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.
