A Dover Township man has been charged with a third-degree felony related to the shooting death of his neighbor's dog. The 71-year-old, identified as Dean E. Smith, was accused of killing the 2-year-old Akita dog named Porter in January, as per court documents cited by PennLive.
Smith claimed he was attempting to protect a barn kitten from the Akita, which had reportedly wandered onto his property and had the cat in its mouth. However, the narrative took a tragic turn when Smith decided to keep shooting the dog after it had released the kitten. "The moment I pull that trigger on him, I have to kill him. Do you know what kind of legal lawsuits would [be] pending if he gets back and he's bleeding to death and hurting and screaming?" Smith is quoted as having said in a detective's affidavit, apparently motivated by fear of legal repercussions if the wounded animal were to survive, according to local21news.com. Porter did not survive, succumbing to his injuries despite his journey back home and the desperate efforts of his family to save him.
April Kirkpatrick, Porter's owner, has been grappling with the loss of her pet, who she considered to be a part of her family. Her relentless pursuit of justice led to the reopening of the case by the District Attorney's Office. The subsequent investigation by county detectives ultimately led to Smith's charge of aggravated cruelty to animals, PennLive reports. Kirkpatrick recalled the hours spent searching for Porter and the distressing trip to the veterinary hospital where they had to say goodbye to their wounded pet.
Despite a law that allows individuals to defend their domestic animals from attack by other animals, York County investigators determined that the act of shooting did not occur while Porter was in the act of attacking but continued after. "I just know if he got back home, there's going to be a legal battle," Smith stated, as detailed in a criminal complaint mentioned by WGAL. Smith is currently awaiting his first court appearance slated for September 5.
