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Prosecutors to consider second trial in dog shooting

Lake County prosecutors said Thursday they will study an appellate court ruling ordering a new trial for a Grayslake man convicted of shooting a dog in his yard before deciding if a second trial will be set.

The 2nd District Appellate Court in Elgin ruled this week that prosecutors' conduct violated Elvin Dooley's right to a fair trial in the 2010 proceeding. Dooley, 59, was found guilty of aggravated cruelty to animals for shooting a small dog that had run away from an animal shelter near his home on Jan. 24, 2010.

He was sentenced to 20 months in prison. State Department of Corrections records indicate Dooley has served his term and has been released from parole.

Dooley was charged with shooting the dog by firing a rifle from one of the windows of his home as the dog ran in a large field at the rear of Dooley's residence in the 24000 block of Townline Road.

He argued that he frequently took target practice from the same window, pointing at barrels and other objects set up down range from his house. He said the dog was shot by accident when it ran into his line of fire.

The appellate court ruling says comments and conduct by assistant state's attorneys Michael Mermel and Raquel Robles-Eshbach deprived Dooley's attorneys of the right to argue the shooting was accidental.

The ruling says it was improper for Mermel to state during his closing argument that Dooley used deer corn as bait to bring animals into his “little shooting gallery” for “blood sport and skill killing.”

The justices also said Circuit Judge James Booras should have granted a defense request to instruct the jury to disregard the fact that Robles-Eshbach cried briefly during her closing argument.

Deputy State's Attorney Jeff Pavletic said he will confer with State's Attorney Michael Waller and other prosecutors before a decision is made to retry Dooley in the case.

Pavletic said the state has 35 days to decide if there will be a second trial, if the case will be appealed to the state Supreme Court or the charges against Dooley will be dismissed.

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