HILL, N.H. (AP) – A man has been charged with animal cruelty in the shooting death of his neighbors’ Jack Russell terrier, police said.

Michael Donato, 52, turned himself into police. He had previously complained to police that the dog came onto his property and chased his chickens, said Merrimack County Attorney Dan St. Hilaire.

The dog, Penny, was found dead Friday night in the back of Donato’s truck after police stopped him and charged him with driving while intoxicated.

The dog’s owners, Kyle and Kirsten MacArthur, initially said their dog appeared to have been killed with a bow and arrow, but police determined that Penny was shot.

Under state law, it is a felony to purposely hurt an animal. However, other laws require that dogs be leashed and allow people to kill dogs who come onto their property and pose a threat to their farm animals.

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Information from: New Hampshire Union Leader, http://www.unionleader.com

AP-ES-12-20-06 0801EST