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Case ID: 9382
Classification: Shooting
Animal: dog (non pit-bull)
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Dog shot in the face during domestic dispute
East Bend, NC (US)

Incident Date: Thursday, Jul 20, 2006
County: Yadkin

Charges: Felony CTA
Disposition: Alleged
Case Images: 5 files available

Alleged: Marty Gray Spivey

Case Updates: 6 update(s) available

In the early morning hours of July 21, 2006, a 4 year old Akita named Rocky lay dying as the result of being shot in the face with both barrels of a shotgun during a domestic violence altercation.

In the rural area of East Bend, NC, on the night of July 20, Martin Spivey, 47, who was estranged from his family, became intoxicated, borrowed a double-barrel shotgun from a friend and drove to the family home where he quarreled with his wife. Their two young children were present during the altercation. Spivey threatened his wife, then turned, took aim, and shot Rocky in the face with both barrels of the shotgun.

With a police escort, a kind-heart veterinarian went to the home to assess the dog, which was still in his pen but had crawled under part of the house. With the assistance of a local police officer, the veterinarian pulled Rocky, unconscious, from under the house. At approximately 2:00 a.m. on July 21, Rocky was humanely euthanized due to his devastating injuries, and was released from the suffering and torture Mr. Spivey had caused. Rocky was a longcoated Akita that had been rescued from a shelter in Winston-Salem early in 2006 and was available for adoption.

Spivey was arrested and charged with communicating threats and Class I felony animal cruelty, and remains in custody at the Yadkin County Detention Center. He now has been assigned a court-appointed attorney and has a trial date set for mid-August in Yadkinville, NC.

According to Police Reports Ms. Spivey said she wanted to speak to an officer regarding her husband who has left her the day before.

Reporting Officer spoke with her about her problems with her husband. She said her husband has threatened her over the telephone.

Reporting Officer referred her to the domestic violence and magistrate.

As Reporting Officer was leaving Mr. Spivey walked up in the back yard. It was obvious that he had been drinking. However he was able to talk and answer Reporting Officer's questions. He said he has moved in with this mother and brother in Winston Salem the day before.

Mrs. Spivey said she was uneasy with him staying there. Reporting Officer offered to transport her to a relative or a safe location at least 3 occasions while talking to her. She said she wanted to stay.

Mr. Spivey said he would not harm her and he only wanted to talk with her to try to work things going. She agreed to let him stay. Reporting Officer left but was called back to the residence 2 hours later.

Reporting Officer, Deputy hicks and deputy Willard Responded. Mrs. Spivey said her husband has shot an akita dog that was placed at her residence for temporary care by Akita Rescue.

She said her husband told her "You are next" As Deputy Willard was talking to Mr. Spivey. Reporting Officer went with Mrs. Spivey to a dog lot located behind the residence.

Reporting Officer found the dog laying under the building that the lot was attached to. The dog was suffering from a wound to the mouth and throat area. The animal was alive but appeared to be paralyzed.

She then led Reporting Officer to another building beside the dog lot and located the Double Barreled 20 gauge shotgun that she said Mr. Spivey used to shoot the dog with. Reporting Officer secured the weapon and returned to the house.

Reporting Officer had Deputy Hicks place handcuffs on Mr. Spivey and arrest him.

Mr. Spivey then became verbally abusive and attempted to resist Reporting Officer efforts to escort him to the patrol car. Reporting Officer placed Reporting Officer's hand on the upper chest and throat area and pushed him to the wall and regained Control of him.


Case Updates

Court contact information regarding the case against Marty Gray Spivey is as follows:

Yadkin County Courthouse
101 South State St.
P.O. Box 211
Yadkinville, NC 27055
Phone: 336-679-8838

Court Date: 10/29/07
Case #: 0651124

Prosecutor:
Ms. Kisa Posey, Asst. Prosecutor
500 Courthouse Drive, Suite 22
Wilkesboro, NC 28697
Phone: 336-667-6361
Fax: 336-667-7999

Judge:
Moses Massey
P. O. Box 1749
King, NC 27021
Phone: 336-983-8989
Fax: 336-983-2471

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Source: Yadkin County Case #: 0651124
Update posted on Sep 5, 2007 - 11:25PM 
The trial for Marty Spivey has been postponed again. The trial is now set for October 29, 2007 at the Yadkin County Courthouse.

Spivey faces charges of animal cruelty and making criminal threats stemming from an incident last July, when he allegedly shot a 4 year old Akita named Rocky.

According to reports, Spivey was estranged from his family, and drove to their home with a shotgun. He reportedly threatened his wife in front of their children, and then shot Rocky in the face. Rocky was later euthanized due to his devastating injuries.
Source: Docket # 06-CRS-51124
Update posted on Aug 21, 2007 - 4:42PM 
The trial for Marty Spivey is now set for June 4, 2007 at 9:30 a.m. Spivey faces animal cruelty and criminal threat charges as a result of an incident last summer.

On July 21, 2006, a 4 year old Akita named Rocky lay dying as the result of being shot in the face with both barrels of a shotgun during a domestic violence altercation.

Spivey, who was estranged from his family, allegedly became intoxicated, borrowed a double-barrel shotgun from a friend and drove to the family home where he quarreled with his wife. Their two young children were present during the altercation. Spivey reportedly threatened his wife, then turned, took aim, and shot Rocky in the face. Rocky was later euthanized due to his devastating injuries.
Source: Yadkin County Docket # 06-CRS-51124
Update posted on Mar 29, 2007 - 2:18PM 
Marty Spivey is now set to appear in Superior Court on March 26, 2007 at 9:00 a.m. No information is immediately available as to whether Mr. Spivey posted bail.
Source: Docket # 06-CRS-51124
Update posted on Feb 5, 2007 - 2:56PM 
Marty Spivey has reportedly jumped bail. There is a warrant out for his arrest.
Update posted on Jan 27, 2007 - 12:50AM 
The trial for Marty Spivey is now set for Monday, January 22 at 9:00 AM.
Update posted on Jan 19, 2007 - 3:05AM 

References

  • Yadkin County Sheriff's Office
  • Docket #06-CR-51123    Communicating Threats
  • Docket #06-CR-51124    Class 1 Felony Animal

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