Dog killed with 12-gauge shotgun
Ocala, FL (US)Incident Date: Wednesday, Oct 31, 2001
County: Marion
Disposition: Alleged
Alleged: John Marcam Avery
When John Marcam Avery, 36, said he had no choice but to shoot his estranged wife's 18-month old, mixed-breed dog with two shotgun blasts early Sunday, he didn't think he would be put in jail on animal cruelty charges.
Avery committed a felony crime by shooting the dog, Ralph, instead of taking him to the pound to be euthanized. Avery of Southeast Sixth Place and his estranged wife both feel the charges are excessive, considering the dog's aggressive behavior.
Avery said, "Ralph had bitten both my twin boys about two weeks ago, and he bit me while I was trying to get him in the truck to take him off this morning (Sunday). After he bit me, I had to shoot him because he had been getting very aggressive lately."
Ocala police Lt Carmen Sirolli said Avery's act resulted in Ralph's cruel death as defined by Florida law. Sirolli said, "The dog is a domesticated animal. It's not a wild animal, like a raccoon, you shoot because it keeps getting into your trash cans and you are not sure if it carries a disease. The bottom line is the animal died a cruel death in accordance with Floride statues."
On Sunday morning about 9:30 a.m. one of Avery's neighbors called Ocala police dispatchers to report she heard gunshots and spotted Ralph lying motionless near Avery's fence.
When the police arrived, the neighbor told them the shooting occurred after the dog had barked repeatedly from 3:00 a.m. until just before the shooting. They also learned the dog belonged to Avery's estranged wife, Rhonda Avery.
Ocala police said since Avery's children were bitten two weeks ago, the killing of Ralph on Sunday was not in direct response to the prior attacks. The report never mentioned Avery's contention he was bitten on Sunday.
Avery said he's almost certain he told the officers about Ralph biting him on Sunday.
One of Avery's friends mentioned he thought Ralph acted like an abused dog. Avery said, "He kept getting more and more agressive, so I had to finally do something. It's a shame I had to shoot him, but it had to be done for the safety of our neighborhood."
Rhonda Avery said, "But, since this morning, my boys said they had been bitten. I feel if my (estranged) husband felt it necessary to kill the dog, then it was necessary to kill the dog."
John Avery said he called animal control several weeks ago from a pay phone at work and asked if they would come out and get his unruly dog. The animal control officials told him to bring the dog to them.
"I never gave them my name, but I did call," Avery said. "I was told to bring him in." References- Ocala FL Star Banner - Nov 13, 2001
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