Edward McMorris
Edward McMorris (Boulder County Sheriff's Office)

A man accused of kicking and stomping on his then 4-month-old puppy, Tater, in 2012 pleaded guilty to a misdemeanor in November after an appeal by the Boulder District Attorney's Office to file felony charges against him failed.

Edward McMorrris, 27, pleaded guilty to one count of misdemeanor animal cruelty Nov. 21 and was sentenced to 136 days in jail, for which McMorris was given credit for time served, according to Catherine Olguin, a spokeswoman with the Boulder DA's Office.

In exchange for the plea, a misdemeanor charge of obstructing a police officer was dismissed.

McMorris was originally charged with a felony count of aggravated animal cruelty, but Boulder County Judge David Archuleta ruled prosecutors did not have probable cause to try McMorris on the felony and dismissed the count at a preliminary hearing in September 2012.

Prosecutors appealed the ruling, but the Colorado Supreme Court declined to hear the case.

Tater has since been reunited with his former owner in California.

Boulder police Officer Ashly Flynn testified that at around 11:48 p.m. Aug. 29, 2012, she saw McMorris dragging Tater on a leash behind him as he was walking near the intersection of Broadway and Canyon Boulevard. When she was finally able to get the leash away from McMorris, Tater was "listless," and had difficulty standing up, she said.

Several witnesses reported McMorris, a transient, was repeatedly kicking Tater, with one witness saying he stomped on the puppy's head and back several times.

Contact Camera Staff Writer Mitchell Byars at 303-473-1329, byarsm@dailycamera.com or twitter.com/mitchellbyars.