INDIANA -- A 16-year-old boy is being charged with cruelty to an animal in the case where a dog was severely injured by a thrown firework and then had to be euthanized. The boy also faces a charge of robbery whlle armed with a deadly weapon, a Class B felony.
Because of the nature of these two alleged crimes, Elkhart County Prosecuting attorney Curtis T. Hill Jr. is asking that Marquis Gary, 16, be waived to adult court to face the two charges.
Hill said, “My review of the circumstances surrounding these investigations and leading up to the petitions for delinquency in both matters leads me to believe that the juvenile justice system will not benefit Marquis Gary, and that it is in the best interest of the safety and welfare of this community that he stand trial as an adult.
The cases
Hill authorized the filing of a formal delinquency petition in Juvenile Court against Gary, who was 15 years of age at the time that a female pit bull dog was injured by a firework allegedly thrown at the dog by Gary.
The dog picked up the firecracker, which exploded in her mouth resulting in extensive injuries to her face and mouth, including the obliteration of the bones of the nasal sinuses allowing for the cavities to fill with blood, and a shattered hard palate in the roof of her mouth which destroyed her oral cavity, Hill said.
In addition, the dog’s lower mandible was fractured in numerous places removing the structural support to her lower jaw. As a result of these extensive injuries, the dog was promptly euthanized.
On Monday, Aug. 12, Hill filed that petition that alleges that Gary committed cruelty to an animal, a Class D felony, for knowingly torturing or mutilating a vertebrate animal.
It was during review of the cruelty allegation that it was also determined that a robbery case involving Gary was pending prosecution review based upon an incident alleged June 13.
In that case, Gary was identified as one of three people who allegedly threatened the use of force while armed with a deadly weapon, specifically a gun, in a successful effort to take money from another individual. This separate allegation has resulted in the filing of a formal petition of delinquency against Gary in Juvenile Court for the offense of robbery while armed with a deadly weapon, a Class B felony.
The robbery charge was filed Friday, Aug. 9.
Hill also asked for Gary to be waived to adult court in both actions.
Gary was arrested Thursday, July 8, for an unrelated matter and has been held in the Juvenile Detention Center since that time. A hearing has been scheduled in Juvenile Court for Tuesday, Aug. 13 at 1 p.m.
(Goshen News - Aug 12, 2013)
