Dogs left without food, water or shelter
East Rutherford, NJ (US)Incident Date: Sunday, Dec 31, 2006
County: Bergen
Charges: Misdemeanor
Disposition: Dismissed
Person of Interest: John Soriano
Case Updates: 1 update(s) available
An 82 year old dog owner from East Rutherford, New Jersey is being charged with neglect due to him leaving his Husky Shepherd dog outside all day without food or water
For 16 years, John Soriano's dog has been free to roam his quarter-acre property in East Rutherford, New Jersey, returning to the house to eat, drink and sleep as she pleased.
But now, county officials have laid charges, claiming that the 82-year-old borough resident neglects the husky and German shepherd mix named Sam and have issued two summonses for leaving her outside on a cold day without food, water or heated shelter.
"For 16 years we had this dog here and never had a problem," Soriano said.
He now must go to Superior Court in Hackensack on March 27 to defend himself.
An anonymous tip alerted the Bergen County Society for the Prevention of Cruelty to Animals that Sam was being neglected. In early January. An SPCA inspector told Soriano that the law required him to provide shelter for the dog if she was to be outside on cold days.
The inspector returned later in the month and saw Sam sitting on the porch for 40 minutes in below-freezing temperatures, according to an official report. The inspector also observed a snout infection, which Soriano said a veterinarian is treating.
The investigator with the Bergen County Prosecutor's Office who is handling the case was unavailable for comment.
State law prohibits inflicting "unnecessary cruelty upon a living animal or creature" by failing to provide the animal "with proper food, drink, shelter or protection from the weather."
Sam's veterinarian, David Staubach, said she was in fine shape for her age, and that she walks slowly, with a slight limp from arthritis. He said that being outdoors for long periods in the winter would not affect a dog like Sam as it would smaller breeds like a dachshund or Chihuahua.
"The dog has got a big, thick coat," Staubach said. "It can be quite comfortable for extended periods of time in the cold weather."
Soriano, whose wife suffers from heart problems, said the constant scrutiny is too much.
"I don't like to live like that," he said. "That's not the American way, to have people always afraid to do anything or on edge that you're being watched all the time."
Former Mayor James Plosia, who lives nearby and owns an 11-year-old mongrel named Sonny, called the summonses to Soriano ridiculous.
"It's one of those things where they are making a mountain out of a molehill," said Plosia.
Dennis Maycher, a local attorney and family friend who is defending Soriano for free, said Soriano has done nothing wrong. And Sam's vet concurs.
"This big, old dog is 16 years old," Staubach said. "You don't get to be 16 years old without getting great care."
Case UpdatesA central municipal judge dismissed all charges against Jihn Soriano, who had faced animal cruelty charges for leaving his dog, Sam, outside on a frigid February day without water and shelter.
"I feel like I got a 400-pound rock off my back," Soriano said Wednesday.
If the misdemeanor charges had not been dismissed by Judge Tracy Zur, Soriano could have been fined between $250 and $1,000, faced up to six months in prison, or both for each charge, said Thomas Monahan, his attorney.
"This case was clearly not a case of abuse under any circumstance," Monahan said. "Mr. Soriano is truly a dog lover and not an abuser."
In January, the Bergen County Society for the Prevention of Cruelty to Animals received an anonymous complaint that the dog was being neglected. Soriano was told by an SPCA inspector that New Jersey law required him to provide shelter for the dog if she was being left outside on cold days. But according to the report, Soriano failed to comply.
Later, the same SPCA inspector observed the dog sitting on the porch last month for 40 minutes in below-freezing temperatures, according to the report.
Soriano's attorneys argued that he was a good owner, who had cared for the dog for more than a decade, and that Sam was a husky mix that could withstand extreme temperatures.
The prosecution's case was hampered by the last-minute withdrawals of two witnesses, said Richard Siniscalchi, an investigator with the animal cruelty task force at the Bergen County Prosecutor's Office.
"Without any witnesses at all, it's very hard to prove the case," Siniscalchi said Wednesday.
He said prosecutors stood by their decision to issue the two summonses to Soriano.
"I think he means well," Siniscalchi said of Soriano. "Hopefully, he would get a doghouse and do the proper thing, and that's all that's asked of anybody who owns a pet -- to take care of it properly."
Former Mayor James Plosia was one of the many residents, including two councilmen, who made the trip to Hackensack to support Soriano.
As the mercury climbed on Wednesday, Soriano said Sam was outside on the porch enjoying the balmy afternoon. "She is sunning it up like she usually does," he said. | Source: NorthJersey.Com - March 29, 2007
Update posted on Mar 29, 2007 - 3:53PM |
References« NJ State Animal Cruelty Map
« More cases in Bergen County, NJ
|
