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Thursday, June 30, 2011

Man gets prison term for killing dog during break-in

The Roanoke man also must repay $20 he took during a burglary at an auto salvage business.

A Roanoke man will serve three and a half years in prison for killing a dog during a $20 burglary at an auto salvage business last summer, a Roanoke Circuit Court judge ruled Wednesday.

Otis Larry Whorley III, 27, pleaded no contest in March to charges of petit larceny, burglary and torturing an animal related to a break-in at Star City Auto Parts.

Judge Jonathan Apgar sentenced Whorley to six months behind bars on the larceny charge; five years on the burglary to be suspended after serving one year; and five years on the animal torture charge to be suspended after serving two years. The judge said Whorley will be supervised by the probation office for three years after he serves his prison time.

The judge also ordered Whorley to pay back $20 that he took from the auto parts business. Whorley also stole a set of knives later recovered from his residence.

Larry Jamison, a mechanic at Star City, testified Wednesday that he discovered the break-in when he arrived at work the morning of July 1, 2010, and immediately looked for Blue, a friendly golden retriever-pit bull mix kept in the business' fenced lot.

"I said, 'Blue, where you at, you ain't done your job.' ... Then I saw him by the doghouse. He looked like he'd been beaten," Jamison said.

Mark Mullins, co-owner of the business, testified that after Blue's death, he no longer feels secure working late.

"It gives me the I-got-to-continuously-look-over-my-shoulder feeling," Mullins said.

Jamison and Mullins said they missed Blue, whom they described as good with children and a constant companion to workers.

Defense attorney Melvin Hill said Whorley had a record of drug and alcohol problems, but had a good family and no prior felony convictions. Hill asked for a prison term no longer than the one year, eight months as recommended by sentencing guidelines. He also asked the judge to require Whorley to undergo treatment for substance abuse.

Assistant Commonwealth's Attorney Bill Braxton asked the judge to impose a five-year sentence, the maximum on the animal torture charge, to send a message that killing a pet during a break-in was a serious offense.

"There's no restitution for a friend and companion," Braxton said.

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