Case Details

Pregnant dog killed with bow and arrow
Everett, WA (US)

Date: Feb 13, 2005
County: Snohomish
Local Map: available
Disposition: Dismissed

Person of Interest: Mycheal Antonio Gheparde

Case Updates: 2 update(s) available

Case ID: 3848
Classification: Shooting
Animal: dog (non pit-bull)
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Animal was offleash or loose
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An Everett family is furious about finding their dog dead, after they say it was shot through the stomach with an arrow. Sue Jones and Gene Clark say their next door neighbor shot the dog on the evening of Feb 13, 2005.  They called the Snohomish County Sheriff's office in to investigate what happened. 

The Clarks took several pictures of their dog when they found her with the arrow still protruding from her abdomen.

Gene Clark said Mary Jane, or M.J., had been outside for about five minutes Sunday when he heard her slam against the door demanding to be let in. When he opened the front door, Clark saw the 1-year-old dog hobbling toward their back yard with the arrow sticking out of her side.

At 4:57 p.m. Sunday, Snohomish County sheriff's deputies were called to Clark's house in the 12100 block of Alexander Road, in South Everett, for a report of a loose animal being aggressive toward a person who called 911. 

When M.J. hobbled away from him Sunday, Clark said he saw his neighbor with a bow. Clark said he confronted his neighbor of six years but said the man didn't say anything to him.

M.J. had lived with the family for about six months. The dog had bred with the family's other dog and was expected to deliver puppies any day, said Richard Jones, 18, who is Clark's son.

Clark said his dog was sweet and loved to cuddle with him while he watched television. He said that about a month ago, the dog went into his neighbor's front yard and growled at the man.

Snohomish County Deputies would only say that the case is under investigation, and that it is being forwarded to Snohomish County Animal Control for a final review.

"I think he should have his right to animals taken away from him," said Jones. "What man in their right mind shoots a defenseless dog that's pregnant, on top of it?"

Gene Clark admits his dog wasn't on a leash at the time, and wandered over into his neighbor's yard, but said the dog did not deserve to be shot.

"We live right next door. He could have come over and knocked on my door at any time," Clark said. "Somebody's always here. I could have taken care of the problem."

M.J. died under the family's porch shortly after the shooting. She was buried beneath a tree in the back yard.

No arrests have been made or charges filed in the case.

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Case Updates

A man who shot a neighbor's dog with an arrow will not be tried again on a charge of cruelty to animals, Snohomish County prosecuting attorney Janice Ellis said Friday.

A jury earlier this month could not reach a unanimous decision in the case of Mycheal Antonio Gheparde of Everett, and Superior Court Judge Larry McKeeman declared a mistrial.

Prosecutors asked for a new trial date, but Friday's decision ends the case.

Gheparde testified that the dog had been menacing him and his family. He told jurors he considered the animal a continuing threat to his family. He claimed he shot the dog in self-defense.

The dog, described by owners as a pit bull, had been in Gheparde's back yard when he went in the house to get his bow and arrow. The dog was walking away from Gheparde's residence when it was shot with an arrow.

Jurors voted 9-3 to convict Gheparde, but afterward expressed strong opinions on both sides of the question, Ellis said.

The office "has concluded there is no additional evidence that could be presented to obtain a unanimous verdict in the case," Ellis said.
Source: HeraldNet - Jan 21, 2006
Update posted on Jan 26, 2006 - 12:12AM 
A Snohomish County Superior Court jury Thursday could not reach a unanimous decision on whether a south Everett man acted improperly in February 2005 when he shot and killed a neighbor's dog with a bow and arrow.
Superior Court Judge Larry McKeeman declared a mistrial when jurors announced they were deadlocked 9-3 in favor of convicting Mycheal Antonio Gheparde of a felony first-degree cruelty to animals.
Deputy prosecutor Laura Twitchell set March 13, 2006 as a new trial date for Gheparde.


Everett defense attorney Douglas Ricks argued that Gheparde had no option other than to shoot the dog, which had been menacing his family and had bitten his son. Ricks told the jurors the Gheparde family had been terrorized for months by the dog, and authorities wouldn't do anything about it. Ricks said Gheparde had a right to defend his family and his property. "He ran out of options," Ricks said.
Twitchell said Gheparde could have called 911 if the dog had truly been a danger. "He was just sick of that dog being in his yard," Twitchell argued.
While Ricks sought to make the shooting look like self-defense, the dog was actually off the Gheparde property and was returning home when it was shot, Twitchell said. "Killing the dog was not necessary," she told jurors.
Source: Herald Net - January 6, 2006
Update posted on Jan 7, 2006 - 7:00PM 

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References

KOMO News - Feb 15, 2005
The Seattle Times - Feb 15, 2005

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