Mistrial Declared in Dog Killing Case After Therapy Dog Enters Jury Room
A Pennsylvania judge has declared a mistrial in the case of a man accused of killing his neighbor's yellow lab, after a courthouse therapy dog inadvertently entered the jury room. The unexpected incident compromised the trial proceedings, leading to the decision on Friday.
Judge's Decision and Trial Details
Judge Michael F. Salisbury made the ruling once it was brought to his attention that the black lab, named Clark, had mingled with jurors deciding the fate of Robert W. Wallish III. Wallish had admitted on the stand to killing a dog of the same breed. The trial had begun the previous Thursday, with testimony nearly concluded when the mistrial was declared.
Clark was in the courthouse with his probation officer handler when his leash was dropped, allowing him to wander into the jury room. There, he was petted by multiple jurors, as reported by Pennlive. This interaction raised concerns about potential bias or influence on the jury's deliberations.
Legal Arguments and Outcome
Judge Salisbury called defense attorney Sarah Marie Lockwood and District Attorney David Strouse into his chambers to discuss the issue. Lockwood requested a mistrial after consulting with Wallish, while Strouse argued that the trial could be salvaged with curative instructions to the jury. However, Salisbury agreed with the defense, granting the mistrial even though the prosecution had rested its case earlier that morning, and Lockwood only had two more witnesses to present.
If Wallish does not agree to a plea deal, his next trial is scheduled to begin in mid-May. He is currently free on $10,000 unsecured bail and faces charges of aggravated animal cruelty, evidence tampering, and abuse of a corpse.
Background of the Incident
Wallish, 55, testified that he shot his neighbor's dog in the early morning darkness on December 16, 2024, while at his hunting cabin in Clark County. He explained that he went to check trail cameras after seeing an opossum the night before. When he realized the camera battery was dead, he returned outside with a replacement battery, carrying his rifle but no flashlight.
While walking, he heard a growl, turned, and fired without knowing what he had shot. He soon realized it was a dog, estimating he shot from about 10 to 15 feet away. Wallish expressed remorse, stating, 'I felt terrible because it was a dog. I love dogs.'
Aftermath and Investigation
Wallish admitted to putting the dog's body in a garbage bag, placing it in his car trunk, and driving approximately 150 miles to his home in Dauphin County. He then left the remains in a field about three miles from his property, where they were discovered the next day, prompting a police investigation. Wallish confessed to killing the dog and dumping its remains but initially lied to state police, claiming no knowledge of the shooting.
He maintained that he believed he did nothing wrong in shooting the dog but acknowledged 'wasn't thinking clearly' when disposing of the remains without informing anyone. Wallish also stated he did not know the dog's owners, Andrew and Alyssa Gavlock of Westport, whose 11-year-old dog named Hemi was killed, though he could see their home about 300 yards away.
Owner's Testimony and Evidence
Andrew Gavlock testified that he let Hemi out that morning and later followed paw prints in the snow, which led to Wallish's hunting property. Using binoculars, he observed blood stains on the snow on his own property and immediately called state police. This testimony highlighted the emotional impact of the incident on the dog's owners and the community.
