Grieving owner says man killed chihuahua

Discussion in 'Cat Dog' started by biguncfan, Sep 8, 2008.

  1. biguncfan

    biguncfan Guest

    I don't know what to say about this story. I've tried to think how I would be in each dog owner's shoes.

    http://www.newsobserver.com/news/crime_safety/story/1211186.html


    RALEIGH - Inside her family room, Betty Richardson has fashioned a shrine to Noah, her 5-pound, long-haired chihuahua.

    On top of an African drum, there's a photo of Noah staring into the camera. Richardson used a black Sharpie pen to write "My sweet boy Noah...R.I.P." on the picture. Also atop the drum: Noah's paw print embedded in clay. And there's a drawstring bag of burgundy-colored velvet with gold lettering that reads, "Until We Meet Again At The Rainbow Bridge."

    Inside the velvet bag are Noah's ashes from the Faithful Friends Pet Cremation Service in Raleigh. On a small shelf just above the African drum are sympathy cards.

    Noah was killed Aug. 30 in front of his home. He had celebrated his 12th birthday on June 14.

    Police on Friday charged Richardson's neighbor David Lance Upchurch, an employee of The News & Observer's information services department, with Noah's death.

    Upchurch, 37, of 1028 Cookwood Court turned himself in Friday after a police animal control officer obtained an arrest warrant charging him with cruelty to animals, a misdemeanor.

    By all accounts Noah was a well loved - some would say spoiled - little dog.

    Richardson hired her mother to watch Noah each weekday from noon until 4 p.m. when she arrived home from work so that Noah would not get lonely. Noah was permitted to sit in a window each day at 3 p.m. until he saw Richardson's car pull into the driveway. Noah owned a Coach brand collar, an N.C. State jacket for going out on cool days and a raincoat for wet ones. He rarely wore the pajamas Richardson bought for him.

    "I guess I'll have to give all of his stuff to Goodwill," Richardson said Saturday.

    This is what Richardson said occurred on the day Noah died:

    Richardson, her mother and Noah were on their front lawn at 1008 Cookwood Court when Upchurch came walking up the cul de sac with Sasha, his black Labrador retriever. Noah ran to Sasha and Upchurch in front of Richardson's mailbox. Noah sniffed Sasha, and the two dogs growled at each other.

    Richardson said she reached down to pick up Noah, but Upchurch grabbed Noah, flipped him over on his back and held the dog down while squeezing him between his breastbone and neck with a thumb and forefinger.

    "I told him, 'Don't do that,'" Richardson said. "He told me, 'No. This is what would happen if another dog wanted to kill your dog.' "

    Richardson said she scooped Noah up and took him inside. About five minutes later, her mother told her something was wrong with Noah. The dog's eyes were rolling toward the back of his head and his tongue was lolling out of his mouth. Richardson rushed him to the Knightdale Animal Hospital where he was pronounced dead.

    Noah's autopsy was performed at Rollins Diagnostic Laboratory on Blue Ridge Road. Richardson said a veterinarian there told her a thumbprint was found under Noah's fur where he had been pinned down. The doctor could not be reached this afternoon.

    Upchurch described the incident as a case of self-defense against a dog attack.

    "Does Noah have teeth?" he replied when asked how threatened he felt by a dog that weighed about as much as a bag of Dixie Crystals sugar.

    Upchurch said he, too, is a dog lover. He owns two Labs -- Sasha and Tyson, a golden Lab.

    Upchurch said he and Sasha were walking past Richardson's house when an unleashed Noah came into the street and attacked his 100-pound dog.

    "Noah came out and attacked by growling, snarling with his teeth showing," Upchurch said. "I've been around dogs enough to know there was an attack."

    Richardson was on the phone and too far away to stop "the aggressive biting behavior," Upchurch said.

    Sasha stood behind Upchurch out of fear of Noah, Upchurch said.

    Only after seeing there wasn't going to be any letup in Noah's behavior, Upchurch said, did he grab the chihuahua, turn it on its side and hold in there until Richardson arrived.

    "When she got there I released Noah into her custody," Upchurch said. "Betty told me he shouldn't been outside and that she knows he's so spoiled."

    Richardson and Noah went inside and Upchurch continued walking Sasha.

    Two hours later the police showed up at Upchurch's home and told him that Noah had died.

    "I was completely shocked," Upchurch said.

    Upchurch was released from custody Friday after posting a $500 bond.

