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Date: 10/26/2015 11:51 AM PDT

By Jack Flynn | jflynn@repub.com on April 07, 2015 at 8:40 PM, updated April 07, 2015 at 10:21 PM SPRINGFIELD - If William Smith figured he would never hear Tinkerbell's name again, he was wrong. As a judge reviewed Smith's probation record last week, he came across a 2014 charge - later dismissed - that Smith killed his girlfriend's dog by snapping its neck. "The dog's name was Tinkerbell," Judge William Boyle told Smith's defense lawyer, who claimed the tiny Pomeranian-Chihuahua mix had actually been poisoned. "And it wasn't poisoning," Boyle added. Smith, 28, of Springfield, was back in court last week, charged with violating a restraining order taken out by Tinkerbell's owner, who is now his ex-girlfriend. The case dates back to March 28 when police received a 911 call that a man was trying to force his way into Smith's ex-girlfriend's Wrentham Road home. By the time police arrived, the man had fled, but a police officer who lives next door had recognized Smith and confronted him as he tried to enter through a window, according to a police report. During Smith's arraignment in Springfield District Court, a prosecutor requested $500 bail on the new charge and asked Boyle to revoke Smith's release on an earlier assault case. But defense lawyer Randy Milou said the woman was not home when Smith appeared at her home on March 28. The 911 call came from her nephew who heard someone banging on the door but never saw Smith, the lawyer said. Milou also suggested that the police officer living next door had a vendetta against Smith and had encouraged the woman to seek a criminal complaint after Tinkerbell's death in July. Relying on information provided by his client, Milou pointed out that Boyle had actually dismissed the dog-killing case in December. "It wasn't my ruling," Boyle said, adding another judge must have dismissed the case. Under the restraining order, Smith was barred from having any contact with the woman, much less visiting her home, according to Boyle, who granted the prosecutor's motion to revoke Smith's release. "You'll have to go with the court officers," he told the NFL-sized defendant, who glared back at the judge while leaving the court room. He also imposed $500 cash bail on the new charge. The dog-killing case was dropped on Dec. 16 after a prosecutor filed a motion stating "there was insufficient evidence to warrant further prosecution." No further explanation was given, but Smith's previous defense lawyer said the actual cause of death would be difficult to prove since the defendant was charged three months after the dog died and was buried. The dog's owner told police Tinkerbell was alive and well when she left her home on July 20 and severely injured when she returned. Smith, who had been drinking Bacardi rum for several hours, was inside sobbing and apologizing. "All I ever do is hurt you. I'm selfish. I just want to die," Smith said, according to the woman's report. The dog's injury was consistent with a broken neck, Assistant District Attorney Matthew Hutchinson said during Smith's arraignment on Oct. 31. The defendant was angry at his girlfriend for leaving the house without him, and had made previous attempts to hurt the dog to punish her, the prosecutor said. But Smith claimed the dog was hit by a car outside the house between 2:30 p.m. and 3 p.m., and described the vehicle as a gold and silver sedan. At the woman's request, the police officer next door checked his surveillance system; no car matching that description passed the house all afternoon, and the dog was never out on the street, the neighbor said, according to court documents. "Tinkerbell spent most of her time out in my yard as she used to do," the neighbor said. http://www.masslive.com/news/index.ssf/2015/04/springfield_man_jailed_for_vio.html

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