iflilMIIIMlIMI By SHARON KILPATRICK Rappahannock Neva Staff Writer David

iflilMIIIMlIMI By SHARON KILPATRICK Rappahannock Neva Staff Writer David Nuttle was found not guilty of “shooting another mart’s dog” in General District Court two weeks ago. On Feb. 6 Mr. Nuttle, who rents his house outside Sperryville from Elmer Atkins, shot and killed a black labrador dog that belonged to James E. Swindler Sr., also of Sperryville. He said he shot the dog to protect his pigs. At the trial Mr. Nuttle first asked for a court-appointed attorney and then decided to represent himself when Commonwealth’s Attorney Peter Luke, pointing out that all the witnesses had come to court prepared to testify, said the Commonwealth would not seek jail time if Mr. Nuttle was found guilty. Mr. Nuttle first tried to have the case dismissed because he said it was not clear that Mr. Swindler owned the dog since he hadn’t bought a license for the dog. District Court Judge Charles B. Foley refused to dismiss the charge, saying that Mr. Swindler did not r-‘have to own the dog to swear out a warrant to arrest Mr. Nuttle for killing it. ' Mr. Swindler testified that he ■’had been given the dog two weeks before it was shot. He said he kept the dog on a chain to keep it from going out in the road and took the dog off the chain twice a day to run. He said he walked with the dog '■■around cows and calves and it never bothered the livestock. He said he also owned a small dog and cat and II ’ that the labrador played with them 1 without hurting them. “Did the dog show any vicious ‘.i tendencies?” Mr. Luke asked. “No,” Mr. Swindler replied. He said he got a call from Mr. “ Nuttle at 2 p.m. that the dog had ->i been shot. He said he went to Mr. Nuttle’s house. He asked him if the c dog had gotten irtto the pen and if „ the dog-had bitten the hogs, and Mr. Nuttle had said, “No.” “He told me he shot him and wounded him and then had to shoot ’. again and kill him,” Mr. Swindler M, said. He said Mr. Nuttle told him he had shot the dog at 3:30 a.m. “That was a rainy dark and* k cloudy night,” Mr. Swindler said. “I found the dog 288 feet from the pen.” “Did you find any blood at all?” ” Mr. Luke asked. v-1 “I didn’t see any blood except “where the dbg was laying,” Mr. Swindler said. He had photographs of the pig™’pen and the dog with its collar and III tag. He said the dog had gotten loose