A Douglas County man accused of killing a dog with a pellet gun in September now faces a single, felony charge, the district attorney’s office said.

On Friday, Douglas County District Attorney Charles Branson said his office filed a summons for 65-year-old David Herren to appear in court regarding the charge, felony cruelty to animals.

The criminal statute describes the crime as one committed “knowingly and maliciously” and “with specific intent to do a harmful act without a reasonable justification or excuse,” the release said.

Herren has not been arrested regarding the charge.

On Sept. 28, Jessica Graff said she found her family’s Brittany Spaniel, Arlo, dead right outside their home in the 1700 block of E. 1318 Road. The home is just north of Lawrence and technically in Douglas County.

Graff said she briefly left Arlo alone outside with her 3-year-old daughter around 10 a.m.

Douglas County Sheriff’s Office Sgt. Kristen Dymacek said Graff’s neighbor, now known to be Herren, told investigators he shot Arlo with a pellet gun because the dog had been on his property.

However, Graff has said her family strongly disagrees with Herren’s statement.

Arlo’s autopsy, completed by the Lawrence Humane Society, indicated that the dog had been shot in the heart and the lung, Graff said. This evidence shows that Arlo was found dead within a few feet of where he was shot.

From where Arlo was found, it is at least 160 feet to Herren’s property, Graff said. That distance is too far for a dog to move after having been shot through the heart, she said.

Graff said she and her family are “extremely relieved” regarding the charge filed against Herren.

Herren is ordered to appear in court on Nov. 17 at 3 p.m.