The San Jose Mercury News reports that Bud Wally Ruiz was charged this week with two felony counts of cruelty to animals after he allegedly threw the 6-week-old dog across a room during an argument with his wife. Ruiz also was charged with one misdemeanor count of spousal battery.

Because of his prior convictions, prosecutors could try Ruiz under California’s “three strikes” law. The law imposes a mandatory sentence of 25 years to life on repeat offenders charged with violent crimes.

Marcella Ruiz tells the Mercury News that she thinks her husband did not mean to hurt the puppy. She says had asked him to leave her house and when she objected to his taking the dog, he threw the bag in which he had put the animal in her direction. The bag hit the wall and the dog, Teddy, was killed.