    Meanwhile, Richardson said she is setting up a scholarship in Noah's memory. Noah's Bark will pay up to $100 each year for textbooks for anyone attending vet school in North Carolina.

    "That's how passionate I was about my dog," Richardson said.
     
  2. colinmama

    colinmama Guest

    Sounds like an accident that turned out sad for everyone involved. I'm sure it's hard to decipher who is telling the real story, but it doesn't sound like the man was trying to hurt or kill the dog. Sad. She should sell the Coach collar and donate the proceeds to the local shelter though.
     
  3. Pickle

    Pickle Well-Known Member

    Noah should have been leashed or held. We had a chihuahua run up to us at the park the other day-the owner turned about 10 shades of white but luckily our dogs are lovey goofballs. However I think Upchurch's shock was feigned. How often do you pick up a dog you feel so threatened by?
     
  4. colinmama

    colinmama Guest

    One of your goofballs is really cute too!
     
  5. Pickle

    Pickle Well-Known Member

    Thank you! He is awfully sweet and just lives to please.
     
  6. biguncfan

    biguncfan Guest

    I've thought about this today. If my 10 lb dachshund ran up barking in an aggressive manner to this dude while he was walking his dog I would expect him to kick away at the dog or even attempt to walk away. But for him to do what he did took thought and a mean streak of monumental proportions to do that. Especially if her quote of what he said was true. This is no BS. I'd lose my mind. Y'all would see me on Channel 5 news, seriously. I agree with others though that some of the facts aren't being told from someone.

    BTW, my dachshund wouldn't run up to anybody without being on a leash.
     
    Last edited by a moderator: Sep 9, 2008
  7. kdc1970

    kdc1970 Guest

    The dog absolutely should have been on a leash. I don't see the need for lethal force against a 5lb dog though. :?:?:?
     
  8. KDsGrandma

    KDsGrandma Well-Known Member

    I agree with you. I think both parties are at fault here. The dog certainly should have been on a leash, but I don't believe for a minute that the neighbor was in fear of the dog, or felt threatened by him.
     
  9. biguncfan

    biguncfan Guest

  10. rushlow2004

    rushlow2004 Well-Known Member

    I don't know what to think really..but like everyone else..the dog should have been on a lease...and I don't think they whole story has been told.
    I have a long hair chi, and I did the reading up on this dogs before bringing one home. If they aren't well socialized and I mean really more then normal dogs would need..they do tend to be more aggressive then other small breeds. Hence the name they have been given Ankle biters.
    Sheri
     
  11. bandmom

    bandmom Well-Known Member

  12. biguncfan

    biguncfan Guest

    I know right? O-V-E-R the top.


    But then again I have a t-shirt for my neutered miniature dachshund that reads, "Hung Like A Great Dane".
     
  13. bandmom

    bandmom Well-Known Member

    :lol: but he's not even 'nude' - he's covered in dang fur!!! :lol:
     
  14. rushlow2004

    rushlow2004 Well-Known Member

    I thought that was cute too, but what a lot of people don't understand is that Chi's don't hold heat like other breeds and that is the reason for some of them having to wear clothes. My puppy already shivers in the mornings when he goes outside now. The only thing that I thougth was unreal with the coach collar.
    Sheri
     
  15. biguncfan

    biguncfan Guest

    UPDATE:

    http://www.newsobserver.com/news/crime_safety/story/1280006.html

    RALEIGH - A Raleigh man was acquitted today of cruelty to animals in the death of his neighbor's Chihuahua.

    Wake District Court Judge William Lawton said he could not conclude that the actions of David Upchurch of 1028 Cookwood Court caused the death of the 12-year-old, long-haired Chihuahua, Noah

    Lawton said he was required by law to acquit Upchurch, despite his "gut feeling and love of small animals."

    The prosecution contended that Upchurch, 38, fatally injured the dog Aug. 30 by holding him down and squeezing him between his breastbone and neck. The dog died later at Knightdale Animal Hospital.

    Lawton said Uchurch's actions were unjustified. But he also noted that Noah had a history of cardiac disease. And though the dog had a bruise where Upchurch held him, Lawton said, he could not determine whether Upchurch caused it.

    Upchurch, who works in the information services department of The News & Observer, has said he was defending his black labrador retriever, Sasha, from a growling, teeth-baring Noah. He said he did not apply enough pressure to kill Noah.

    Both Upchurch and Noah's owner, Betty Richardson, left the courtroom immediately after the ruling.
     

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