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As a jury member given these facts, I would say not guilty, justified.

Also, please don't lump all Rotties together as not being nice. I have known ones that are absolute sweethearts and wouldn't harm a flea even if it's biting the dog. I've also known cute little rat dogs that will give you a real nasty bite as soon as look at you.

The "viciousness" of the dog comes down to how it's raised and trained. All dogs should be properly trained to obey voice commands no matter what is happening for the safety of the dog, its owners and the public in general. This is particularly true of any dog that is capable of inflicting serious bodily harm (and that is most dogs).