Case Details

Dog shot with high-powered pellet gun
Carlsbad, NM (US)

Incident Date: Sunday, Jun 11, 2006
County: Eddy
Local Map: available
Disposition: Acquitted

Person of Interest: William Huckabee

Case Updates: 2 update(s) available

Case ID: 10110
Classification: Shooting
Animal: dog (non pit-bull)
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Animal was offleash or loose
Abuse was retaliation against animal's bad behavior
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A Carlsbad man accused of shooting and killing a poodle in June waived an arraignment in District Court on Nov 13.

William Huckabee, 40, of the 500 block of Russell Street, is charged with cruelty to animals/maliciously killing an animal in the June 11 shooting of his neighbor's standard poodle outside Huckabee's home on Russell Street.

Huckabee did not appear in court on Nov 13, and instead he chose to waive his right to an arraignment on the charge.

Huckabee has pleaded not guilty to the charge. He told police he fired a high-powered pellet gun at the standard poodle because the dog charged him.

During a preliminary hearing in Magistrate Court in September, his attorney said there was no evidence that Huckabee maliciously killed the dog. He said his client was responding to the attack of a large dog that had been known to growl and be aggressive toward Huckabee and others in the neighborhood.

Evidence presented by a local veterinarian during the preliminary hearing showed the dog was shot once in its left side. Magistrate Judge Henry Castaneda Jr. said the evidence contradicted Huckabee's statements that the dog was attacking him when he fired the pellet gun. He said the dog would have been facing directly toward Huckabee during an attack.

Castaneda ordered the case bound over for trial in District Court.

Case Updates

A man charged with extreme cruelty to animals after being accused of shooting and killing a poodle in June, was found not guilty by a jury in District Court Wednesday.
William Huckabee, 40, of the 500 block of Russell Street, spent two days on trial before Judge Thomas Rutledge and jury, where testimony from various witnesses was heard.

Huckabee had told police that he fired a high-powered pellet gun at the standard poodle because the dog charged him the evening of June 11 outside his home on Russell Street.

"We are disappointed," Prosecuting attorney D'Ann Read said, regarding the jury's not guilty decision.

The case had been presented in Magistrate Court in September, but was bound over to District Court.

In Magistrate Court, Judge Henry Castaneda said evidence in the case did not show that the dog was attacking Huckabee when it was shot. He ordered the case be bound over for trail on the fourth-degree felony charge. If Huckabee had been convicted, he would have faced a maximum sentence of 18 months in prison and a $5,000 fine.
Source: Current Argus News - Mar 8, 2007
Update posted on Mar 9, 2007 - 1:28PM 
A jury trial is set for 9 a.m. on March 6 in District Court.
Update posted on Nov 16, 2006 - 1:55AM 

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References

Current Argus - Nov 13, 2006

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