YORK COUNTY, Pa. (WHTM) — A York County man who is accused of fatally shooting his neighbor’s dog in January was charged Wednesday, investigators say.

Dean Smith, 71, of Dover, shot a two-year-old Akita dog five times that was on his property, located along Canal Road, on Jan. 22 between 4:30 p.m. and 5 p.m., the York County Detective Bureau wrote in a criminal complaint.

Smith shot at the dog to stop it from attacking a barn kitten and allegedly kept firing even after the dog had dropped the kitten from its mouth, the complaint states.

Smith is quoted in the criminal complaint saying the following to investigators in an interview in April; “The moment I pull that trigger on him, I have to kill him. Do you know what kind of legal lawsuits would pending if he gets back and he’s bleeding to death and hurting and screaming. I just know if he got back home there’s going to be a legal battle.”

The dog was found after it tried to walk back home after being shot and was taken to an emergency veterinarian where it died after going into respiratory arrest, investigators wrote. The veterinarian report said there were multiple gunshots in the dog.

Smith is facing a felony charge of aggravated cruelty to animals – causing serious bodily injury or death.

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Smith is out after he was put on release on recognizance bail and awaits a preliminary hearing scheduled for Sept. 5.

Originally, Northern York County Regional Police investigated the incident and said that charges would not be filed in the case.

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