STAUNTON — After Army tours in Afghanistan, Iraq and Kuwait, Joeseph Sande, like many veterans, suffered from post-traumatic stress disorder (PTSD), anxiety and depression.
For two years he trained his dog, a Husky named "Bear," to become his service animal to help alleviate his symptoms.
But in September of last year, the dog was shot and killed by Sande's neighbor, 67-year-old Louis E. Davis Jr. The Waynesboro man was convicted in February on a charge of animal cruelty after pleading no contest to the felony.
On Wednesday in Augusta County Circuit Court, Davis was sentenced to six months in jail for killing the dog.
Evidence showed that Davis shot the dog with a .44 revolver the morning of Sept. 15. The shooting took place in the 200 block of Rip Rap Road near Waynesboro.
Sande testified Wednesday he was at home studying for his master's degree on the day of the incident when he heard a gunshot "and then a howl from Bear." Sande said he got in his truck, drove a short distance and found the dog. "He was laying in the road bleeding out," he said.
After placing the dog in his truck and heading to an animal hospital, Sande said he put his hand on the canine as he drove. "I felt his dying breath," Sande said.
Previous testimony showed that deputies questioned Davis at his home, where he lived for 35 years before a condition of his bond forced him to relocate to a relative's house pending the outcome of his case. Sgt. Mike Roane of the Augusta County Sheriff's Office testified last year that Davis told him he wasn't initially sure if he shot a dog or coyote. Davis also claimed he wasn't shooting at the animal, and said the bullet ricocheted some 30 yards off the ground and struck the dog.
Roane said there was no evidence at the scene indicating a bullet had hit the ground, and he said Davis eventually changed his story and admitted shooting the dog at the top of his driveway. Roane said there were no signs the dog ventured onto Davis' property.
The canine was shot in the spine.
At a September bond hearing, several family members testified on Davis' behalf and said he too suffers from PTSD. His wife of 45 years said it was a result of him finding their son dead in his bedroom more than a decade ago. According to testimony heard Wednesday, his son suffered from cystic fibrosis and died unexpectedly.
His daughter said in court Wednesday that Davis is an animal lover, and that the killing of the dog last year was a "complete accident."
Defense attorney Scott Hansen said Davis and Sande didn't know each other prior to the shooting, and suggested Davis believed he was shooting at a coyote in an effort to keep some neighborhood cats safe. He also noted the dog was loose and off its property when killed.
Augusta County Assistant Commonwealth's Attorney Kyle Powers, who sought a one-year jail term, said Davis was reckless when he opened fire in the neighborhood and shot toward the street, instead of simply shooing the animal away.
"This is extremely reckless behavior," Powers said.
Prior to being sentenced, Davis apologized, stating he was "deeply sorry" his actions led to the death of the Husky.
Circuit Judge Shannon Sherrill, who stated he shoots at targets, said Davis' story of accidentally shooting the dog with a single-shot revolver from some distance "doesn't add up." The judge said he found it "borderline implausible" the shooting was accidental.
Sherrill sentenced Davis to two years behind bars, suspending all but six months, time that will be served at Middle River Regional Jail in Verona. Davis will also be placed on one year of probation once he is released, and can't have any contact with Sande or his wife.
Davis, who was handcuffed and taken to jail following the hearing, was also ordered to pay $297 in restitution.
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Brad Zinn is the cops, courts and breaking news reporter at The News Leader. Have a news tip? Or something that needs investigating? You can email reporter Brad Zinn (he/him) at bzinn@newsleader.com. You can also follow him on X (formerly Twitter).
