Case Details

Puppy shot and killed, left in dumpster
Delmar, DE (US)

Incident Date: Wednesday, Nov 21, 2001
County: Sussex
Local Map: available
Disposition: Convicted

Abuser/Suspect: Wayne N. Elliott

Case ID: 3996
Classification: Shooting
Animal: dog (non pit-bull)
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Animal was offleash or loose
Abuse was retaliation against animal's bad behavior
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Wayne N. Elliott, 60, a lawyer with the law firm Prickett Jones & Elliott has pleaded guilty in Sussex County Superior Court to misdeameanor animal cruelty for killing a neighbor's puppy after it ran onto his Delmar farm. He was ordered to serve a year of probation, pay $934 to owner of the dog he shot and killed. He will also pay $500 fine and court costs, perform 100 hours of community service at the Society for the Prevention of Cruelty to Animals, forefeit his shotgun to the SPCA and have no contact with the pet owner Rita Adkins. Elliott is also prohibited from owning animals for five years.

Elliott was charged on Nov 21, 2001, with felony animal cruelty and possession of a firearm during a felony. He plead guilty to the lesser charge before Judge Richard Stokes.

The judge is considering removing the probation if all other conditions are met.

Rita Adkins said her puppy Callie, a 7-month old boxer, chased a rabbit through the woods of her five acre property and failed to come back when she called and searched for it.

When her son, Mark, spoke with Elliott later in the day, Elliott said, "I did indeed see her and I shot her and she's in the dumpster."

Elliott's attorney, Joe Hurley, said he was pleased with the plea, since a felony conviction could have led to disbarment and prison time.

John Caldwell, SPCA Executive Director, said he was frustrated by the outcome, but that the state Attorney General's Office had the final say. "Our mission when we prosecute a case is to get a conviction A lot of times plea bargains are made. Do I always agree wth them? No."

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References

Wilmington DE News Journal - Nov 14, 2002

« DE State Animal Cruelty Map

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