GOLDEN — A Lakewood man contends he was trying to pull a loaded .357-caliber Magnum pistol away from a neighbor’s dog when the gun went off and the Jack Russell mix lay dead.
The dog, Patches, was shot between the eyes during the July 2008 incident.
In opening statements today, defense attorney Walter Gerash said Ryan Hayes had a “really tender” relationship with Patches, who had been visiting the Hayes home along with his owner, Marlys Duggan.
Witnesses will testify during the three-day trial that the man never would have intentionally shot the dog, Gerash said, adding: “It was an accident. This case never should have been filed.”
Prosecutors said Hayes, who has been charged with aggravated animal cruelty, had been drinking heavily and knew the trigger had to be pulled to fire the pistol.
Hayes, 49, also changed his story, prosecutors said. He initially told police the small terrier shot itself while playing with the pistol.
Ann Schrader: 303-278-3217 or aschrader@denverpost.com
