the window with his paws,” said Sharon Lee Jackson.

When the town select board made the decision to euthanize, Millis Animal Control Officer Erin Mallette told them her recommendation was for a statute of six corrective measures such as a muzzle and restraints. At the time, she did not recommend euthanasia but told the board it was an option.

In court Thursday, that changed. She told the judge she believed the dog should be put down.

Cohen asked Mallette if the dog had any reports of escaping or biting anyone since the incident three years ago. She said no, which prompted Cohen to ask why she was changing her recommendation. Mallette told the court the change was based on veterinary recommendations. She also testified that she did not evaluate Bentley the day of the bite and has not been with the dog since.

The case is still ongoing.

“It is the policy of the Town not to comment on pending litigation. Therefore, the Town has no comment at this time,” Millis town administrator Michael Guzinski told WBZ-TV in an email.