ohmidog!

A contractor who spray-painted a dog who barked at him was found not guilty of animal cruelty by a DeKalb County State Court jury yesterday.

Dario Harris maintained he was afraid of the black lab mix, named Bear — and worried that, even though the dog was in a fenced backyard, it could have jumped the fence and attacked him, the Atlanta Journal-Constitution reported.

Harris was marking utility lines with fluorescent orange paint outside Jeffrey Tompkins’ Stone Mountain home.

In an interview before the trial, Harris said he loves dogs and “was just trying to protect myself.”

“You have to look at what’s reasonable under the circumstances,” said Harris’ attorney, Gerald Griggs. “The jury got to hear his actual intentions that day.  There were two dogs, both weighing over 60 pounds, jumping at a fence. You don’t know if they were nice dogs or mean dogs. He did not intend to injure Bear in any form or fashion. He was just scared.”

Harris wants to pay the veterinary bill, Griggs added.

Solicitor Robert James said he was disappointed in the verdict. “This is not going to change the way we do things in DeKalb County,” he said. “We take animal abuse very seriously, it’s wrong, and we’re going to continue to stand up for pet owners and animals, continue to hold people accountable.”