Dog killed in front of children in McDowell County

Apr. 5—IAEGER — A McDowell County resident was charged with shooting within 500 feet of a dwelling after killing a dog near a ball field where children were playing.

Norman Coleman, 71, of Iaeger was arrested Wednesday and charged with shooting within 500 feet of a dwelling after Cpl. D.T. Martin with the McDowell County Sheriff's Office answered a call from McDowell County 911 about a shots fired complaint. Martin learned that a resident had called and said that a dog was shot by a male subject and that it occurred near a ball field where children were playing. The incident was reported around 6:42 p.m. that day.

Martin said in his criminal complaint that he spoke with a witness who said the dog was at the end of Coleman's property and "directly in front of the ball field" when it was shot. The dog then ran from the property to just outside the ball field's fence and died.

"This Corporal found that there was a deceased dog laying outside the fence of the ball field," Martin said in the criminal complaint. "The Corporal next made contact with a male subject from where the now deceased dog ran from. This Corporal found that the defendant (Coleman) admitted to shooting the said dog."

Martin said in the criminal complaint that Coleman told him how he tried to shoo the dog away after it came onto his property and that "the dog ran but then came back growling at him. The defendant then advised that he went back inside, and obtained a .22-caliber firearm. The defendant then advised this Corporal that he went back outside and fired upon the dog. It should be noted that the defendant advised this Corporal that the dog was shot at the bottom of his steps which is inconsistent with what the witnessed advised."

"This Corporal found that the defendant was not in immediate apprehension of receiving a violent or deadly injury and that law enforcement should have been contacted to handle the situation," Martin said. "This Corporal further found that the shooting of the dog wasn't in self defense as the defendant was safe inside his own home until re-engaging the reported growling dog a second time with intent to shoot and kill it. This Corporal found lastly that the defendant placed the children on the ball field in danger of receiving an injury."

Martin said that Coleman told him that "he had forgotten about the children on the ball field but that he immediately recalled it after firing the gun."

"It should be further noted that this Corporal believes that the defendant knew he had done wrong after recalling that the children were on the ball field," Martin said in his criminal complaint.

Witnesses said that the dog had been playing with children before it was shot and was not aggressive, Martin said. There were eight homes within 500 feet of Coleman's residence "and the location of where he fired."

Coleman was arrested and later arraigned before Magistrate Mark Shelton. Coleman was released on a $1,000 bond, according to records at the McDowell County Magistrate Clerk's Office.

In West Virginia, shooting within 500 feet of a dwelling is a misdemeanor with a possible penalty of up to 100 days in jail, a fine of $50 to $500, or both jail and a fine, according to the West Virginia Code.

— Contact Greg Jordan at gjordan@bdtonline.com

Contact Greg Jordan at gjordan@bdtonline.com