BOLLINGER COUNTY, MO (KFVS) - A former Bollinger County deputy accused of shooting a dog has been granted a change of venue.
Former Bollinger County Deputy Kelley Barks was charged with animal abuse.
Bollinger County Prosecuting Attorney Stephen Gray and Attorney Bryan Greaser appeared Wednesday in court defending a change of venue for Barks.
According to Greaser, they agreed that the case would be sent to Cape Girardeau County. A pretrial hearing is set for May 22.
Greaser says Judge Scott Thomsen will remain on the case since the case stayed in the same judicial circuit.
Deputy Kelley Barks resigned in March 2011. The resignation came about after Barks responded to a domestic violence call.
When Barks arrived at the scene, she arrested and handcuffed a suspect. She then got permission to search his home.
Sheriff Leo McElrath said when Barks went in to the home, the man's dogs were barking and she thought one of them bit her.
The sheriff says that's when Barks shot at an eight pound Chihuahua a few times.
Police say the dog continued to act aggressive, and then went into his kennel where Sheriff's McElratch says Barks shot and killed the dog.
An attorney for Barks says she is suing the Sheriff Department in civil court because she feels the sheriff's statements were inaccurate and that they amounted to defamation.
Attorney J.P. Clubb also says one of the suspect's dogs did indeed bite Barks and that she shot the dog at that point. Clubb says Barks shot the dog again at the direction of the Bollinger County veterinarian.
Barks is also suing the Bollinger County Sheriff, the Bollinger County Prosecutor along with the suspect who's dog she says bit her, Patrick Chadd and another man Ronald Chadd.
Her lawsuit also alleges gender discrimination.
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