Bella Vista man admits to shooting, killing neighbor's dog

Mark Mittermeier
Mark Mittermeier

BENTONVILLE -- A Bella Vista man was sentenced to five days in the Benton County Jail for shooting and killing a neighbor's dog.

Mark Mittermeier, 66, pleaded guilty Wednesday to misdemeanor animal cruelty under a plea agreement Ben Crabtree, his attorney, reached with Brynna Barnica, deputy prosecutor.

Mittermeier was arrested Nov. 15, 2019.

Mittermeier must turn himself in today to begin his five-day sentence at the county jail. He also must serve 23 days of house arrest and wear an ankle monitor. Mittermeier cannot leave his house except for medical care or court appearances.

He must $1,622 in restitution and be assessed at Ozark Guidance or a similar facility for any mental health issues. He cannot have any contact with the neighbor family, their residence or any domesticated animals for a year. He is also prohibited from having a gun for a year.

Bella Vista police took a report Aug. 29, 2019, concerning a family's pet dog named Copper being shot, according to a probable cause affidavit. A veterinarian removed a pellet from Copper's body, according to court documents.

The 4-year-old pit bull boxer died at an emergency clinic in Springdale.

Police found 19 complaints about Copper's barking, and 18 of the calls came from Mittermeier's residence, according to the affidavit.

Mittermeier lives across a ravine from the family, and had a direct line of sight into their backyard, according to the affidavit. Mittermeier told police he was shooting his rifle and a ricochet may have hit the dog.

Mittermeier went to his neighbor's home and said he wanted to make everything right and pay for the dog's medical bills. Mittermeier said he asked more than once to get the dog to stop barking, according to the affidavit.

Mittermeier said he and his wife are retired and wanted to sleep in.

Police obtained a search warrant, and seized pellet guns and pellets from Mittermeier's home. The evidence was sent to the Arkansas State Crime Laboratory, and testing determined a pellet fired from one of the guns matched the pellet recovered from Copper's body, according to the affidavit.

Barnica gave a statement at Wednesday's hearing on behalf of the victims. She told Circuit Judge Brad Karren the family thought of Copper as a member of their family.

Barnica said Copper's death wasn't easy because he suffered the entire day before he was found bleeding under a deck of the family's home.

"It definitely felt like they lost a family member that day," Barnica said.

Karren said prosecutors showed restraint in charging Mittermeier with a misdemeanor instead of a felony.

"Had this case gone to trial, I don't think he would have been treated as fairly as Mrs. Barnica's recommendation," Karren said.

Tracy M. Neal can be reached by email at [email protected] or Twitter @NWATracy.

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