BENJAMIN — A Utah County woman is brokenhearted and animal care groups are outraged over what they say was an unprovoked shooting death of a family dog.
Kay Sherman Mortensen of Payson is charged with discharging a firearm in close proximity of a house in connection with a May 13 incident in unincorporated Utah County. Prosecutors also are "seriously considering" adding a animal cruelty charge, said Matthew Lloyd, deputy county attorney.
Cindy Beddoes believes Mortensen intentionally shot and killed her 4-year-old Great Dane, Sis, as retaliation for a run-in a week earlier in which two of her dogs barked at the man.
Beddoes said Mortensen at that time threatened to kill the dogs and in the days that followed regularly carried a gun when he visited his property near the Beddoes' Benjamin home.
"He had been out here every single day (after that), just waiting," she said.
The dogs were on Beddoes' property on both occasions, she said. On May 13, the Great Dane was in Beddoes' yard when the shot was fired in the direction of the house, she said.
Beddoes said the dog was walking toward Mortensen when the call of her owners caused her to stop and turn her head.
"And that's when he shot her," she said.
Beddoes' husband and adult son both witnessed the shooting, she said.
"I walked out to the back door, I saw (the dog) and I thought, 'Oh, thank God he missed,' " Beddoes said. "Then I heard my husband say, 'You shot her in the (expletive) heart.' Then I saw the blood and the mark of the bullet."
The dog immediately was taken to a Payson veterinarian but died before she could be treated.
John Paul Fox, chief investigator for the Humane Society of Utah, says prosecutors should be able to file a class A misdemeanor charge of aggravated cruelty to animals if Beddoes' description of the events is accurate.
Messages left Wednesday and Thursday for Mortensen and his attorney, M. James Brady, were not returned.
"Under state law, anyone who injures or kills an animal either intentionally, knowingly or recklessly can be taken to court under the cruelty law," Fox said.
The exception, he said, is if the dog is attacking, chasing or threatening a person, another domestic animal or an animal of commercial value.
Beddoes said Mortensen claimed he was being attacked during the first incident and got the Utah County sheriff's office involved.
"I went out there and apologized for my dogs barking," she said.
A week later, when the dog was killed, there was no provocation, Beddoes said.
Lloyd said the charge against Mortensen for discharging a firearm within 600 feet of a house was filed after consulting with the responding sheriff's deputy. However, there is enough evidence, he said, to warrant an animal cruelty charge.
"We do have the dog in mind, and we'll ask for restitution for sure if there's either a guilty plea or a conviction at trial if it gets to that point," Lloyd said. "I'm not ignoring the dog, and the state's not ignoring the dog."
If the animal cruelty charge is filed, Lloyd said it likely will be a class B misdemeanor, allowing the case to remain in Utah County Justice Court. A class B misdemeanor carries a maximum sentence of six months in jail and/or a $1,000 fine.
Terri Smith, a volunteer with the Companion Golden Retriever rescue group, sent an e-mail to other animal care groups encouraging dog-lovers to support Beddoes at Mortensen's first appearance in justice court.
"It's very sad," Smith said. "It really breaks my heart that this woman had to find her dog shot in her yard. Life has enough trials without having to deal with things like that."
A pre-trial hearing for Mortensen is set for 10:15 a.m. Sept. 25 at Utah County Justice Court, 151 S. University Ave., No. 3300, Provo.
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