Case Snapshot
Case ID: 17871
Classification: Beating, Kicking/Stomping, Other
Animal: dog (non pit-bull)
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Wednesday, May 4, 2011

County: Monongalia

Charges: Misdemeanor
Disposition: Alleged

Alleged: Marshall K. Sears

A Morgantown man has been accused of choking, kicking and punching his dog, Wallace, before throwing him in a small utility closet and spraying him with a propellant.

Police found the dog bleeding from the head, with blood on his front paws and legs.

Marshall K. Sears, 48, was arrested Wednesday and charged with misdemeanor cruelty to animals and possession of a controlled substance less than 15 grams. His bond was set at $6,500.

According to criminal complaints, a neighbor saw Sears beating his dog and called 911. The neighbor said Sears threw the dog in an outdoor utility closet, then opened the door, kicked the dog and sprayed him with an unknown substance.

The neighbor said Sears returned to the closet before police arrived, grabbed the dog by the neck and threw him in the apartment.

Monongalia County Sheriff 's Deputy T.L. Merrifield said he found a trail of blood on the apartment floor leading to a small metal kennel that housed the dog.

He said a large amount of fresh blood was in the outdoor utility closet, which was about 1-by-4 feet and "nowhere near capable" of housing a dog of Wallace's size.

The closet contained a plastic snow shovel with a metal strip along the bottom and a spot of blood on it.

"I do not know if the shovel was used on the dog," Merrifield said in the complaint.

A blue pipe that smelled of marijuana was seized from Sears' home, and Wallace was removed by the county dog warden, who said the animal did not suffer any life-threatening injuries.

"The dog will be held pending some disposition or court ruling in the case," Chief Deputy Rick Adkins said Thursday.

He wasn't sure what type of dog Wallace is, and an employee at the Monongalia County Canine Adoption Center declined to comment for this report.

Cruelty to animals carries a sentence of up to six months in jail, a fine of $300 to $2,000, or both.


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