Man who spray-painted dog not guilty of animal cruelty

By Larry Hartstein

The Atlanta Journal-Constitution

A contractor who spray-painted a dog was found not guilty of animal cruelty by a DeKalb County State Court jury Thursday.

Dario Harris maintained he was afraid of the barking black lab mix, Bear. Harris said even though the dog was in a fenced backyard, it could have jumped the fence and attacked him.

Harris was marking utility lines with fluorescent orange paint outside Jeffrey Tompkins' Stone Mountain home. Tompkins said Bear was a stray he found with five other newborn puppies four years ago, and that Bear was no threat.

In an interview before the trial, Harris said he loves dogs and "was just trying to protect myself."

His attorney, Gerald Griggs, said Harris' testimony was the difference.

"The jury got to hear his actual intentions that day," Griggs said.  "You have to look at what's reasonable under the circumstances. There were two dogs (Bear and Boo), both weighing over 60 pounds, jumping at a fence. You don't know if they were nice dogs or mean dogs. He did not intend to injure Bear in any form or fashion. He was just scared."

Harris wants to pay the veterinary bill, Griggs added.

Solicitor Robert James said he was disappointed in the verdict but respects the jury's decision.

He added: "This is not going to change the way we do things in DeKalb County. We take animal abuse very seriously, it's wrong, and we're going to continue to stand up for pet owners and animals, continue to hold people accountable."