TOPEKA, Kan. (KSNT) – The trial of a man accused of shooting a dog in the face has been scheduled for Jan. 31.

Dian Workman’s 18-month-old red setter Lucy was shot in the face by a neighbor, John Stover.

Stover said it was an accident, and he just meant to scare the dog with a warning shot. Hewill face a judge on Jan. 20 for a pre-trial, then face a jury on Jan. 31.

The dog had escaped his own yard and was in the neighbor’s yard where it was under a shed.

The neighbor, John Stover, texted Workman to let her know the dog was on his property. Workman left the house and was on her way when she heard a gunshot.

“I got down, took a little peek, seen he was on one side so I just thought I would shoot on the one side and [the] sound would scare him out of there,” said Stover. “So that’s what I did, but it must’ve moved to the other side.”

Workman took Lucy to the animal hospital where they removed one of her eyes and performed surgery on her face. The whole ordeal cost around $4,000 and Workman said they will have to remove Lucy’s other eye, which would be another $1,000.

Stover originally said he will not pay for the surgery, but in August of 2021 was reconsidering it.

A GoFundMe page for Lucy has raised $2,245 of a $5,200 goal.