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DUCHESNE — A Duchesne County man is facing misdemeanor charges after deputies said he threatened his neighbors, who killed his pit bull when it attacked their dog and then jumped inside a van filled with their children.
James Patrick Markey, 46, is charged in Duchesne County Justice Court with possession of a firearm while under the influence of alcohol and making threats of violence, both class B misdemeanors. He is also charged with disorderly conduct, an infraction.
The incident that led to Markey's arrest began Saturday when a family returned to their home near 2300 West and 11660 North in Neola to find their dog being attacked in the driveway by Markey's pit bull, according to Duchesne County Sheriff's Lt. Jeremy Curry.
The husband, who has a permit to carry a concealed weapon, got out of the family van and fired several shots at the pit bull as it charged him, Curry said.
"(The dog) veered off of him and jumped into the van," the lieutenant said.
The van was occupied by the man's wife and the couple's four children, who range in age from 1 ½ to 7 years old.
The wife, who also has a concealed weapons permit and had pulled her pistol, told investigators the dog lunged at her as she fired her first shot, striking the animal. The woman said the dog backed off briefly, but moved in again to bite her legs.
"She fired five shots into the dog, ultimately killing the dog," Curry said, noting that the husband, wife and children did not suffer any physical injuries.
The couple called for help, and responding deputies arrived a short time later. When the deputies went next door inform Markey that his dog had been killed, Curry said Markey began making threats toward his neighbors.
"He threatened to kill all their animals," the lieutenant said.
She fired five shots into the dog, ultimately killing the dog.
–Duchesne County Sheriff's Lt. Jeremy Curry
Despite the verbal threats, Markey was not arrested and deputies left the area, only to return 45 minutes later on a report of "shots fired." Markey told deputies he was firing a rifle into a wooded area behind his house "to blow off some steam," Curry said.
Deputies determined that as many as 40 shots had been fired. Markey told them he could shoot his neighbor from his back porch if he wanted to, according to the arresting deputy's report. He also said he "had a house full of guns and would get the job done," and that he wanted to "scare his neighbors" so they wouldn't be able to sleep, the report states.
The report noted that Markey had been yelling threats and obscenities loud enough that they could be heard 200 yards away by his neighbors. It also showed that Markey had a blood-alcohol content of 0.066 when he was booked into jail.
Sheriff's office records show deputies were called to the same Neola home two years ago after the husband was able to scare off Markey's pit bull with a "warning shot" when it crossed onto his property and became aggressive, Curry said.
No charges were filed in that case, court records show, but Markey does have misdemeanor convictions in 2007 for unlawful detention, criminal mischief, and assault.
The unlawful detention and criminal mischief charges were dismissed one year later, after Markey successfully met the terms of a plea in abeyance agreement offered by Duchesne County prosecutors. Markey paid a $400 fine for the assault conviction but served no jail time, according to court records.
Markey posted bail and was released from custody shortly after his arrest Saturday. His first court appearance is set for Dec. 15. A judge has issued a civil stalking injunction that bars Markey from having any contact with the couple who shot his dog.
