Grayslake-area dog-shooting case hits a snag
The case against a Grayslake-area man charged with shooting a stray dog to death suffered a setback Monday when a judge ruled prosecutors can't bring 18 firearms into court so a witness can testify which one she reportedly saw the defendant fire.
Lake County Associate Judge Theodore Potkonjak also decided to separate a weapons possession charge against Elvin Dooley, 57, from the animal cruelty and animal torture charges he faces following the Jan. 26 incident.
The felony weapons possession charge will be combined with an unlawful use of a weapon by a felon charge that's set to be tried separately from the animal cruelty case.
Assistant State's Attorney Michael Mermel said he plans to appeal Potkonjak's decision by filing a certificate of impairment with the state appellate court.
The animal cruelty case is on hold until the appellate court rules. The weapons case is set to continue May 7.
Dooley, of the 24000 block of Townline Road, is accused of shooting a small dog that had been dropped off at the Save-A-Pet No Kill Adoption Center near his home. The dog ran off before employees could coax it inside, and a staff member told police she saw Dooley fire a rifle at the animal from a window of his house.
The dog died from a single gunshot wound to its neck.
Police later recovered 18 weapons and thousands of rounds of ammunition.
Dooley, being held at the Lake County jail, attended the hearing in the traditional dark-blue jail garb and stood silent throughout the proceedings.
Defense attorneys Sharmila Manak and LaTonya Burton of the public defender's office represented Dooley. Manak successfully argued the weapons case should be separated from the animal cruelty case.
In court Monday, Mermel admitted his office doesn't know which weapon was used to kill the dog. A ballistics test can't be conducted, Mermel said, because the bullet that killed the dog wasn't recovered.
Mermel said he wanted a witness to pick the rifle she saw out of the selection of guns authorities seized in the case, a concept Potkonjak rejected.
Prosecutors can't bring all the weapons into the courtroom, Potkonjak said, because it is prejudicial against Dooley.
Mermel protested but Potkonjak shut him down, telling him not to make a speech.
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<ul class="links">
<li><a href="/story/?id=370212">Dog killing trial set to begin on Monday <span class="date">[4/2/10]</span></a></li>
<li><a href="/story/?id=363614">Suspect in Grayslake-area dog shooting denied release to see doc <span class="date">[3/4/10]</span></a></li>
<li><a href="/story/?id=363247">Arraignment postponed in Grayslake-area dog-shooting case<span class="date">[3/3/10]</span></a></li>
<li><a href="/story/?id=361730">Grayslake-area dog-shooting suspect hit with 38 felony charges <span class="date">[2/24/10]</span></a></li>
<li><a href="/story/?id=356818">Bond reduced in Grayslake-area animal cruelty, weapons case<span class="date">[2/4/10]</span></a></li>
<li><a href="/story/?id=355302">Bond set at $400,000 in dog shooting; 21 weapons confiscated, police say <span class="date">[01/30/2010]</span></a></li>
<li><a href="/story/?id=355053">Grayslake man charged with shooting runaway dog <span class="date">[01/29/2010]</span></a></li>
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