Rogers Man Shoots Dog With AK-47, Police Say

Kelly Dean Peninger

A Rogers man was arrested after allegedly shooting a dog with an AK-47, according to a police report.

The man was identified as Kelley Peninger, 45, of Rogers, according to the report.

On March 22, 2014, at 2:44 p.m., officers were dispatched to the 3500 block of West Sunset Drive for an animal complaint, according to the report.

A black Labrador retriever was found severely injured, according to the report.

Officers on the scene made contact with the person that phoned in the animal complaint and identified her as Arteena Libey.

The dog was found behind a backyard and not far from its home. Libey reported that she heard two gunshots come from behind her residence in the neighborhood and then she discovered the dog in an easement just prior to calling the authorities, according to the report.

Authorities followed a trail of blood from where the dog was resting. The trail led to another residence nearby and under the gate of a fence. The blood accumulated in what appeared to be a dug in hole under the gate, according to the report.

Eventually, authorities made contact with Peninger who stated that he heard his two dogs yelping in the back yard. He looked and saw a black lab attempting to invade the doghouse where his animals were located, according to the report.

Peninger said he got his AK-47 rifle to defend his animals. He said he fired one shot, and the dog proceeded toward the back fence of Peninger’s yard. However, the dog reportedly appeared to circle back around and move toward the doghouse again, according to the report.

Peninger stated that he fired another shot at the dog, and the animal left his property under the backyard gate, according to the report.

The suspect stated that he believed if he hadn’t acted quickly, his dogs would have been severely injured or killed, so, he chose to defend his animals quickly instead of contacting police due to the amount of time he believed it would have taken police to respond, according to the report.

Peninger said he recognized the dog as the neighbor’s animal, and reported it had been in his backyard before, but it had never taken such action. Peninger also said Jonathan Engle, 38, was the dog’s owner, and they’d argued about the situation in the past, according to the report.

Eventually, Adrian Engle, wife of Jonathan, the dog’s owner, acknowledged the dog. She identified the lab as “Shadow.” She appeared emotionally concerned for her dog, according to the report.

Shadow was moved into the care of Animal Control, and it was believed that the dog would most likely be euthanized due to the extent of its injuries, according to the report.

Jonathan showed up and spoke with police, saying, he was aware the dog had been getting loose from their backyard underneath the fenced gate at times, but he was not aware of Shadow ever entering Peninger’s property. He acknowledged that he and Peninger had verbal altercations in the past over various issues and said he attempted to keep his distance form Peninger because they couldn’t ever come to any agreements, according to the report.

Jonathan reported that six months ago, Shadow was attacked by an unknown person armed with a machete in their backyard. Shadow suffered a severe cut to the face as a result, according to the report.

Authorities spoke with Libey again who said she heard two gun shots approximately two to three seconds in between each shot. She reported that she then heard a dog yelping, but she didn’t hear any yelping or barking prior to the gunshots. After the shots were fired, she said she found Shadow behind her fence, according to the report.

Another neighbor, identified as Marlene Gregory, 62, was consulted, and she said she heard two gunshots with approximately three to five seconds between each shot. She reported that she did not hear any barking from dogs in the area before the gun was fired, according to the report.

One more officer arrived to take photographs for evidence and shot pictures of Peninger’s gate and the dog owner’s gate. The report states that although pictures show gray bricks on the inside of the gate to Peninger’s residence, officers noted that they weren’t observed there when they arrived on scene.

The report also states that although pictures show the gate to the dog owner’s property locked and closed, it was found opened inwards by officers when they arrived. Officers also noted that the metal gate latch was not locked into place, and the post where the gate hinges were attached to was unstable, making the gate unstable as well, thus, leading to the possibility of it being manipulated, according to the report.

Later, it was discovered that while being transported to Springdale to be treated, Shadow died, according to the report.

Eventually a warrant was issued for Peninger’s arrest, and he was booked into the Benton County Detention Center where he faces charges of cruelty to animals and discharging a firearm in the city.

