On October 31, 2025, Lincoln County Circuit Court Judge Amanda Benjamin sentenced 47-year-old Tyson Kay to 18 months prison for killing Daisy, a 6-year-old black labrador retriever, with a shotgun loaded with birdshot in July 2024. Kay was found guilty of one count of Aggravated Animal Abuse in the First Degree and one count of Animal Abuse in the First Degree after a two-day trial concluded on October 21, 2025.
Law enforcement initially responded to NE Yaquina Heights Drive on July 5, 2024, at approximately 11AM, after receiving a 911 call from Sharon Biddinger that her dog, Daisy, had reportedly been shot by a neighbor. Gerry Biddinger immediately responded to Kay’s residence and found Daisy injured, wet, and panting heavily. Officers from the Newport Police Department, Toledo Police Department, and the Lincoln County Sheriff’s Office responded quickly and began investigating Daisy’s injuries. Initially, Kay stated that he had shot Daisy with a less-lethal shotgun round to scare her off his property. However, after Daisy was transported to the Grove Veterinary Clinic, it was determined that Daisy had been struck with several dozen small metal pellets consistent with birdshot. Unfortunately, the extent of the damage was catastrophic, and Daisy succumbed to her injuries.
At trial, Kay argued that he did not know birdshot was loaded in his shotgun but, regardless, he was justified in killing Daisy to protect baby chicks living on the property. At trial, both arguments directly contradicted Kay’s statements to law enforcement on the day of the offense, as he repeatedly told investigators that Kay had loaded his own shotgun in anticipation of shooting Daisy should she show up on his property, as well as repeatedly confirming that Daisy was not chasing any animals on the property prior to being shot.
At sentencing, DA Jenna Wallace urged the Court to find substantial and compelling reasons to impose a prison sentence given Kay used a firearm and was on probation at the time he unlawfully killed Daisy. Additionally, DA Wallace argued that Kay’s 15 prior criminal convictions spanning over the past 20 years demonstrated a clear disregard for the law and his lack of previous consequences has failed to deter additional criminality.
Both Sharon and Gerry Biddinger spoke at sentencing addressing Kay and the impact his conduct has had on them since Daisy’s death.
Ultimately, Judge Benjamin found substantial and compelling reasons to impose an 18-month prison sentence with 24 months of post-prison supervision. Kay’s shotgun was forfeited, and he has been prohibited from possessing any firearms upon his release from prison.
This case was prosecuted by District Attorney Jenna Wallace and Deputy District Attorney Marshall Thompson. This case was investigated by Deputy Soren Cullivan, Lincoln County Sheriff’s Office. The District Attorney’s Office would like to thank Deputy Cullivan and Lincoln County Sheriff’s Office for recognizing the traumatizing impact animal abuse cases can have on our community and dedicating already limited resources to fully investigating these types of crimes. The District Attorney’s Office would also like to thank the Newport Police Department and Toledo Police Department for responding and assisting in this investigation.
