Man gets judicial diversion for shooting neighbor?s dog

A man who shot his neighbor?s dog because it was making his own dog bark was granted probation and ordered to pay the veterinary bills.

The defendant, Aloy Serna Almaguer, 37, was granted a one-year judicial diversion on the charge of aggravated animal cruelty, meaning his record will be erased if he completes the one-year probationary period without further legal problems. The erasure could be important since a second-offense arrest for aggravated animal cruelty is considered a felony, carrying one to two years in prison. He will also be required to pay $351 restitution for vet bills, perform 16 hours community service work, and is to have no contact with the dog?s owner.

The charges were brought last month after the miniature schnauzer, owned by Brenda Allbright of Pace Street, was shot by Almaguer.

The dog, named Harley, ran out the door of her house as Allbright was preparing to do some yard work. She told police she paused a minute to find her work gloves and heard a gunshot from outside, followed by the yelping of her pet.

It was moments later Almaguer brought the animal to her, at first not admitting he was the one who fired the shot. Another neighbor reportedly witnessed the incident. It was later, after bringing the dog to Allbright, that Almaguer admitted he had shot the dog, saying he was annoyed the animal had made his dogs bark.

One of the dog?s legs had to be amputated.