Records in Vienna dog-shooting case removed from public view

Staff report

GIRARD

Judge Jeffrey Adler of Girard Municipal Court has sealed the records in the criminal case filed last year against Pastor David Murphy of Vienna, who shot his neighbor’s dog in October, and the animal had to be euthanized.

Judge Adler had a hearing July 21, at which time he heard arguments for and against sealing the records. At the end of the hearing, the judge said he would take the matter under advisement and make a decision later.

At the request of the prosecutor, the judge dismissed the misdemeanor charge of injuring animals filed against Murphy. Murphy then paid $800 as damages to the dog’s owner.

As of last week, the case was still visible on the court’s website, but as of Monday, it is gone. A court clerk said “there are no records” related to the case. In similar situations in other courts, judges have said that after approving an expungement, they can no longer say anything about such cases.

Judge Adler could not be reached to comment Monday. But Atty. Gary Rich, who represents Murphy, confirmed that Judge Adler granted the sealing.

The killing of the dog, named Tucker, resulted in creation of a Facebook page that received a lot of area attention. It led to a yard-sign campaign seeking “Justice For Tucker.”

Murphy, 61, of Niles-Vienna Road, said he shot the dog Oct. 24 because it was acting aggressively toward his chickens, which were caged in his backyard.

Another dog with the black Labrador retriever was not hit by the gunfire.

The Labrador’s owner, Kimberly Ellis, of nearby Warren-Sharon Road, told police she was working in her backyard with her dogs unleashed when she realized Tucker was missing.

After about an hour of searching, Ellis found Tucker near Murphy’s residence.

She later learned at a veterinarian’s office the dog had three gunshot wounds, one of which severed the dog’s spine.

She had the dog euthanized.