Man not guilty in Chihuahua's death
Published: Mon, Nov. 03, 2008 04:47PM
Modified Mon, Nov. 03, 2008 04:51PM
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closeRALEIGH -- A Raleigh man was acquitted today of cruelty to animals in the death of his neighbor's Chihuahua.
Wake District Court Judge William Lawton said he could not conclude that the actions of David Upchurch of 1028 Cookwood Court caused the death of the 12-year-old, long-haired Chihuahua, Noah
Lawton said he was required by law to acquit Upchurch, despite his "gut feeling and love of small animals."
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The prosecution contended that Upchurch, 38, fatally injured the dog Aug. 30 by holding him down and squeezing him between his breastbone and neck. The dog died later at Knightdale Animal Hospital.
Lawton said Uchurch's actions were unjustified. But he also noted that Noah had a history of cardiac disease. And though the dog had a bruise where Upchurch held him, Lawton said, he could not determine whether Upchurch caused it.
Upchurch, who works in the information services department of The News & Observer, has said he was defending his black labrador retriever, Sasha, from a growling, teeth-baring Noah. He said he did not apply enough pressure to kill Noah.
Both Upchurch and Noah's owner, Betty Richardson, left the courtroom immediately after the ruling.
thomasi.mcdonald@newsobserver.com or 919-829-4533
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