It's hard to believe a 3 year old pit bull can be chained to a picnic table in the pre-dawn icy cold of 19 below zero with his flesh tearing from him and the investigation into his abandonment would not lead to a charge of animal cruelty. Instead the two-day investigation by the Utica Police Department led to charges that could be filed against probably half of the pet owners in any given community. They include: Dog Running at Large, Owning an Unvaccinated and Unlicensed Dog.
The charges sound trivial. The public reacted explosively to the absence of animal cruelty charges. We've seen this type of reaction before. There's something about the nearly universal love of pets that unites people in speaking out about cases of abuse. I asked Sgt. Hauck of the Utica Police tonight about these charges that will likely bring a fine and no jail time. He said investigators just don't have evidence to prove the dog's owner tied him to that bench. The owner's story is the dog got away while taking a walk the night before.
Many of you, even the Utica Mayor, have called for tougher laws against animal cruelty in New York State. One woman even asked me to take the lead on making the laws tougher through our Shamrock Animal Fund. Changing the law is more difficult and takes time. And in this case would not have made a difference. The issue of proving the case still would have been at issue.
New York's Agriculture and Markets Law offers several provisions already for animal cruelty charges in case of abandonment, lack of shelter and nourishment. Most of the offenses are misdemeanors, but there is a section under aggravated cruelty to animals that does provide for a felony charge which includes the necessity to show the offender has the intent to harm the animal.
So the laws are there. They're not likely to change in any significant way. What could change is giving greater priority to thorough investigation, consistent prosecution and full throated sentencing by the judicial system.
An example beyond Apollo's case is the incident in November of the shooting of Brownie the shepherd mix in Syracuse. The dog was shot in the throat. The owner called police. The police came and did little investigation saying it was likely a shot from a BB gun. SPCA animal cruelty investigators got there some time later after whoever shot the dog had a chance to dispose of evidence. No case was made the shooter has gone unpunished.
Members of all of our Central New York communities should continue to let public officials and law enforcers know how much you care about the proper prosecution of those who abuse animals. How we care for those who can't care for themselves is a powerful measure of the quality of our community.
Any questions or comment please forward them to mattsmemo@CNYcentral.com. I may even use some of your thoughts on NBC 3 News at 5:00, the 10:00 News on CW6 or on CNYcentral.com.
The opinions expressed in this blog are the sole responsibility of the author and are not reflective of the views or opinions of Barrington Broadcasting, WSTM-NBC3, its management or employees.
