Man accused of animal cruelty in cat's death could face felony charge

By Ty Tagami

The Atlanta Journal-Constitution

The northwest Atlanta man who allegedly knocked a cat from a tree so his pit bulls could maul it could wind up in prison.

Enlarge photo

W.A. Harewood, AP It will be up to the office of Fulton County District Attorney Paul Howard (center) whether to prosecute an Atlanta man who allegedly knocked a cat from a tree so his pit bulls could maul it for a felony.

More Atlanta/Fulton news »

• Storms possible Thursday night
• Monroe man shot to death
• FBI: 3rd suspect in videotaped gay beating hiding in Pennsylvania
• Reed: Atlanta budget to shrink
• Atlanta/South Fulton
• North Fulton

Fulton County officials initially charged Brett Wearing with misdemeanor animal cruelty, but now they believe the charge should be elevated.

"After further investigation, it was determined that this incident rose to the level of a possible felony," Tony Phillips, an assistant director for Fulton's Environment and Community Development Department, told the AJC Thursday.

A neighbor called authorities and told them that Wearing used a stick to knock the cat from a tree, Phillips said, adding that the witness said Wearing encouraged the dogs to attack.

The pit bulls killed the cat, Phillips said.

Wearing, who lives on Mallard Street, could not be reached for comment.

The misdemeanor with which he initially was charged would bring a maximum of 60 days in jail upon conviction. If Fulton County District Attorney Paul Howard decides to prosecute the case as a felony, however, Wearing could be looking at a year or more in a state prison.

It's unclear when the district attorney's office will make a decision about the case. The office was not immediately available for comment late Thursday afternoon.

The case was forwarded to prosecutors with the felony recommendation this week, Phillips said.

"A crime like that is something that Fulton County Animal Services wants to make sure that we prosecute appropriately," he said.