A 56-year-old Battle Creek man sentenced in an animal cruelty case two years ago will remain behind bars following a failed appeal.

David Hursley was sentenced as a fourth-time habitual offender after the February of 2016 incident, where he was found guilty of beating a dog and shooting it with a pellet gun. Hursley was charged with animal torture in the case and sentenced to 3-years, 10-months to 15 years in prison.

Hursley argued that the evidence in the trial was not sufficient to convict him of animal torture, his entitlement to kill the dog due to the animal attacking him and improper sentence as a habitual offender. He also argued that letters from community members that were read previous to his sentencing should have been disallowed.

The State Court of Appeals ruled in favor of the Calhoun County Court’s decision on March 6th.

Hursley's earliest chance of parole is July 12, 2020. He remains behind bars in the Upper Peninsula's Newberry Corrections Facility.