19 comments

  • Justice For the DOG

    Sounds fishy to me. Especially since no one heard the dog or his two dogs barking. He needs to be prosecuted to the fullest extent of the law. What is next if he does not like or has disagreements with someone.

  • Another excuse for murderers

    We need a stand your ground law so this guy can have a defense when he goes to trial after killing someone in a dispute.

    • Dora

      The last thing Arkansas needs is a stand your ground law. The tourist industry of Florida and Georgia have already taken big hits. We want people to come to Arkansas not be scared of the people who live here.

      These laws have to be repealed in other states and probably will be after the November election.

  • Juan Gonzalez-Hernandez-Melendez-Martinez

    He should have saved those rounds for the two convicted killers over in Oklahoma. Since those idiots botched the executions we will be feeding the surviving one for another 40 years.

  • John

    So perception apparently matter more than truth in our society. A dog invaded a person’s private property, that person dispatched of the property and now he’s charged with a crime. What is the charge again? Not being likeable? Keep doing this and see what happens.

      • Lawful Constitutional Justice for All

        Maybe so, BUT–

        Rogers city ordinances, chapter 6, Sec. 34-1. Firearms and weapons; discharging.

        No person shall shoot or discharge any firearms of whatever name, size or description within the city except:

        (1) In the design, testing and manufacturing of firearms by a licensed manufacturer and only in a place so designed and constructed where the projectile cannot escape the confines thereof;

        (2) In an indoor public or private shooting range and only in a place so designed and constructed where the projectile cannot escape the confines thereof; or

        (3) In an outdoor public or private shooting range which has been reviewed by the police department and approved by the public safety committee of the city council.

        HOWEVER-

        Nothing shows in Benton County

        AND

        Ark. State Constitution-Article II Section 5-The citizens of this State shall have the right to keep and bear arms for their common defense (does not state what kind or how many)

        Ark State Code-5-2-620. Use of force to defend persons and property within home.

        (a) The right of an individual to defend himself or herself and the life of a person or property in the individual’s home against harm, injury, or loss by a person unlawfully entering or attempting to enter or intrude into the home is reaffirmed as a fundamental right to be preserved and promoted as a public policy in this state. (Dog is not considered a “person”, but his property “his dogs” were being defended against the intruding dog)

        (b) There is a legal presumption that any force or means used to accomplish a purpose described in subsection (a) of this section was exercised in a lawful and necessary manner, unless the presumption is overcome by clear and convincing evidence to the contrary.

        (c) The public policy stated in subsection (a) of this section shall be strictly complied with by the court and an appropriate instruction of this public policy shall be given to a jury sitting in trial of criminal charges brought in connection with this public policy.

        US Constitution-Amendment II, A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. (Also, does not state what kind or how many)

        That’s just a small part of the issue from the “gun side”

        From the dog side-Many people say the same things about other breeds (Pit Bulls) also being “friendly” animals too. Better read the news and do some research on dogs (with or without rabies). We the readers can’t be sure it was rabies free, neither could Mr. Peninger, nor can he be expected to appreciate if the dog was “friendly” as some are “advertising”. I have large dogs and so does my family. Those dogs are friendly too-BUT NOT NECESSARILY TO STRANGERS, children or adult! My animals are ALWAYS supervised and controlled/leashed.

        Because you never know.

        My guess-Peninger MIGHT get a fine (small) if anything at all-Hope he gets a good lawyer to put an end to this nonsense.

