BONHAM, TX - Two years ago, on August 13, 2008, two pit bulls attacked a woman and an 11-year-old girl in downtown Bonham. But when the case went to trial, the Judge made a surprise ruling. Now the little girl and her family are still without closure because the case is still ongoing in the court system.

Now 13 years old, Haiden McCurry still bears the scars of a vicious dog attack from two years ago.

"She was walking out of one of her art classes or acting classes out of the building in which the dogs attacked at the front door out of nothing,” said her father, Steven McCurry.

That day two pit bulls, owned by John Hardy Taylor, jumped out of the back of his pickup truck in downtown Bonham. They first attacked a woman on a bicycle and then turned on Haiden, latching on to her one of her arms and leg.

"You know we protect our children from everything, you don't think about this. But it happens so often, you know Fannin County, Bonham, has had other maulings since then,” said Steven.

Steven and Haiden went to the first hearing to get closure; they were told it was a plea deal. But they were shocked when Judge Laurie Blake ruled the Texas laws were too vague and unconstitutional. She dismissed all four felony charges against Taylor.

Taylor's defense attorney, Steve Miears, argued that the Texas Health and Safety Code is unconstitutional. That Code pertaining to dog attacks states that an owner has committed criminal negligence if their animal attacks a person not on their property.

"We think that this law will protect victims and keep them from being a victim,”
said Fannin County District Attorney Richard Glaser.

Glaser appealed that initial ruling and now the case is being reinstated after the Appellate Court said the laws stand. Glaser said these dog attack laws are important and if Taylor gets an unfavorable ruling, then other dog owners will also be more aware of the laws.

"This is about justice for the victims and preventing crimes like this from happening again by highlighting bad behavior,” he said.

Last week the courts granted Taylor's attorney an extension to file for a rehearing. Miears has not yet returned our calls for comment.

As for Haiden and her family, they're ready to leave it all behind in court.

"I want it finished, I want closure, I want my little girl not to worry if she's going to be subpoenaed to go to court again,” said Steven McCurry.