State v. Long

Willis E. Long, Jr., appeals a first degree malicious mischief conviction for killing two hunting dogs. Long contends that: (1) he was entitled to shoot the dogs because they had chased a wild deer across his property; and (2) the prosecution should have charged him with a gross misdemeanor for killing pets rather than with felony destruction of property worth more than $1,500. Holding that the prosecutor had discretion to charge under either statute and finding no reversible error, we affirm.

FACTS

William Acorn owned two Walker hound hunting dogs, Rowdy and Sparkle, valued between $5,000 and…