KEENE, N.H. (CBS) — A candidate for the Keene City Council is facing animal cruelty charges for allegedly kicking a small dog to death.

The Union Leader reports that Toby Tousley, 55, kicked and killed a 17-year-old Pekingese Chihuahua mix named Teddy for relieving itself on Tousley’s yard.

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Tousley first tried to shoo the dog away.

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“When that didn’t work he kicked it once,” Keene police Sgt. Thaddeus Derendal told the newspaper. “Then it died.”

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Tousley is charged with misdemeanor cruelty to an animal. He’s due in court on Dec. 10.