Man Gets Three Years in Dog's Death
Pet Was Flung to Death in Bout of Road Rage
By RON HARRIS
.c The Associated Press
SAN JOSE, Calif. (July 13) - A judge said he didn't believe the apology of a man convicted of throwing a small dog to its death in traffic and sentenced him Friday to a three-year prison term, the maximum.
''I'm really sorry for what happened,'' Andrew Burnett testified before the sentencing. ''I'd like to say I'm sorry to the McBurnett family. If there's anything I could ever say or do to bring back Leo, I would.''
The courtroom erupted in applause as Judge Kevin J. Murphy imposed the sentence after saying the 28-year-old man was a danger to the community.
Burnett sought leniency after his June 20 conviction animal cruelty. He threw a bichon frise named Leo to his death following a fender bender with Leo's owner, Sara McBurnett.
''What the defendant said is he was sorry. It was an accident,'' Murphy said. ''It wasn't an accident.''
The judge said Burnett lied about the events that occurred Feb. 11, 2000, when McBurnett's car tapped the bumper of Burnett's car near the San Jose airport.
Witnesses said Burnett snatched the dog from McBurnett's lap and tossed him into traffic. Burnett's attorney maintained his client merely acted reflexively after Leo bit him.
''To describe his story as unbelievable is being polite,'' Murphy said.
Burnett's attorney, Marc Garcia, said he expects his client to appeal.
''I can't imagine that somebody who for 28 years had led a crime-free life, has been productive, has been responsible, could receive three years in prison on a first-time offense,'' Garcia said. ''It's just something that is unprecedented.''
Burnett is scheduled to go on trial next week on theft charges for allegedly stealing equipment from his van when he worked as a telephone repairman.
''Words can never convey the depth of love I had for my dog Leo,'' Sara McBurnett testified at the sentencing hearing. ''His clear intent was to terrorize me in the fastest and clearest way he could under the circumstances.''
Judy Nemzoff, a spokeswoman for the Society for the Prevention of Cruelty to Animals in San Francisco, said the case sends a strong message that society will not tolerate the wanton mistreatment of animals.
''We anticipate that society will demand that more and more offenders will be prosecuted to the extent of the law,'' Nemzoff said.
------------------------------------------------
I'm really conflicted on this one... our prisons are overcrowded and this seems like a crime of a lesser nature than rape or murder and yet I feel it was an incredibly violent act that shouldn't go unpunished.
Perhaps an incredibly hefty fine?? Community service?? If we had the accommodations readily available in jail I would have no qualms. What do y'all think?