Oregon Man Who Shot and Killed His Neighbor’s Pet Labrador Sentenced to 18 Months in State Prison

After a two-day trial, Tyson Kay (47) was sentenced to 18 months in prison by a Lincoln County Circuit judge for killing Daisy, a black Labrador/Retriever owned by his neighbors.

Found guilty of first-degree aggravated animal abuse and first-degree animal abuse, Kay was sentenced on Friday by Judge Amanda Benjamin for shooting Daisy with a shotgun loaded with birdshot on his property on NE Yaquina Heights Drive.

When law enforcement responded to a call from Daisy’s owner, Sharon Biddinger, on July 5 last year, they found the animal wet and panting heavily.

Daisy was taken to the Grove Veterinary Clinic, where they learned that she had been struck by dozens of small metal pellets, consistent with birdshot.

Daisy Was Shot With Dozens of Small Metal Pellets

The damage was so extensive that Daisy died from her injuries.

At trial, Kay said he shot Daisy because he had to protect baby chicks living on his property. He also denied knowing that the shotgun was loaded with birdshot.

However, his statement was contradictory to what he had told law enforcement officers on the day of the offense.

Kay repeatedly told the police that he had loaded his shotgun to shoot Daisy if she appeared on his property. He also told law enforcement that Daisy had not chased any animals on his property before he shot her.

On Friday, Prosecutor District Attorney Jenna Wallace urged the court to impose a prison sentence, pointing out that Kay was on probation at the time of the shooting and that he had unlawfully used a firearm to kill Daisy. Wallace said Kay had 15 prior criminal convictions spanning 20 years, which clearly demonstrated his disregard for the law and that his previous convictions had failed to deter his continued criminal activities.

Passing sentence, Judge Benjamin found substantial and compelling reasons to impose an 18-month prison sentence, with 24 months of post-prison supervision. Kay’s shotgun was forfeited, and he has been prohibited from possessing any firearms after his release from prison.

Judge Described Kay’s Actions as Callous and Cruel

Judge Benjamin said Daisy was a family member of the Biddinger’s, and that Kay’s decision to shoot her as she was running away was “callous and cruel.’ She also considered Kay’s criminal history before passing sentence.