paul warren smith , 61 , was identified as the man in a white marshall independent school district van seen in surveillance video tossing five , 3-week-old puppies over a six-foot fence at the humane society on saturday .
paul warren smith , 61 -lrb- photographed -rrb- , is facing an animal cruelty charge after police say he was caught on tape tossing five puppies over the fence in a manner that makes it unlikely that they landed on their feet .