A Peachland man whose dog was handed a death sentence in August has failed in his legal bid for a stay of execution before a B.C. Supreme Court judge in Kelowna.

Drew Panton's dog Jake was ordered euthanized after it attacked and killed a smaller dog on New Year's Day 2015, but Panton asked the court to reconsider.

Charlie the dead dog

Charlie was killed Jan. 1, 2015 (Jeff Clarke)

Panton's two dogs — Jake, a 60-kilogram Presa Canario, and an American pit bull cross named Buddy — escaped on Jan. 1 and attacked a Wheaton terrier cross named Charlie, which was being walked by his owner.

Panton said he'd give anything to change what happened.

"It's just very sad. It's just...you know, here is a dog who never was a problem to anybody for eight years and he bit one dog with one bite and it cost him his life."

Both attacking dogs were seized by animal control officers and designated as dangerous by a provincial court judge. Jake was ordered to be euthanized in August.

Jeff Clarke

Jeff Clarke's dog was attacked and killed while they were out walking on New Year's Day, 2015. (Brady Strachan/CBC)

Charlie's owner Jeff Clarke wanted the order upheld, as did Bruce Smith, the spokesman for the Regional District of the Central Okanagan.

"Well, we are not happy that we have to put down a dog," said Smith. "But in the interest of public safety the court has said, you know, this is the case."

Panton had suggested that Jake could be sent to a friend's animal shelter in Kitimat as an alternative to being destroyed.

However, the judge found this was not a viable alternative for addressing the "grave danger" presented by Jake.

Panton says he gets one last visit with his dog, before it is euthanized.

With files from Brady Strachan