RYE — Accused of endangering the public when he shot and killed a dog attacking his own pet, a Rye man waived his Superior Court arraignment, while police are still awaiting results of a necropsy, said Police Chief Kevin Walsh.

Charged with a felony is Robert Vose, 62, of 79 Old Beach Road, Rye. Police allege that on Dec. 16, Vose shot an Alaskan malamute with two 9 mm rounds in an area between the parking lot and entrance to the Rye town forest. The malamute named Jah was attacking one of Vose’s Pomeranian dogs at the time, Walsh previously said.

The criminal case against Vose was forwarded to the Rockingham County Superior Court under the new Felonies First program, which bypasses the local circuit courts. Walsh said because Vose has waived his arraignment, the case now moves through the process for possible consideration by a grand jury.

According to the police chief, when his department receives the necropsy results for Jah, they will be provided to the Rockingham County Attorney's office and it will be up to that office whether to comment about the results.

Police took custody of the semiautomatic pistol they say was used to kill Jah and suspended Vose's license to carry a concealed weapon, Walsh previously said. According to the police chief, the law allows someone to shoot and kill an animal, including a domestic dog, under certain circumstances. He said the charge against Vose pertains to public safety.

“People in the immediate area were not safe,” he said.

Neither of the involved dogs was leashed at the time and Rye does not have a leash law. In the month since the shooting, residents Brenda and Frank McDermott asked the Board of Selectmen to reconsider a town leash law. Walsh earlier this month attended a selectmen's meeting and proposed an ordinance for a town-wide leash law.