Arlo, a Brittany Spaniel, was shot and killed on Sept. 28, 2016.

A jury has convicted a Douglas County man of cruelty to animals for shooting and killing his neighbors’ dog.

The trial for David H. Herren began Wednesday in Douglas County District Court, and the jury returned its guilty verdict about 7 p.m. Friday, according to Cheryl Wright Kunard, assistant to District Attorney Charles Branson.

The conviction — cruelty to animals by “knowingly but not maliciously” killing or injuring any animal — is a misdemeanor, according to state statute. Herren was initially charged with felony animal cruelty for “knowingly and maliciously” killing the dog, according to court documents, but jurors found him guilty of the lesser charge.

Herren remains free on bond, according to court records. His sentencing is scheduled for Feb. 23.

The case against Herren stemmed from a Sept. 28, 2016, incident near his home just north of Lawrence.

David H. Herren

The Journal-World previously reported:

Jessica Graff testified at the preliminary hearing that she found her family’s Brittany Spaniel, Arlo, dead that morning right outside her family’s home in the 1700 block of East 1318 Road. Previously, Graff said Herren had complained about Arlo growling at his grandchildren, though she insisted the dog was in no way vicious.

Graff called her husband, Andrew Surmeier, who returned home and confronted Herren, their neighbor to the north.

“He said, ‘Yes, I shot your (expletive) dog,'” Surmeier said of the confrontation.

Surmeier said Herren told him he shot Arlo because the dog had been digging and defecating in his yard. Surmeier called sheriff’s deputies.

A sheriff’s deputy testified at the preliminary hearing that Herren told him he didn’t mean to kill Arlo but only meant to scare the dog away.