Newport Man Sentenced To Prison For Killing Neighbor's Dog

On Friday October 31st, Lincoln County Circuit Court Judge Amanda Benjamin sentenced 47-year-old Tyson Kay to 18 months in prison for killing Daisy, a 6-year-old black labrador retriever in the back with a shotgun full of birdshot. Daisy was the neighbor's dog, who was known by several neighbors and described as a happy, playful, and loving dog. Daisy was primarily an inside dog, but that day had gotten out, and she wandered to the neighbor's yard. Kay was found guilty of one count of Aggravated Animal Abuse in the First Degree and one count of Animal Abuse in the First Degree after a two-day trial concluded on October 21, 2025.

Law enforcement initially responded to NE Yaquina Heights Drive on July 5, 2024, at approximately 11AM, after receiving a 911 call from a woman that her dog, Daisy, had reportedly been shot by a neighbor. Her husband immediately responded to Kay’s residence and found Daisy injured, wet, and panting heavily. Officers from the Newport Police Department, Toledo Police Department, and the Lincoln County Sheriff’s Office responded quickly and began investigating Daisy’s injuries.

Initially, Kay stated that he had shot Daisy with a less-lethal shotgun round to scare her off

his property. However, after Daisy was transported to the Grove Veterinary Clinic, it was determined that Daisy had been struck with several dozen small metal pellets consistent with birdshot. Unfortunately, the extent of the damage was catastrophic, and Daisy succumbed to her injuries.

At trial, Kay argued that he did not know birdshot was loaded in his shotgun but, regardless, he was justified in killing Daisy to protect baby chicks living on the property. At trial, both arguments directly contradicted Kay’s statements to law enforcement on the day of the offense, as he repeatedly told investigators that Kay had loaded his own shotgun in anticipation of shooting Daisy should she show up on his property, as well as repeatedly confirming that Daisy was not chasing any animals on the property prior to being shot.

Mr. Kay did not call the owners or animal control that the dog was on his property; instead, he took the matter into his own hands. Mr. Kay said at trial that a black dog had been on his property day's before however it was found that Daisy was actually out at sea with her owner on his boat at that time. Daisy's owner ended her victim's statement by expressing her sadness, anger, and frustration that Kay’s response to Daisy being on his property was to pick up a shotgun instead of picking up the phone.

The sentencing came after a harrowing hearing in which the prosecution outlined Tyson Kay’s extensive criminal history—spanning back to 1995 and including multiple misdemeanors and felonies, such as reckless burning, hit-and-run, multiple DUIs, and probation violations. Prosecutor arguments centered on two enhancement factors: that the offense was committed while on probation, and that a weapon was used. “This pattern of disregard for the law and repeated violations shows a lack of accountability,” stated District Attorney Wallace, urging the judge to issue an upward dispositional departure and impose a stricter sentence.

Moving victim impact statements brought the emotional toll on the community to the forefront. “Daisy was playful, gentle, and loyal…her loss has been devastating,” recounted a family member, while also questioning why repeated probation violations had gone unenforced. The case sparked discussions about accountability and the balance between rehabilitation and punishment for repeat offenders.

Mr. Kay’s defense admitted to his client’s struggles, particularly with substance abuse, and argued for a blend of incarceration and mandated treatment, hoping for a path to rehabilitation rather than extended incarceration. “Mr. K is deeply remorseful. He recognizes that his actions were unacceptable and hopes for help that will allow him to rejoin the community productively,” said his attorney Ivan Abrams.

Judge’s considerations, informed by the totality of Mr. Kay’s criminal record and the aggravated circumstances of the shooting, resulted in the imposition of an 18-month prison sentence. The judge emphasized the importance of deterring future violations and restoring faith in the justice system, noting community outrage and the traumatic impact on Daisy’s family. Additional court action included the formal seizure of the firearm involved in the incident, to be handed over to the state.

In her victim impact statement, Daisy's owner told the court, “Nobody wins. Daisy lost her life, neighbors lost their peace, and a wayward path has led one more community member to incarceration. We only hope for justice—and to move forward.” Additionally, Kay faces an 180-day sentence in a local county jail for probation violation and driving while suspended. This case was prosecuted by District Attorney Jenna Wallace and Deputy District Attorney Marshall Thompson.