Don Dube, 50, was initially charged with “purposely” torturing a cat by throwing it against a wall in a fit of rage at 95 Church St., Laconia, on June 25, during a domestic dispute with his girlfriend.
Within days of the arrest, Laconia Police Prosecutor Jim Sawyer said he amended the language of the complaint to allege that Dube's acted “negligently,” after reviewing the case on the day of a scheduled probable cause hearing, as he didn't believe that with the evidence available that he would be able to prove a felony level charge.
Police had also filed a misdemeanor animal cruelty charge alleging that Dube “negligently mistreated” an animal by falling on a two-week-old kitten killing it, during a physical altercation.
Dube had pleaded not guilty to both charges and on August 25, Judge Jim Carroll dismissed them after Sawyer indicated he was not going to prosecute the cases.
On the same day, Dube pleaded guilty to an amended complaint of simple assault for purposely engaging in a fight entered into by mutual conduct for shoving his girlfriend. He was found guilty and fined $310 on the condition of good behavior for two years.
Sawyer also declined to prosecute three related charges pending against Dube for the same alleged conduct, one count of simple assault and two counts of domestic violence-related simple assault.
(Citizen.com - Sept 10, 2015)
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