CENTERTON -- Local prosecutors declined to file criminal charges against Centerton's former animal shelter director for euthanizing two dogs.
Capt. Christopher Kelley with the Centerton Police Department said the investigation was turned over to Benton County Prosecuting Attorney Nathan Smith and then Centerton City Attorney Brian Rabal.
Mayor Bill Edwards previously said he was contacted by a resident Nov. 17 about two dogs being euthanized the previous day at the shelter. He said he had the city's human resources department inquire about the incident.
The dogs were placed in two separate kennels at the shelter a few hours after the Cave Springs Police Department dropped them off, Edwards said. Shortly thereafter, the dogs damaged the indoor kennels, he said. The dogs were then placed outside and damaged the outdoor kennel, he said.
Then-Director Cody Wilson decided to euthanize the dogs the following morning for acting in a destructive manner, Edwards said.
Lt. Keith Lawson of the Cave Springs Police Department said the dogs were found Nov. 9. They were kept for seven days at the Cave Springs police station until they were taken to the Centerton shelter Nov. 16, he said.
Wilson was fired as shelter director Nov. 22.
Kelley said Wednesday that the Benton County prosecuting attorney's office declined to prosecute the case on the felony level and recommended that police send the case to Rabal, the city's prosecutor.
Rabal said after Wilson's firing that the investigation determined the dogs were not euthanized in accordance with city policy.
"This was a very lengthy investigation, and I feel no stones were left unturned," Kelley said. "We presented the best case we could to the prosecutor's office so they could give their best educated and unbiased opinion on the case. With the declination of charges from the prosecutor's offices, our case will be marked as closed."
Arkansas law criminalizes cruelty to animals, generally defined as mistreatment or torture, Smith said.
"The euthanasia of the dogs in this case does not appear to have been done to inflict mistreatment or torture, but rather due to the shelter employee's belief that the dogs displayed aggressive behavior," Smith said. "Regardless of whether this employee made the right decision, I do not believe that his decision constituted a criminal act."
Edwards placed the shelter under the Police Department's supervision after Wilson's termination. He said the shelter will remain under the direction of the department.
The city is hiring a second animal control officer, and the current one will have the title of senior animal control officer, Edwards said.