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but the latch on the chain wasn’t broken.
“Did he said the dog had attacked him?” Mr. Luke asked.
“No, he did not,” Mr. Swindler said. “He just said the dog was barking at his hogs.”
Mr. Swindler said he had returned later with dog warden John Ray Pullen and measured the distance from the dog to the pigpen.
When Mr. Nuttle questioned him, Mr. Swindler said they had only a brief conversation with Mr. Swindler asking a few questions. “Did the dog resent being chained?” Mr. Nuttle asked.
Mr. Swindler said the dog did not mind being chained and he had guessed that when the dog broke loose it was trying to return to its previous home.
Mr. Pullen testified that he had gone to the site with Mr. Swindler to measure the distance from the dog to the pen and look for blood.
He said that where the dog was laying, it was facing away from the pen and that the dog appeared to have been shot twice.
Mr. Luke asked him if he had spoken with Mr. Nuttle.
“He told me the dog tried to get into the pen,” Mr. Pullen said. “He said he fired into the air first and that the dog attacked him and he fired at the dog.”
Mr. Pullen said that when he saw the pen the dog couldn’t have gotten into it.
Mr. Nuttle showed Mr. Pullen pictures of the pen with a large hole in it.
“It wasn’t like that when I got there,” Mr. Pullen said.
Phyllis Swindler said she had gone with her husband when they first found the dog dead. She said her husband had knocked at the door and Mr. Nuttle opened it.
“He said the dog was barking at the pigpen, and I shot him and wounded him. Then I shot him and killed him. He did not say the dog attacked him; he said he was barking at the pigs. He didn’t say he was sorry. He didn’t say anything,” said Mrs. Swindler.
“You and I didn’t really have a conversation,” Mr. Nuttle said to Mrs. Swindler.
“After you said you shot him and wounded him...”
“You didn’t ascertain what had happened,” Mr. Nuttle said.
“When I asked you did you ask him to sit, you didn’t answer me. You just looked at me,” Mrs. Swindler said.
“I was surprised,” Mr. Nuttle said.
Manuel Garcia testified that he
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