Dozens of Congo's supporters rallied outside a courthouse Tuesday, but it was not enough to save the pup.
New Jersey reporter Toni Yates has details from Princeton.
This has become an incredibly emotionally charged case, and even the judge says his life has been disrupted by the phone calls, E-mails and letters he has received at both home and work regarding the fate of Congo.
Congo's owners, the James family, are fighting for a dog they consider a member of their family.
Those emotions hit a high today.
One by one, the James children tearfully tried to talk about their love for Congo and why his life should be spared. They had heard the judge's decision just moments before.
"The dog known as Congo is hearby declared to be a vicious dog," he said in court.
Congo's life is on the line for mauling landscaper Giovanni Rivera last June. He suffered serious wounds. The family says Congo thought he was defending his family and that the dog was provoked. As such, they say he should've been given a second chance. Since the judge said no, the family is appealing.
"I thought that our proofs on the issue of provocation were extremely strong, and I'm going to present that on the James' behalf, to the best of my ability, to the next judge," attorney Robert Lytle said.
The judge also denied the family's request for Congo to go home during the appeal. He has been in a shelter, the family says, not doing well.
"We believe that Congo's condition is, in fact, worsening," Lytle said. "And something has to be done to get him out of the shelter."
About 200 supporters filled the courtroom and the courtyard in support of the James, who say the matter should not have gone this far.
"It's just destroying my family and my children," owner Elizabeth James said. "It's terrible that my children have to go through this."
Congo's death sentence is on hold because the case is on appeal. The judge did tell the family they could take Congo home, provided they declared and tattooed him as a vicious dog. They said they declined because they were worried their children's friends would not be allowed to visit the home.