Attorneys/Judges
| Prosecutor(s): | Kate Hogan, Emily Davenport | | Defense(s): | Gary Hobbs | | Judge(s): | Harry Demarest |
Dog shot with pistol, police officer charged
Hague, NY (US)Incident Date: Sunday, May 27, 2007
County: Warren
Charges: Misdemeanor
Disposition: Convicted
Defendant/Suspect: John J. Sheehan
Case Updates: 4 update(s) available
John J. Sheehan, 36, of Hauppauge, Long Island, appeared in Hague Town Court on June 14, arriving late for his arraignment on misdemeanor charges of animal cruelty, illegally discharging a firearm within 500 feet of a dwelling and across a highway.
The case has been adjourned until Aug. 2.
Sheehan allegedly shot the dog with a .38 caliber pistol on May 27 on Summit Drive, where he also maintains a summer residence. On June 12 Warren County Sheriff Larry Cleveland announced that criminal charges would be filed.
When the incident first became public on June 4, Cleveland said he had asked the Warren County District Attorney's office to determine if charges were warranted. There has been a public outcry expressing concerns about Sheehan since the shooting. According to reports, neighbors are outraged, and some have even posted signs along Summit Drive.
Sheehan is charged with shooting Zeus, a a 1-year-old, 30-pound boxer dog. The incident occurred at the home of Eric and Alicia Coon, while the dog's owner and a child watched. The dog was seriously injured by a gunshot to the head and had to be euthanized.
"There's nothing illegal about carrying a gun while jogging, but I've got to tell you that personally I find it very unusual," Warren County Sheriff Larry Cleveland said.
Sheehan was wearing a holstered handgun while he was allegedly jogging past the home of the Coon family and claims the dog came at him. It has been reported that Sheehan says that the dog had harassed his girlfriend the day before. Witnesses say that he was testing the gun at his residence earlier in the day and then allegedly deliberately went to area of the Coon residence to bait the dog, shooting it when the dog left its owner's property. Sheehan claimed he shot the dog in self defense.
Police said deadly force was unwarranted and they had been unable to establish that the dog was attacking Sheehan as he has claimed.
"It just seems like there was a lot more things he could have done other than shoot the dog. There are other ways and I don't think jogging with a gun is the answer to taking care of the dogs," said animal control officer Lin Benway.
This is the third time since 2001 that Sheehan or his father, a retired police officer, have shot a dog in the residential area of Route 8 in Hague in northern Warren County. Sheehan shot and killed another dog on Summit Drive in July 2005. He wasn't charged in that incident, also citing self defense. When Sheehan's father shot a dog on his son's property, he escaped charges too.
The animal control officer says the police officer was just 110 feet away and wonders if the shooting in 2005 was justified.
"You could see one, maybe. I know dogs do attack, but, I'm glad the DA is looking into the situation," Benway said.
If convicted, Sheehan faces up to a year in jail and a $1,000 fine on the animal cruelty charge, and three months each plus a $200 fine on each of the firearms charges.
Case UpdatesThe Long Island police officer who illegally shot a neighbor's dog may not escape the convictions with only a fine.
Lawyers in the case have successfully argued Justice Harry Demarest for a re-sentencing in the case of John J. Sheehan, who was found guilty of two misdemeanor charges for shooting a gun across a road and from within 500 feet of a home. The hearing will be held Wednesday at 10 a.m.
When he issued a written decision convicting Sheehan earlier this month, Demarest imposed a $400 fine by writing.
But the Warren County District Attorney's Office had wanted to seek an order of protection against Sheehan on behalf of the dog's owner as well as restitution for the veterinarian bills they incurred when having their dog treated.
So Warren County District Attorney Kate Hogan said she asked Demarest to hold a sentencing hearing so that her office could make specific sentencing requests, because both the prosecution and defense have a right to be heard before sentence was imposed.
In addition to the restitution and order of protection, Hogan said her office also plans to ask the judge to impose 100 hours of community service on Sheehan, who is a patrolman for the Suffolk County Police Department.
"We think in light of the crimes there should be some community service," Hogan said. Sheehan, 37, of Hauppauge, was off duty at his family's seasonal home in Hague when he shot a young boxer named Zeus on May 27, 2007. The dog had to be euthanized because of the head injury that resulted from the shooting.
