Pet store owner Mike Nardella says he is thrilled to have the video that sparked his legal battle against pet store chain PetSmart.
PetSmart and the man who shot the video, Joe Smith, are both now fighting in court.
The video showed Smith pulling the cat, known as “Pete” from a cage and shooting him in the head several times.
Pete’s mother, Debra, says she was stunned to hear about the incident.
The couple’s lawyer, Mark Geragos, said PetSmart fired Smith because of the video.
Smith is not a licensed pet store owner.
But the man he shot the cat with had been on the PetSmart payroll for two years.
Pet Smart says the video was not a part of its inventory, and that Smith was just trying to take down the pet store.
In an email to the Sun, a PetSmart spokeswoman said, “PetSmart never has and never will condone the sale or possession of animals.”
The video sparked the legal battle.
Smith, who lives in Scottsdale, Arizona, and was driving with his son and daughter when they stopped to pick up a cat, said the cat was not the target of the shooting.
“I was just doing my job and doing my business,” Smith told The Arizona Republic.
Smith was arrested on May 14, 2014.
He said he did not know what the cat’s name was, but that he was familiar with PetSmart’s name.
He was charged with felony animal cruelty, felony animal neglect, and felony aggravated animal cruelty.
Smith had been a Pet Smart employee since 2009.
He worked in PetSmarts stores in Scotnsdale, Tempe, Scotts Valley and Prescott.
But he was fired in January 2015 for the video after PetSmart received a complaint from his former employer.
Smith has not been arrested.
Geragos said he filed a motion to dismiss on the grounds that PetSmart had violated PetSmart employee rights.
Peters store chain is appealing the dismissal to the U.S. Ninth Circuit Court of Appeals, but a judge did not issue a ruling.
Gerads said he plans to appeal the dismissal.
“They should’ve known this was going to happen,” Geragos told the Sun.
The PetSmart lawsuit claims Smith intentionally took the cat from a pet store and took it to PetSmart stores around the country.
Petitions to boycott PetSmart were launched on Change.org and were later joined by other online petitions and a petition on Change of District Court’s website.
Gerades’ petition also called for PetSmart to take the case to the court system.
“The judge said they have no choice but to dismiss because the Pet Smarts actions are illegal, unconstitutional and unconstitutional,” Gerads told the Phoenix New Times.
Gerges motion to set aside the dismissal was denied on June 2.
He says the case is still before the court.
Gerros said he is trying to figure out how to resolve the matter with Pet Smart, but said the case could drag on for years.
“If we lose, it’s a $10 million or more judgment,” Gergers told the newspaper.
Pet stores say they can’t take their customers to court to get back the money they have paid out in cash and merchandise because of PetSmart complaints.
Gerbers lawyer said he has not heard back from PetSmart or Smith.
Smith’s attorney, Scott Oakes, said Smith is working on his own legal action against PetSmart but would not comment on the ongoing litigation.
Smith told the Republic that he did his job, but he did it on the basis of Pet Smart’s policies and procedures.
“When you put something out there and you put your life on the line to get it to market, that’s what I did,” Smith said.
Smith says he will file a motion for a jury trial to determine if PetSmart should be held liable.
“Pet Smart has been negligent in not informing the courts that the video had been shot, the footage had been uploaded, and the video is now available to the public,” Smith’s lawyer said in a statement.
Smith said the video shows PetSmart employees trying to help him sell his business.
He has filed an appeal with the Arizona Supreme Court.
The Arizona Supreme, in a brief opinion in the Petitive case, said it did not have jurisdiction to hear Smith’s appeal.
“A trial court’s order is not binding on the trial court on appeal,” the court said.
PetSites owner Joe Smith in Phoenix, Arizona.
Pet owners say they want PetSmart back.
“It’s a huge blow for us,” said Mike Nartella, the owner of PetSite Pet Supplies, in Scotds Valley.
“We’re devastated by this whole thing.”