Damages hearing in death of Vienna dog is Feb. 4

GIRARD

A damages hearing will be 9 a.m. Feb. 4 in Girard Municipal Court in the matter involving a Vienna Township pastor who shot his neighbor’s black Labrador retriever Oct. 24 at his house on Niles-Vienna Road.

The owner, Kimberly Ellis of nearby Warren-Sharon Road, had the dog euthanized after learning that it had been hit by three gunshots, including one that severed its spine, leaving the dog unable to move. The Feb. 4 hearing is to settle matter of how much Ellis should be paid as damages for the loss of her dog.

Ellis said the dog, named Tucker, wandered away from her while she was working on her 80-acre property, so she used a four-wheeler to look for him. She heard gunshots and a dog yelping several times and in the area of Pastor David Murphy’s house and later found the dog nearby not moving.

Pastor Murphy said he shot near Tucker because it was acting aggressively toward his caged chickens. He told WFMJ TV 21, the Vindicator’s broadcast partner, he “shot at the dog to miss him and to scare him, but actually ended up hitting him.”

Vienna police originally charged Pastor Murphy with misdemeanor injuring animals, but Atty. Michael Scala, serving as Girard prosecutor in the absence of Prosecutor Michael Bloom, asked Judge Jeffrey Adler Nov. 18 to dismiss the charge, and the judge did.

Scala explained after the hearing that Pastor Murphy’s attorney, Gary Rich, posted $500 with the court to settle the matter with Ellis under a law relating to trespassing animals, but Ellis refused to accept the money.