A Magness man has been charged in Independence County Circuit Court with felony cruelty to an animal after he allegedly beat a dog until one of its eyes popped out.
Court information said the incident occurred on Sunday, Dec. 3, just before police were dispatched to the Rosie Smart residence on Brittany Street in Magness.
Authorities say Smart and Eddie Smart said they had witnessed the suspect, 28-year-old Tee Jay Smart, stand on the small dog owned by Rosie Smart, and repeatedly hit the dog in the head, allegedly causing one eye to pop out.
When Cpl. Bret Ward of the Independence County Sheriff’s Office arrived, he noted one of the dog’s eyes was missing along with the other eye being closed. Tee Jay Smart had left the residence and was then found by Dep. Darin Brewer and Sgt. Ernie Gillihan walking down Paget Island Road.
The court information said Smart refused to be arrested and started an active physical struggle with the officers. After the use of a taser, Smart was subdued.
Both officers suffered injuries in the struggle. Smart was taken to jail and is now charged with two counts of battery in the second degree (two felonies), one count of felony aggravated cruelty to a dog, and one count of resisting arrest, a class A misdemeanor. Smart’s bond has been set at $50,000 cash.