A Lincoln County Circuit Court sentenced Tyson Kay (47) to 18 months in prison for killing Daisy, a Black Labrador/Retriever owned by his neighbors, following a two-day trial.
Kay, who was found guilty of first-degree aggravated animal abuse and first-degree animal abuse, was sentenced on Friday by Judge Amanda Benjamin for shooting Daisy with a birdshot-loaded shotgun on his property on NE Yaquina Heights Drive.
On July 5 last year, law enforcement responded to a complaint from Daisy’s owner, Sharon Biddinger, and discovered the animal wet and panting heavily.
Daisy was rushed to the Grove Veterinary Clinic, where it was discovered that she had been hit by dozens of small metal pellets, consistent with birdshot.
Daisy Was Shot With Dozens of Small Metal Pellets
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Daisy died as a result of her injuries, which were severe.
At trial, Kay claimed he shot Daisy to defend newborn chicks on his farm. He also denied knowing that the shotgun was loaded with birdshot.
However, his statement was contradictory to what he told law enforcement investigators on the day of the offense.
Kay repeatedly informed the police that he had loaded his shotgun and planned to shoot Daisy if she appeared on his property. He also informed investigators that Daisy had not chased any animals on his property before he shot her.
On Friday, District Attorney Jenna Wallace sought the court to impose a prison sentence, citing Kay’s probation status at the time of the shooting and his unlawful use of a pistol to kill Daisy. Wallace stated that Kay had 15 prior criminal convictions spanning 20 years, demonstrating his contempt for the law, and that his past convictions had not deterred his continued criminal activity.
Judge Benjamin passed sentence, citing substantial and compelling reasons for imposing an 18-month prison sentence with 24 months of post-release supervision. Kay’s shotgun was forfeited, and he has been forbidden from carrying firearms since his release from prison.
Judge Described Kay’s Actions as Callous and Cruel
Daisy, according to Judge Benjamin, was a family member of the Biddingers, and Kay’s choice to shoot her as she fled was “callous and cruel.” She also took Kay’s criminal history into account while imposing the punishment.