No, he's been arrested for it, because of suspicion from the vet, the asap,
and the police, not convicted. So, there's not the conclusive evidence. I just bet he did it. We'll have to wait for the trial, if there is one.
I think it would be hard to accidentally kick the animal hard enough to kill it. I've walked into my dogs' heads, they've hit their heads hard on the coffee table when they jumped off the couch a few times by misjudging the distance or their leap. I've even kicked them when out walking and walking briskly, rolling them.
The big dogs have crashed into them when they were running...on a couple occasions. None of those things ever even fazed them. Yeah, I'm not 240 pounds but these dogs are tiny. I'm not saying it's impossible...not at all. But I just have a gut feeling he did it. But that will have to be proven if he's to be convicted. We'll see.