SAN CLEMENTE (CBS) — A San Clemente man claims his neighbor purposely poisoned two dogs, killing one of them.

The neighbor insists it was all a horrible accident.

Who’s right, who’s wrong? Stacey Butler, reporting for CBS2, tries to sort it all out in a story you will only see on CBS2.

Marc Schroeder told Butler that three weeks ago, his seven pound Chihuahua mix named Diablito died after eating wet dog food that was laced with rat poison…left out in a dish in his neighbor’s back yard. “He really suffered,” says Schroeder.’

Schroeder’s friend’s German Shepherd, Atlas, also got into the food but only got sick.

Diablito, Spanish for “little Devil” was also known as Beto. The dog is now buried in Schroeder’s backyard.

He says he looked into his neighbor’s yard and found the food, laced with poison. He said his neighbor doesn’t have pets and there was no reason for there to be dog food in his yard. He called Animal Control, but they said there was nothing they could do — other than cite the neighbor. “They told me it’s just like an infraction where you get a ticket.”

The neighbor, Ray Haines, says he was trying to kill a pesky possum and not his neighbor’s dog. “I feel terrible about this.”

Haines insists he had no idea his neighbor’s dog frequented his yard. “I have a garden in the backyard and the possums were just tearing it up.”

Schroeder is devastated and angered that a deadly act against his dog is just an infraction and not a criminal act. So Schroeder started a campaign in his neighborhood.

Butler reports he has posted flyers all around the neighborhood warning other residents about the poison. He also hangs a banner from his home demanding prosecution.

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