Dog shot and killed - Roanoke, VA

Sunday, Nov 10, 2002

County: Roanoke City

Disposition: Convicted

Defendant/Suspect: Cody L. Lowe

Cody Lowe was convicted of a misdemeanor for shooting and killing his neighbor's Doberman pinscher, Bo, the night of Nov 10.

Lowe had been charged under a new felony animal cruelty law, but Judge Joseph Hess reduced the charge to a misdemeanor after testimony and arguments in Boteteourt General District Court. Lowe was found guilty of maiming, killing or poisoning an animal and fined $350.

Lowe testified he shot the dog because he believed it was attacking his cat. The dog which belonged to a neighbor, Mickey Campbell, had previously attacked Lowe's husky in 2001 and the husky died a few days later.

A neighbor had called Lowe to tell him Bo was found with blood on his muzzle and chewing something small and fury. Lowe believed Bo had his missing cat in his mouth. When he approached the dog it was indeed chewing something small and furry, the dog began to growl at Lowe so he shot the dog once in the back with a .22 rifle. Lowe continued to approach the dog to see if his cat was underneth Bo, but he dog growled again. So, Lowe shot the dog twice in the head. It was later found that Bo was eating entrails of a gutted deer. Lowe's cat turned up unharmed a few days later.

Lowe testified, "I was just trying to protect my cat." Lowe's attorney, William "Buck" Heartwell called neighbors from the small community to testify they had prior problems with the dog.

Campbell, owner of the dog, testified he was a peaceful dog that was good with children.

Heartwell said he was was surprised by the judge's ruling because the misdemeanor charge requires malice which Lowe didn't have.

References

• Roanoke VA Times - Jan 14, 2003

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