MOIBLE, Ala. (WALA) - The woman accused of throwing her Dachshund puppy off her apartment balcony appeared in court Thursday.
Kendria Dexter is charged with animal cruelty.
Kendria was originally arrested on misdemeanor animal cruelty charges, but those were dismissed by the city in order for the state to file felony charges.
"The reason it should have been a felony is because it involved the kind of physical injury that was serious enough to cause intense or prolonged pain," said Martha Tierney with the DA's office.
Barrington Apartment Manager Scott Kimbler told FOX10 News after the incident in March, that a group of people saw someone throw a puppy from the balcony.
"When I came outside, I saw eight residents trying to get the puppy," said Kimbler.
Lola, the puppy, was taken to South Alabama Spay and Neuter where she is still recovering.
The apartment manager said Dexter was fighting with her roommate when she tossed the dog outside. He said it fell three stories, landing in a grassy area nearly 15 feet away from the apartment.
"I was heartbroken. I couldn't believe anyone would do that," Kimbler said.
Dexter's roommate talked FOX10 News about what happened before Dexter threw Lola over the third-story balcony of her apartment.
"It started over a pair of headphones. And from a pair of headphones, it escalated into a pair of arguments that was unsettled. I guess she got so upset about the arguments, she tossed the dog saying that the dog was the initiator," said roommate Andrea Griffin.
The two had been living in the apartment together since December, and Griffin said Dexter got the puppy in March.
Griffin said Dexter wouldn't take care of the dog, and that led to arguments about Lola chewing on Griffin's headphones and urinating on the carpet.
"At first, I thought she was going to throw her on the floor of the balcony. Then she tossed her, so I called 911 and apartment management," said Griffin.
Dexter was evicted from the apartments.
"I worked with the roommate, and we had her removed from the lease agreement," Kimbler said.
In court, Dexter agreed to hand Lola over to the state so she no longer has ownership of the dog. She also agreed to pay over $2,000 for Lola's vet bills and the court appearance.
"It's our first victory for Lola. So now, we have custody of her and can get her to one of the many homes that have applied for her," said Save a Stray President Stephanie Williamson.
Some who have been following Lola's recovery were in the courtroom.
"There were concerned citizens at Barrington Park Apartments. They are the heroes. They are the ones who called the police, acted appropriately, and are the ones following it through," Williamson said.
Williamson and those with Barrington Park Apartments want Lola's story to increase awareness about animal cruelty.
"This type of behavior and animal cruelty is not going to be tolerated. We need to band together and do something about it. And, that's what everyone's here interest was to get justice for Lola and also to help animals in the future," said Williamson.
Williamson said after Lola fully recovers, she will be adopted.
"Her liver enzymes are still not acceptable. They are still high. We're waiting for those to go down," Williamson said.
Judge George Hardesty set an arraignment for Dexter May 17.
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