The death of Gary Deloy Griffiths does not appear suspicious, West Valley City Police Capt. Tom McLachlan said Tuesday, but he added that the state medical examiner has yet to determine the cause.

Griffiths allegedly killed "Ozzie," a 7-pound teacup Pomeranian, then pointed the .22-caliber rifle at Ryan Pahl when he came to the aid of his fatally wounded pet on Sept. 10, 2007.

Griffiths was charged with third-degree felony aggravated assault and misdemeanor counts of cruelty to animals and discharge of a firearm within 600 feet of a dwelling.

No trial date had been set. But during a November preliminary hearing, defense attorney Bevan Corry attorney argued that Griffiths' gestures toward Pahl with the gun did not rise to aggravated assault.

Corry also claimed Griffiths was justified in shooting the dog because it had a neighborhood cat by the throat.

After the hearing, Pahl said the dog's death continued to haunt him, his wife and their four children. Pahl said his family had abandoned the use of their backyard because they feared what Griffith might do next.

Animal rights proponents who attended the hearing called Ozzie's death another example of why Utah needed a tougher animal cruelty law. Lawmakers this year made animal torture a third-degree felony, but the statute applies only to domestic dogs and cats and exempts other pets and livestock.