Vienna man charged for purportedly shooting neighbor’s dog

October 26, 2015 at 11:47a.m.

VIENNA

A man who is apparently pastor of a Niles church is charged in Girard Municipal Court with misdemeanor injuring animals for purportedly causing fatal injuries by shooting his neighbor’s dog.

David W. Murphy, 61, of Niles Vienna Road was charged today in Girard Municipal Court in the Saturday incident. He will be arraigned Nov. 17.

The owner of the dog, a black labrador retriever 15 months old named Tucker, told police she was working in the yard of her home on Warren-Sharon Road when the dog got loose.

The woman heard gunshots and heard an animal yelping in the distance, said Vienna Township Police Chief Bob Ludt.

The owner found the dog alive but seriously wounded and took it to a veterinarian in Akron. The veterinarian said the dog could not be saved, and it was put down, the chief said.

Patrolman Greg Tackett investigated the matter later Saturday, speaking to the dog’s owner and Murphy, Ludt said. The chief reviewed the matter with the patrolman and Girard’s prosecutor, Michael Bloom, this morning, Ludt said.

Murphy apparently believed he had a right to kill the dog because Murphy has a chicken coop full of chickens on his property, Ludt said. Ohio law does provide an “affirmative defense” in the case of livestock being attacked, but “I’m not sure if it fits” in this case, Ludt said, adding: “We believe we have enough probable cause” to file the charge.