Lawyer claims dog shot during struggle

GOLDEN, Colo., Feb. 19 (UPI) -- A Colorado defense attorney said a dog was accidentally shot and killed while his client was attempting to stop it from playing with a gun.

Walter Gerash, a lawyer for Ryan Hayes, told the Jefferson County District Court his client had walked into his bedroom July 3 to find Patches, his neighbor's Jack Russell terrier, playing on the floor with a loaded gun, the Rocky Mountain News reported Thursday.

Gerash said the gun fired off a round while Hayes was trying to wrestle it from Patches.

"He was horrified," Gerash said of his client. "He loved this dog and the dog loved him."

Hayes is accused of aggravated animal cruelty, reckless endangerment and prohibited use of a weapon while drunk. Prosecutors claim he shot and killed Patches after the dog's owner, neighbor Marlys Duggan, brought the pet with her during a visit to the home Hayes shares with his mother.