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Case ID: 18261
Classification: Shooting
Animal: dog (non pit-bull)
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Abuse was retaliation against animal's bad behavior
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Attorneys/Judges
Prosecutor(s): Susan Walton
Judge(s): Leslie Lilly



CONVICTED: Was justice served?

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Case #18261 Rating: 1.0 out of 5



Beagle shot with pellet gun, dies
Townsend, VA (US)

Incident Date: Saturday, Feb 26, 2011
County: Northampton

Disposition: Convicted

Defendant/Suspect: Charles Graham

A former Northampton County patrol deputy will spend two days in jail after being convicted of shooting a hunting beagle threatening chickens in his backyard coop.

Charles Graham, 61, of Townsend felled the dog with a pellet gun last Feb. 26, saying he was only trying to scare it away.

He was off-duty when the incident happened and no longer works for the Sheriff's Office.

The dog's owner and a neighbor, William Heath, testified that he and a friend were rabbit hunting nearby with a pack of beagles that day. Heath said the dogs did not go into Graham's yard.

On the witness stand, Graham said he was awakened that morning by the sound of barking dogs and chickens in distress. He was sleeping late because he had worked the night shift at the Sheriff's Office, he said.

He saw a beagle running across his yard. He said he ran to get his pellet gun to "shoot the dog, to let it know it was unwelcome." He had a number of rifles in the house but said he chose the pellet gun because "I didn't intend to hurt or kill the dog, I just wanted to sting him."

State prosecutor Susan Walton called his actions "cruel and unnecessary."

Circuit Judge Leslie Lilly found Graham guilty of an animal cruelty charge, a misdemeanor, but dismissed the felony charge of malicious wounding of an animal.

Heath, the dog's owner, told the court it would cost at least $1,500 to replace his beagle and that the vet bills incurred were $245.

He asked for that amount of restitution, saying, "That would be the least he could do."

Lilley sentenced Graham to 90 days in jail, suspending all but two days, which he said could be served on a weekend.

He must pay $1,745 in restitution and do 100 hours of community service.

References

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