The defense lawyer for a West Virginia man accused of animal abuse is asking the case to be taken back to square one after prosecutors refiled a previously dismissed felony charge in December.

John G. Riordan, 47, of Rock Cave initially faced several charges Sept. 23, including felony aggravated animal cruelty, for allegedly attacking a 13-year-old Spaniel with a sledgehammer in Summit Township.

But during an October preliminary hearing in Chicora, former Assistant District Attorney Russ Karl agreed to drop the felony charge to a misdemeanor count of animal cruelty and move the case on to county court.

Karl's former boss, District Attorney Richard Goldinger, did not approve of the decision and Goldinger refiled the original charges Dec. 12 in county court.

Riordan's lawyer, Michael Jewart of Butler, filed a motion Thursday to send the case back to the preliminary level. Jewart argued in his filing that the case was bound over to the county level only after the felony charge was dropped.

Because the felony charge is added back, Jewart wrote that the case should return to the preliminary level for due process to be observed.

Riordan also appears to be represented by Michael Zunder, according to court documents. Both attorneys work for the same law firm — Zunder & Associates.

The decision to send the case back to the district court will have to be made by county Judge William Shaffer.

Riordan's alleged attack left the dog with a badly swollen snout and jaw, missing and broken teeth and mental trauma, according to police.

When originally asked why he reduced the charge from a felony to a misdemeanor, Karl told the Eagle it was “because the dog is mending just fine, and that's good news.”

After Riordan's felony was originally dropped, Goldinger expressed his displeasure at the decision. At the time, Goldinger said the decision violated his policy of not reducing felonies at the preliminary level.

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

Soon afterward, Karl, who turned age 60 in December, retired from the prosecutor's office. Goldinger declined to comment further on his departure.