Man Kills Dog Owner after Pet Pees on Prize Lawn; Killer Gets Probation, No Prison

JOLIET, Ill. (CBS/AP) Last October, suburban Chicago homeowner Charles Clements, who took exceptional pride in his lawn, was convicted of killing his neighbor in a dispute that started when the neighbor's dog urinated on that lawn.

On Wednesday, Clements, an ex-marine who could have gotten up to 20 years in prison for second-degree murder, was instead sentenced to four years' probation.

In rejecting prison time for the 69-year-old Clements, Will County Judge Daniel Rozak noted that the great-grandfather and Marine veteran from University Park, Ill. had never before had any contact with the legal system.

On May 10, 2010, 23-year-old Joshua Funches was walking his fox terrier when the dog urinated on Clements' lawn, which had earned the homeowner awards for its beauty. The pair argued, and Funches hit Clements, according to CBS station WBBM. But Clements followed Funches off his property and shot and killed him.

In convicting Clements of second-degree murder, jurors decided that at the time of the shooting, Clements thought he was acting in self-defense but that his belief was unreasonable, according to WBBM. Testimony at the trial showed that Clements fired after Funches cursed at him and punched him in the face.

"This is certainly not justice," Williams said.

In a statement, the Will County State's Attorney's office said, "(Rozak) is an excellent judge and we respect his decision."

At a sentencing hearing the week before last, Clements had apologized for his actions. That hearing was interrupted when Funches' mother began to hyperventilate in court.

Clements attorney, Daniel Collins, said Clements "is absolutely relieved, and very thankful to the judge for his consideration."