A 16-year-old boy is being charged with cruelty to an animal in the case where a dog was severely injured by a thrown firework and had to be euthanized.
The boy also faces a charge of robbery while armed with a deadly weapon. Because of the nature of these two alleged crimes, Elkhart County Prosecuting Attorney Curtis T. Hill Jr. is asking that Marquis Gary, 16, be waived to adult court.
“My review of the circumstances surrounding these investigations and leading up to the petitions for delinquency in both matters leads me to believe that the juvenile justice system will not benefit Marquis Gary,” Hill said, “and that it is in the best interest of the safety and welfare of this community that he stand trial as an adult.”
Hill authorized the filing of a formal delinquency petition in Juvenile Court against Gary, who was 15 years of age at the time a female pit bull dog was injured by a firework allegedly thrown at the dog by Gary.
The dog picked up the firecracker, which exploded in its mouth resulting in extensive injuries to the animal’s face and mouth. As a result of these injuries, the dog was promptly euthanized.
On Monday, Hill filed that petition that alleges Gary committed cruelty to an animal, a Class D felony, for knowingly torturing or mutilating a vertebrate animal.
Prosecutors said that during review of the cruelty allegation, it was also determined that a June 13 robbery involving Gary was pending prosecution review.
In that case, according to prosecutors, Gary was identified as one of three people who threatened the use of force while armed with a gun. The trio reportedly took money from another individual. This separate allegation resulted in the filing of a formal petition of delinquency against Gary in Juvenile Court for the offense of robbery while armed with a deadly weapon, a Class B felony.
The robbery charge was filed Friday. Hill also asked for Gary to be waived to adult court in both actions.
Gary was arrested July 8 for an unrelated matter and has been held in the Juvenile Detention Center since that time.
District Court proceedings
The following proceedings recently took place in U.S. District Court in South Bend:
• Abigail Marin-Flores, 41, Ligonier, was sentenced to time served after pleading guilty to the felony offense of unlawful re-entry into the United States after deportation.
According to documents filed in the case, on Feb. 25, 2012, Marin-Flores was deported to Mexico at Laredo, Texas. Marin-Flores was subsequently arrested in Elkhart County in April of this year on charges of identity theft and forgery after her illegal re-entry. The case was the result of an investigation by U.S. Immigration and Customs Enforcement.
• Adam Snyder, 28, Warsaw, pleaded guilty to the felony offense of possession of child pornography. Sentencing has been set for Nov. 6.