A Bellevue man will not face a felony charge for killing the family dog with a golf club.

Sarpy County prosecutors have charged 41-year-old Carson Smith with misdemeanor animal cruelty. Prosecutor Matt Lieverman says that's because state law allows only a misdemeanor charge if an animal is hit once -- even if the animal dies.

Police say Smith bashed the family's rat terrier in the head with a golf club last month because it would not stop barking. The animal suffered massive skull and brain injuries and had to be euthanized.

Humane Society officer Mark Langan says he understands why Smith won't face a felony charge. He says the law needs to be changed.

The misdemeanor is punishable by up to a year in jail and a $1,000 fine.