Man Sentenced To Probation After Killing Neighbor Whose Dog Peed On His Lawn

A suburban Chicago man who shot and killed a neighbor whose dog peed on his lawn, was sentenced to four years of probation Wednesday by Will County Judge Daniel Rozak.

The Judge rejected prison time for University Park resident Charles Clements, 69, after noting the Marine vet had no prior criminal history.

Clements had faced a 20 year stretch behind bars, after a jury convicted him of the May, 2010 second-degree murder of Joshua Funches, 23. County Prosecutors argued that Clements killed Funches during a dispute when the younger man's fox terrier urinated on Clements' yard.

According to testimony at trial, Funches cursed at Clements several times and in response, Clements pulled out a .45-caliber handgun and then placed it back in his pocket.

Witness said that Funches then yelled at Clements, "Old man if you pull a gun on me you better plan on using it," then smashed his fist into Clements in the face.

Clements said he blindly fired his gun as he fell backward. He apologized for his actions during the sentencing hearing.

Jurors who convicted Clements of second-degree murder in October decided that Clements believed he was acting in self-defense -- a view they did not agree with.

Judge Rozak said the case wasn't just about a dog urinating on a lawn but about a man reacting to "being yelled at, pushed and punched in the face by a 23-year-old man."