Man convicted for killing dog back in district court

A Eureka man convicted of aggravated animal cruelty with a firearm enhancement after shooting a dog last year could see his suspended sentence revoked.

Terry Ray Blanton, 72, returned to Lincoln County District Court on Oct. 25 on a petition to revoke after allegedly violating the terms of his supervision. Probation and parole officials found a shotgun in his home and a horse on his property, court documents said.

Blanton disputed the allegations, setting the stage for a revocation hearing in December.

Authorities arrested Blanton after responding to a report of a shot and injured dog near Airport Road on June 28, 2020. By the time deputies arrived on scene, the animal had succumbed to its injuries, court documents said.

The individual who initially contacted authorities told investigators that he had seen the dog wandering around the neighborhood earlier in the day. He shooed it off and watched as it wandered onto Blanton’s property. The dog later returned, bleeding from a gunshot wound, according to court documents.

During questioning, Blanton admitted to shooting in the air to ward off the dog.

“[Blanton] said the dog just wouldn’t leave his property and didn’t have a collar, which is why he shot at it,” wrote Deputy Robert Salyer of the Lincoln County Sheriff’s Office, in an affidavit.

Blanton pleaded not guilty and went to trial, but a jury disagreed, finding him guilty on the charge in late 2020. At his April 2021 sentencing, defense attorney Jessica Polan asked for leniency and argued that the dog represented a threat to the 72-year-old. While others may view Blanton’s actions as a poor response, it was his property and he had a right to protect himself, she told the court.

County Attorney Marcia Boris pointed out that Blanton retreated to his home — where he should have been safe from a dog acting aggressively — but stepped back outside with a gun. A jury also found his version of events wanting, she said.

In the end, District Judge Matthew Cuffe handed down the suspended, three-year sentence, placing Blanton under the supervision of the state Department of Corrections.

“This is not an easy case,” Cuffe said in April. “This is an appropriate sentence for a man who clearly … made a serious mistake in the way he addressed the situation.”

In a report filed by Steve Watson, a state probation and parole officer, officials first learned Blanton had violated the terms of his supervision on Aug. 27. A Baikal 12 gauge shotgun was found in his home, Watson wrote in a report. The terms of Blanton’s sentence forbade him from owning, using, transferring or possessing a firearm, ammunition, weapons or chemical agents like pepper spray.

In September, officials allegedly learned that Blanton was keeping a horse on his property, another violation of the terms.

In his report, Watson wrote that Blanton proved difficult from the start. He allegedly was unwilling to receive mental health counseling, citing financial hardship. Faced with repercussions, Blanton changed course, Watson wrote.

“The only motivation came when he realized that I would be filing a petition to revoke in the district court,” Watson wrote.

Blanton repeatedly lied during his probation period, according to Watson, who allegedly caught him with alcohol in his home. In Watson’s account, Blanton denied drinking alcohol during his pre-sentence processing. He later claimed he drank for a bad shoulder, Watson wrote.

Blanton also lied regarding the shotgun and told officials he was unaware his sentence precluded him from possessing firearms, according to Watson. He admitted to knowingly violating his probation a few days later, Watson wrote.

“He has not been willing to follow the rules of probation,” Watson wrote, before recommending Blanton undergo a mental health evaluation and the shotgun be forfeited to the sheriff’s office and sold at auction.

A half-day hearing has been scheduled for Dec. 8 at 1:30 p.m.