Case Details
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Case Snapshot
Case ID: 14399
Classification: Beating, Throwing
Animal: dog (pit-bull)
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Attorneys/Judges
Prosecutor(s): Adam Levy, Mary Jane MacCrae
Judge(s): Peter Collins, James T. Rooney


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CONVICTED: Was justice served?

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Case #14399 Rating: 2.6 out of 5



Puppy thrown, punched, slammed into pavement
Lake Carmel, NY (US)

Incident Date: Thursday, Aug 14, 2008
County: Putnam

Charges: Felony CTA
Disposition: Convicted

Defendant/Suspect: Gerald T. Barrett

Case Updates: 3 update(s) available

A Lake Carmel man is accused of throwing his girlfriend's 4-month-old pit bull into a car, punching the dog six times, then slamming it on the pavement five more times, breaking the puppy's jaw, police said today.

In addition to a felony animal-cruelty charge, Gerald T. Barrett, 20, of 11 Laguna Road, faces three misdemeanor assault charges for injuring the dog's 18-year-old owner and resisting arrest, police said.

The woman, from Southeast, walked into the town police station Saturday afternoon, crying hysterically and exhibiting injuries to her face and neck. She told Officer Kevin Radovich that Barrett hit her and was threatening to kill her dog, police said.

Sgt. Carl Champagne responded to Barrett's home a few minutes later. Barrett ran inside, and was taken into custody a few minutes later.

Barrett, an appliance salesman in Somers, injured the dog around 9 p.m. Thursday, police said. Besides the broken jaw, they said the dog had several broken teeth, broken blood vessels in its eyes and substantial swelling to its face. The dog was treated Friday and Saturday at the Katonah-Bedford Veterinary Clinic in Bedford Hills.

The female puppy, named Cali, weighs 22 lbs., police said.

Barrett is accused of biting his girlfriend on the cheek, choking her and throwing her to the ground, police said.

Town Justice Peter Collins sent him to the Putnam County jail on $5,000 bail. He is due back in Town Court on Oct. 6, although a felony hearing may be held there this week, police said.


Case Updates

A man who admitted breaking a puppy's jaw has been sentenced to two years in prison and ordered never to keep any pets.

Putnam County Judge James Rooney imposed the sentence on 20-year-old Gerald Barrett of Lake Carmel after rejecting a more lenient plea bargain.

Barrett admitted in October that he punched his ex-girlfriend's 4-month-old pit bull, Cali, and then called the young woman from jail despite an order of protection. He pleaded guilty to animal cruelty and contempt.

Prosecutors had agreed to recommend six months in jail but Rooney said Dec. 4 that he found the pre-sentencing report disturbing. He told Barrett he could withdraw the plea, but he did not.

Wednesday's sentence includes a ban on keeping any animals other than farm animals.
Source: Newsday - Dec 18, 2008
Update posted on Dec 19, 2008 - 10:44AM 
A Lake Carmel man, who in October pleaded guilty to felony animal cruelty, might be facing a longer jail term that he originally anticipated.

Gerald T. Barrett, 20, of Laguna Road was due to be sentenced today in connection with an August incident where police say he broke the jaw of his girlfriend's 4-month-old pit bull puppy. He also pleaded guilty to a misdemeanor charge of criminal contempt for telephoning his 18-year-old Southeast girlfriend from the Putnam County jail in violation of a court order of protection and asking her to drop the charges.

Putnam County Judge James T. Rooney said this afternoon that after reading a pre-sentencing report he described as disturbing he could not go along with the deal between the Putnam County District Attorney's Office and Barrett's lawyer recommending he serve six months in jail and five years probation. Instead, Rooney, who said he read the report three times, said he would hand down a sentence of "straight incarceration."

"In a word it is very unsettling," the judge said of the pre-sentencing document. "Unfavorable would be a colossal understatement. It is one of the most unfavorable reports I have ever seen."

Rooney would say how long a sentence he would impose. Barrett, wearing jailhouse garb and with his hands shackled, kept his eyes lowered during the proceeding.

Because Rooney's sentence would differ from the plea bargain, Barrett has the right to withdraw his guilty plea and was given an opportunity to do so.

Barrett's attorney, Francis X. O'Reilly of Mahopac, said he would like a chance to discuss the options with his client. He would not comment further.

Assistant District Attorney Mary Jane MacCrae also would not comment, citing the case as ongoing.

The sentencing hearing has been adjourned to Dec. 17.
Source: LoHud.Com - Dec 3, 2008
Update posted on Dec 3, 2008 - 10:51PM 
A New Yorker has admitted in court that he attacked his ex-girlfriend's 4-month-old puppy, breaking its jaw and several teeth.

Putnam County District Attorney Adam Levy says 20-year-old Gerald Barrett of Lake Carmel has pleaded guilty to felony animal cruelty and will be sentenced to six months in jail.

Levy says the dog, a pit bull named Cali, is recovering well.

He says an assault charge alleging that Barrett attacked the ex-girlfriend as well as the dog was dropped, with her consent, as part of the agreement.

Barrett has to stay away from the ex-girlfriend for five years, undergo psychological counseling and pay the veterinary bills.

The district attorney said Tuesday that he received letters of concern for the dog from all over the country.
Source: AMNY - Oct 7, 2008
Update posted on Oct 7, 2008 - 9:54PM 

References

« NY State Animal Cruelty Map
« More cases in Putnam County, NY

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