Sheehan testified he was defending himself because he thought the dog was going to attack him, and he was found not guilty of a misdemeanor animal cruelty count.
But the judge found him guilty of the two other misdemeanor charges in the shooting, counts that are each punishable by up to 60 days in jail. It has been unclear if Sheehan has been disciplined by his employer. Calls to the Suffolk County Police Department were not returned.
Sheehan's lawyer, Gary Hobbs, couldn't be reached for comment Monday morning.
Sheehan's lawyer, Gary Hobbs, said he planned to make a motion to throw out the convictions for a lack of evidence. He said he also questioned whether restitution could be imposed, in light of the fact Sheehan was found not guilty of animal cruelty.
It has been unclear if Sheehan has been disciplined by his employer. | Source: Post Star - July 29, 2008
Update posted on Jul 29, 2008 - 11:08PM |
Court contact information for this case is as follows:
Bolton Town Court
P.O. Box 478
Bolton Landing, NY 12814
Phone: 518-644-2202
Fax: 518-644-2726
Warren County DA Office:
Phone: 518-761-6405
Fax: 518-761-6254
Court Date: October 24, 2007 10 a.m.
Case # 07070005
Prosecutor:
The Honorable Emily Davenport
1340 State Route 9
Lake George, NY 12845
Phone: 518-761-6405
Fax: 518-761-6254
Judge:
The Honorable Harry Demarest
Bolton Town Court
P.O. Box 478
Bolton Landing, NY 12814
Phone: 518-644-2202
Fax: 518-644-2726
Tips for Effective Letter Writing:
http://www.pet-abuse.com/pages/action_alerts/letter_writing.php | Source: Bolton Town Court Case #07070005
Update posted on Oct 6, 2007 - 9:28PM |
John J. Sheehan will appear in court next for a Huntley hearing on October 24, 2007 at 10:00 a.m. in Bolton Town Court.
Huntley provides that a defendant may challenge the voluntary and lawful nature of any statement made to police if the prosecution intends to use the statement at trial.
Sheehan has been charged with animal cruelty and illegally discharging a firearm after allegedly shooting a neighbor's dog in Hague, where he maintains a summer residence.
The off-duty Suffolk County cop is charged with shooting Zeus, a two year old boxer in front of the dog's owner and a child.
The dog was seriously injured by a gunshot wound to the head and had to be euthanized.
Sheehan was wearing a holstered handgun while he was allegedly jogging past the home of the Coon family and claims the dog came at him.
Police said deadly force was unwarranted and they had been unable to establish that the dog was attacking Sheehan as he has claimed. | Source: Bolton Town Court
Update posted on Aug 24, 2007 - 1:46PM |
The case of the Suffolk County cop criminally charged in the shooting of a dog in the Town of Hague over Memorial Day weekend has been transferred to Bolton Town Court.
Hague town justice Heather Knott reportedly recused herself from the case although she didn't clearly define the perceived conflict.
John J. Sheehan, 36, of Hauppauge, Long Island, is scheduled to appear in Bolton Town Court before town justice Harry Demarest on Aug. 22 at 3 p.m. a clerk said Friday.
Sheehan has been charged with animal cruelty, illegally discharging a firearm within 500 feet of a dwelling and across a highway after shooting a dog with a .38 caliber pistol on May 27 on Summit Drive where he also maintains a summer residence
The off-duty cop is charged with shooting Zeus, a two year old boxer while the dog's owner and a child watched at their residence on Summit Drive. The dog was seriously injured by a gunshot to the head and had to be euthanized.
Sheehan was wearing a holstered handgun while he was allegedly jogging past the home of the Coon family and claims the dog came at him.
Police said deadly force was unwarranted and they had been unable to establish that the dog was attacking Sheehan as he has claimed.
This is the third time since 2001 that Sheehan or his father, a retired police officer, have shot a dog in the residential area of Route 8 in Hague in northern Warren County. Sheehan shot and killed another dog on Summit Drive in July 2005. He wasn't charged in that incident, also citing self defense. When Sheehan's father shot a dog on his son's property, he escaped charges too.
If convicted, Sheehan faces up to a year in jail and a $1,000 fine on the animal cruelty charge, and three months each plus a $200 fine on each of the firearms charges. | Source: North Country Gazette - Aug 3, 2007
Update posted on Aug 10, 2007 - 1:10PM |
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