MONROE COUNTY, NY – A criminal case against the two people accused of shooting a dog with a crossbow in Greece has been dismissed.

The Monroe County District Attorney’s Office told News10NBC it plans to appeal the decision.

In July, James Smith and Linette Torres were accused of shooting Bogart the dog with a crossbow. Bogart’s owner posted in August that after months of recovery, Bogart died.

News10NBC expects to speak with Bogart’s owner on Thursday.