North Carolina: Convicted felon David Penley, 38, charged with animal cruelty after allegedly killing woman's pet chickens

NORTH CAROLINA -- Asheville police have charged a man with felony cruelty to animals, according to a warrant on file at the Buncombe County Magistrate’s Office.

David Lee Penley, 38, of Narbeth Road, was charged with cruelty stemming from an incident involving a pet chicken, according to the warrant.

Christina Hallingse, public information officer for the Asheville Police Department, said police responded to a report of a “civil disturbance."

Just after midnight Monday, Jill Prescott said she called 911. Prescott said she was awakened by the sounds of “chickens screaming."

She ran outside and “I was screaming at the top of my lungs, please put them down.”

Prescott said the animals were held by the neck, shaken and thrown down onto the ground. One of the animals survived. The other was killed.

The incident occurred less than two weeks after Prescott reported the theft of a chicken from her gated yard.

Prescott said the animals are pets.

Penley previously was jailed for involuntary manslaughter, according to court records.

In 2010, he was charged with second-degree murder in connection with a fatal stabbing of a man at a party. Twice a jury deadlocked and failed to reach a verdict.

In February of 2013, following the second mistrial, Penley pleaded guilty to involuntary manslaughter. He was sentenced to 25 to 30 months in prison, according to the Buncombe County Clerk of Court office.

Records from the N.C. Department of Public Safety indicate he was released from prison in December 2013.

(Asheville Citizen-Times - Feb 22, 2016)