Gary Cunningham has been accused of killing the pig, named Snork, after it wandered onto his property Jan. 30, The (Elyria, Ohio) Chronicle-Telegram, reported.
Cunningham has been charged with killing an animal and cruelty to animals. His lawyer, James Skelton, asked Judge Lisa Locke Graves Wednesday to dismiss the charges, alleging the pig caused about $1,200 dollars worth of damage, but was only worth about $50.
The judge said the discussion on damages should take place in court.
"I don't believe I can address the motion to dismiss without determining value," she said.
Larry Plas, the owner of the pig, said he was devastated by the loss, as Snork was considered a part of his family.
Cunningham has pleaded not guilty and a pretrial hearing is scheduled to begin May 14.