Case Details

Former County Prosecutor Charged: Animal Cruelty
Phoenix, AZ (US)

Incident Date: Sunday, Jun 27, 2004
County: Maricopa
Local Map: available
Disposition: Alleged

Alleged: David Pottenger

Case ID: 2497
Classification: Shooting
Animal: dog (non pit-bull)
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New Mexico, Former County Prosecutor, David Pottenger's version of the dog shooting differs from findings by police.

Phoenix police finished investigating, and Pottenger, 37, was handcuffed in and hauled to jail. Now he faces a felony charge for discharging a firearm within city limits, plus a misdemeanor for cruelty to animals.

Pottenger says the case is an outrage that could send him to prison for 2 1/2 years. He claims officers got false statements from witnesses and botched the investigation.

But neighbors gives a very different account of what happened on that morning.

Pottenger represented himself - and flooded the court with motions. Pottenger demanded the dead dog's brain to determine whether it had rabies. He wanted a witness' hair to be tested for evidence of hallucinogenic drug abuse. He wanted Maricopa County Animal Control records on dog bites and leash law violations in the neighborhood.

Prosecutors asked the judge to sanction Pottenger for acting in bad faith. His reply, that he is entitled to a vigorous defense, carries a measure of desperation: If Pottenger is sent to prison, his wife - who speaks limited English and does not have a driver's license - would be alone with their kids. And his legal career would be ruined by a criminal conviction.

The trial is scheduled to begin next month.

"I'm not crazy!" Pottenger said. "I'm not some punk who's mad he got caught and is looking for excuses that aren't there! Something is wrong with this whole case - truly wrong. . . . The whole accusation eats at me night and day."

In addition to animal cruelty, David Pottenger is charged with violating Shannon's Law, a measure aimed at preventing celebratory or random gunfire.

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References

Arizona Republic

« AZ State Animal Cruelty Map

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