Butler County District Attorney Richard Goldinger said Wednesday he plans to refile a felony charge against a West Virginia man accused of repeatedly hitting a dog with a sledgehammer.

The announcement comes just a day after an assistant prosecutor from his office agreed to reduce a charge of felony aggravated cruelty to an animal against John G. Riordan, 47, of Rock Cave, to a misdemeanor count of animal cruelty.

“That was done without my approval or consultation, and that's not acceptable. I'm unhappy with what happened,” Goldinger said. “An egregious act was committed, allegedly, on this dog. We're going to seek justice.”

Russ Karl, an assistant district attorney, made the decision to change the felony charge Tuesday at the office of District Judge Lewis Stoughton in Chicora, shortly before Riordan's preliminary hearing.

Riordan was initially charged with aggravated cruelty to an animal, driving under the influence and a traffic violation, and placed in the Butler County Prison on $150,000 bond.

Once the animal cruelty charge was reduced to a misdemeanor Tuesday, Riordan gave up his right to a hearing and waived all charges to Common Pleas Court. His attorney, Michael Zunder, declined to comment following the proceedings.

State police arrested Riordan Sept. 21 after they said he attacked Jason Anthony's 13-year-old springer spaniel Bailey with a sledgehammer while staying at the home of Anthony, his former friend, on Green Manor Drive in Summit Township.

The alleged attack left the dog with a badly swollen snout and jaw, missing and broken teeth and mental trauma, according to police and Anthony. Bailey is home and still recovering from his injuries, Anthony said, and will need dental surgery down the road.

Later, when asked why he reduced the felony, Karl told the Eagle, “Because the dog is mending just fine, and that's good news.”

But that reason apparently did not sit well with Goldinger, who said he only became aware of what happened by way of social media.

Late Tuesday afternoon Anthony posted, “Justice was NOT SERVED TODAY!!” on his Facebook page. One of the photos used in the post showed the bloody sledgehammer allegedly used in Bailey's attack.

Anthony said Goldinger “reached out” to him via Facebook Messenger, asking to speak with him about the matter.

“I was surprised to hear from him,” Anthony admitted Wednesday.

“I talked with him (Wednesday) morning and he explained to me what happened,” Goldinger said. “He told me he didn't agree with what happened, and I'm not in agreement with it either.”

Anthony said that he also provided details about the dog's injuries.

“I'm Bailey's only voice,“ Anthony said.

While not naming Karl, Goldinger criticized the decision to reduce the felony, saying it violated office policy.

“It is my policy,” Goldinger said, “that felonies should not be reduced to misdemeanors at preliminary hearings — at least not without consulting me, and I want to know the reasons why.”

Karl did not return a phone call Wednesday.

Goldinger said he plans to add the felony charge of aggravated cruelty to an animal to the “information” against Riordan before the defendant's formal arraignment Dec. 23. The “information” is a court document listing all charges prosecutors plan to pursue and the basis for those charges.

“We will afford the defendant the due process he's entitled to,” Goldinger said. “The defendant has the right to file a writ of habeas corpus, which would in essence be a preliminary hearing before a common pleas court judge.”

Zunder again declined to comment when contacted Wednesday about the latest developments.

In light of Tuesday's proceedings, Stoughton lowered Riordan's bond to $10,000. A few hours later, he was released from prison.

Meanwhile, Anthony said that while he was still trying to make sense of the legal process, he remains cautiously optimistic.

”I truly believe,” he said, “the justice system will work, eventually.”