ELKHART COUNTY, Ind. -- The Elkhart County Prosecutor's Office filed a petition for delinquency for a 16 year old accused of throwing a firecracker at a dog. The dog picked up the firecracker and it exploded in its mouth. The dog had to be euthanized.

Marquis Gary, now 16, was 15-years-old when he allegedly threw the firework at the dog.

Gary was charged with cruelty to an animal, a Class D felony.

During a review of the cruelty allegation, it was determined that a robbery case involving Gary was pending review. In that case, Gary is one of three people accused of using a gun to rob someone.

The prosecutor's office filed a formal petition of delinquency in juvenile court for robbery while armed with a deadly weapon, a Class B felony.

In addition, the prosecutor's office is filing a motions for waiver of juvenile jurisdiction to adult court on both counts.

Gary was taken into custody on July 8th on an unrelated matter and has been held in the Juvenile Detention Center since that time.