News & Observer | newsobserver.com | Grieving owner says man killed chihuahua

Crime & Safety

Published: Sep 08, 2008 02:25 PM
Modified: Sep 08, 2008 02:48 PM

Grieving owner says man killed chihuahua

 

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Audio: Hear Betty Richardson tell her version of her dog Noah's death.
Audio: Hear David Upchurch tell his version of the events.
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RALEIGH - Inside her family room, Betty Richardson has fashioned a shrine to Noah, her 5-pound, long-haired chihuahua.

On top of an African drum, there's a photo of Noah staring into the camera. Richardson used a black Sharpie pen to write "My sweet boy Noah...R.I.P." on the picture. Also atop the drum: Noah's paw print embedded in clay. And there's a drawstring bag of burgundy-colored velvet with gold lettering that reads, "Until We Meet Again At The Rainbow Bridge."

Inside the velvet bag are Noah's ashes from the Faithful Friends Pet Cremation Service in Raleigh. On a small shelf just above the African drum are sympathy cards.

Noah was killed Aug. 30 in front of his home. He had celebrated his 12th birthday on June 14.

Police on Friday charged Richardson's neighbor David Lance Upchurch, an employee of The News & Observer's information services department, with Noah's death.

Upchurch, 37, of 1028 Cookwood Court turned himself in Friday after a police animal control officer obtained an arrest warrant charging him with cruelty to animals, a misdemeanor.

By all accounts Noah was a well loved - some would say spoiled - little dog.

Richardson hired her mother to watch Noah each weekday from noon until 4 p.m. when she arrived home from work so that Noah would not get lonely. Noah was permitted to sit in a window each day at 3 p.m. until he saw Richardson's car pull into the driveway. Noah owned a Coach brand collar, an N.C. State jacket for going out on cool days and a raincoat for wet ones. He rarely wore the pajamas Richardson bought for him.

"I guess I'll have to give all of his stuff to Goodwill," Richardson said Saturday.

This is what Richardson said occurred on the day Noah died:

Richardson, her mother and Noah were on their front lawn at 1008 Cookwood Court when Upchurch came walking up the cul de sac with Sasha, his black Labrador retriever. Noah ran to Sasha and Upchurch in front of Richardson's mailbox. Noah sniffed Sasha, and the two dogs growled at each other.

Richardson said she reached down to pick up Noah, but Upchurch grabbed Noah, flipped him over on his back and held the dog down while squeezing him between his breastbone and neck with a thumb and forefinger.

"I told him, 'Don't do that,'" Richardson said. "He told me, 'No. This is what would happen if another dog wanted to kill your dog.' "

Richardson said she scooped Noah up and took him inside. About five minutes later, her mother told her something was wrong with Noah. The dog's eyes were rolling toward the back of his head and his tongue was lolling out of his mouth. Richardson rushed him to the Knightdale Animal Hospital where he was pronounced dead.

Noah's autopsy was performed at Rollins Diagnostic Laboratory on Blue Ridge Road. Richardson said a veterinarian there told her a thumbprint was found under Noah's fur where he had been pinned down. The doctor could not be reached this afternoon.

Upchurch described the incident as a case of self-defense against a dog attack.

"Does Noah have teeth?" he replied when asked how threatened he felt by a dog that weighed about as much as a bag of Dixie Crystals sugar.

Upchurch said he, too, is a dog lover. He owns two Labs -- Sasha and Tyson, a golden Lab.

Upchurch said he and Sasha were walking past Richardson's house when an unleashed Noah came into the street and attacked his 100-pound dog.

"Noah came out and attacked by growling, snarling with his teeth showing," Upchurch said. "I've been around dogs enough to know there was an attack."

Richardson was on the phone and too far away to stop "the aggressive biting behavior," Upchurch said.

Sasha stood behind Upchurch out of fear of Noah, Upchurch said.

Only after seeing there wasn't going to be any letup in Noah's behavior, Upchurch said, did he grab the chihuahua, turn it on its side and hold in there until Richardson arrived.

"When she got there I released Noah into her custody," Upchurch said. "Betty told me he shouldn't been outside and that she knows he's so spoiled."

Richardson and Noah went inside and Upchurch continued walking Sasha.

Two hours later the police showed up at Upchurch's home and told him that Noah had died.

"I was completely shocked," Upchurch said.

Upchurch was released from custody Friday after posting a $500 bond.

Meanwhile, Richardson said she is setting up a scholarship in Noah's memory. Noah's Bark will pay up to $100 each year for textbooks for anyone attending vet school in North Carolina.

"That's how passionate I was about my dog," Richardson said.

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