  • Lawful Constitutional Justice for All

    DEFINITELY FISHY, or the complete story is not reported—This should have been handled in a neighborly fashion. But regardless, what about the intruding dog’s owners? I hope Mr. Peninger sues them. The Engle’s unlawful failure to control their animal was not mentioned here. Whether the Engle’s dog was hostile or not, it SHOULD NOT have been in Mr. Peninger’s back yard-PERIOD. Engle’s dog had escaped before, and he said it did in the past. Mr. Peninger’s dogs were under control. Engle’s dog DOES NOT get to walk the streets unleashed. Fence gate “could have been” manipulated-sure, let’s let police be the judge, jury and executioner. They should just report the facts and observations, not opinions. It’s amazing that only one neighbor (Ms. Libey) reported gunshots and the injured dog. Why didn’t the other neighbor (Ms. Gregory) report it? She was consulted-but did not call 911. Hmmm…. She could have been napping, during a movie and it “COULD HAVE BEEN” the source of the gunshots, yet she “plays along” with the cops to cover her butt, because SHE CANNOT BE SURE OF HER STATEMENT, OR HER SUPPOSED OBSERVATIONS. But she’s 62, and is automatically deemed credible. Hmmm…. Shots fired in a residential neighborhood? Yet only one 911 call? Hmmm…. What if engle’s dog had attacked a young child in the street, or even the easement where the dog eventually laid? I can promise you-If I was Mr. Peninger, I would have tried the neighborly approach twice, maybe 3 times max, even offered to help Engle repair his gate/fence-for free. But after that and Engle still refused to control his dog, Then me, Mr. Mossberg and his military grade 00 buckshot friends in waiting would have fixed the issue with the dog-for free if it entered my property and made advances toward my dogs, regardless. AND because kids that “COULD HAVE BEEN” hurt by a dog that “COULD HAVE BEEN” infected with rabies “COULD HAVE BEEN” deemed an immediate threat.

  • BlueDog Dem

    To avoid prosecution, the arrested individual should have used blow darts laced with Oklahoma’s Death Row drugs.

    Ha!

    Or had Chris Christie sit on the dog. The dog had it coming.

  • Dora

    Cold hearted commenters. Were you mistreated as youngsters? Were you taught to fear and hate?
    A black lab is the friendliest dog there is around. They go and visit, say hello and no one should be shooting them. Call the dog catcher or file a report if it so inflames your mental state. But to shoot a dog with an AK-47? What is this world coming to?
    Neighbors be ye kind one to another.

  • atc8824

    This is kinda a two way fault if the owner knew his fence wasn’t sturdy he should have fixed the fence but at the same time why couldn’t he have just ran the dog off from his property.I have a big Chocolate Lab and his best friend is a chihuahua and he is scared of the chihuahua.Labs are some of the most friendly dogs around.

    • Lawful Constitutional Justice for All

      Read the whole story-

      “Peninger said he got his AK-47 rifle to defend his animals. He said he fired one shot, and the dog proceeded toward the back fence of Peninger’s yard. However, the dog reportedly appeared to circle back around and move toward the doghouse again, according to the report.

      Peninger stated that he fired another shot at the dog, and the animal left his property under the backyard gate, according to the report.

      The suspect stated that he believed if he hadn’t acted quickly, his dogs would have been severely injured or killed, so, he chose to defend his animals quickly instead of contacting police due to the amount of time he believed it would have taken police to respond, according to the report.”

      It has been established judicially that police have no duty to protect you or your property from harm.

      If he had hit the dog with the first shot, he probably would have not been charged. INNOCENT UNTIL PROVEN GUILTY!

      • Anonymous

        How do you explain the fact that multiple people in the neighborhood and NONE of them heard ANYTHING from a dog?

      • atc8824

        The dog circled around because he just got shot and was going to hide.Geez it’s not about the gun its about the man behind the gun.I am all for the 2nd amendment but not cruelty to animals.There was a better way why not put your dogs inside and call animal control?Just because you own a gun doesn’t mean you have to pull it out every time you get angry.I know hunters that couldn’t shoot a dog.

  • Dora

    For all you Second Amendment lovers, please acknowlege the Eighth Amendment. As well as all the others. They are the law.

  • Randy Sayner

    Animal abusers are always dangerous!!! It seems to me the reporting on this has been somewhat… and at best lack-luster on getting down to the absolute facts behind the case at hand!!! I can dang sure feel conifident in saying Im sure the pet owners and their children would make sure their furry family would be safe and protected!!! Seems to me this story as presented is incomplete with the actual facts!!!

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