EUREKA SPRINGS -- The case against John W. McIntire of 2 Mill Hollow Rd. ended before it began.

McIntire had been charged in the Jan. 20 shooting of a dog belonging to his next door neighbor, Jan Delozier-Beebe, of 4 Mill Hollow Rd.

Owner said dog shot on front porch

Delozier-Beebe's husband, Ken Beebe, had told police he'd heard what he thought was a gunshot that Sunday evening and stepped onto his porch to find the dying dog, then saw his next door neighbor 10 feet from their porch, walking out of their yard with a flashlight in one hand and an object Beebe identified as a gun in the other.

Delozier-Beebe called the police, then she and her husband rushed the dog to the vet, only to be told he couldn't be saved. The bullet had entered his neck, shattering his shoulder and going through his lungs.

"I think he had to walk right up to the porch to shoot Buddy through the railings," Beebe said at the time.

McIntire was arrested, issued a no-contact order with his neighbors, and ordered to surrender all firearms in his possession pending trial.

Judge drops charges for restitution

In Friday's District Court, Judge Marianne McBeth dropped all charges against McIntire nolle prosequi, meaning "not willing to pursue."

The term is used in many common law criminal jurisdictions to describe a prosecutor's decision to discontinue criminal charges before trial.

In exchange for dropping charges of cruelty to animals, criminal trespass and discharging a weapon within city limits, McIntire agreed to make donations of $250 to the Faithful Friends Animal Clinic in Rogers, and $250 to the Good Shepherd Humane Society in Eureka Springs.

McIntire also agreed to pay medical bills totalling $150 for treatment of the wounded dog and $96 for cremation of the animal.

The dismissal is not permanent. Prosecutors have the option of bringing the charges forward again within one year, but as long as there are no similar occurrences, the case is essentially done.

Delozier-Beebe satisfied with outcome

McBeth addressed Delozier-Beebe, saying she wanted to make sure DeLozier-Beebe "is okay and satisfied" with this resolution.

Delozier-Beebe said she was.

McBeth said while victims don't have to approve plea bargains, she feels it is better if the victims are satisfied.

"As judge I hate to see a situation that could lead to continued hostility," McBeth said. "But if you are ok with this, I'll accept this completely. I think it's a good resolution."

McBeth said her biggest concern had been the allegation of shooting a firearm on someone else's property.

"It's unnerving," she addressed McIntire, "to think that this could have led to loss of human life, including your own. But you are not charged with anything. Charges have been dropped."

Police agreed to return McIntire's surrendered firearms Monday afternoon.