Case Snapshot
Case ID: 16680
Classification: Bestiality
Animal: dog (non pit-bull)
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Attorneys/Judges
Prosecutor(s): Kathleen Rice
Defense(s): Leslie Shamis


For more information about the Interactive Animal Cruelty Maps, see the map notes.



Tuesday, Oct 12, 2010

County: Nassau

Disposition: Alleged

Alleged: Mitchell Marsicano

Police arrested a West Park Avenue man earlier today after he allegedly sexually abused his pet dog, Snowball.

Mitchell Marsicano, 55, of 432 West Park Avenue, pleaded not guilty on Friday to charges that he sexually abused the four-year-old male Shibu Inu on at least two separate occasions.

Marsicano was charged with sexual misconduct, attempted sexual misconduct and burglary after he allegedly forced his way into his tenants' apartment and engaged in sexual acts with the dog.

Nassau County District Attorney Kathleen Rice said that on at least two occasions between October 12 and October 21, Marsicano engaged in sexual misconduct with the dog in the upstairs apartment of the house he owned. Marsicano, who lived in the basement of his home and rented out other floors to two tenants, had previously turned over the care of the dog to his tenants, who claim that he had neglected and abused the animal.

Rice said the tenants contacted the D.A.'s Animal Cruelty Unit after witnessing Marsicano sexually abuse the dog in their apartment on Oct. 21 at approximately 2 a.m. after he entered the apartment without their permission.

One of the tenants, Daniel Miller, said he awoke to the dog's "squealing" and witnessed the disturbing scene in an empty adjacent bedroom.

"Immediately I woke up and it was the worst picture imaginable," Miller said, adding that he witnessed Marsicano on top of the dog, naked. Miller said he pushed Marsicano off of the dog, at which point Marsicano left the house. Miller said he called the Animal Cruelty Unit, and that Long Beach Police arrested Marsicano when he returned home.

Rice said the 23-lb. dog was removed from the home and underwent a veterinary exam at the Nassau Animal Emergency Group in Westbury. In a statement, Rice said that the veterinarian stated that the dog showed injuries to its legs, consistent with being roughly restrained; other injuries and conditions consistent with trauma; and was uncharacteristically skittish to being touched on its hindquarters.

"The medical examination did corroborate the allegations and support the charges," said Assistant District Attorney Jed Painter after Marsicano's arraignment. Painter would not comment on any forensic evidence.

Marsicano was charged with one count of second-degree burglary -- a Class C felony -- in addition to one count of sexual misconduct and one count of attempted sexual misconduct, both misdemeanors. He faces up to 15 years in jail if convicted of the burglary charge and one year in jail for the misdemeanor charges.

He was arraigned in Long Beach City Court, where his bail was set at $20,000 bond or $10,000 cash. The case is still under investigation by the District Attorney's Animal Cruelty Unit who are working with Long Beach police, Rice said, and additional charges could be added. Marsicano is due back in Nassau County court on October 27.

As Marsicano was led out of city court, he told reporters that the charges against him were false and that the forensic evidence was fabricated.

"It's unimaginable to think that anyone could carry out such unspeakable acts of cruelty and violence on a defenseless animal," Rice said in a statement.

Miller said that since April, Marsicano has neglected and abused the animal. He said he witnessed Marsicano having sex with the dog on Oct. 12, but that when he told his landlord that he was going to report the abuse, Marsicano threatened him and his roommate with force on several occasions.

"This was the last straw -- it's been going on for so long," Miller said. "That is one of the worst possible things someone can do. He's a monster."

Marsicano's attorney, Leslie Shamis, declined to comment following the arraignment.

Miller and his roommate, Mariah Mills, who also said she witnessed the abuse, were granted orders of protection against Marsicano at his arraignment, and said that they are hoping he is eventually convicted. They plan on moving out of the home soon, they said.

"We're hoping for a conviction and that he stays out of the community and away from animals," Miller told reporters. "It's been a horrible four months for us."

Rice said that Snowball is currently being cared for at the Freeport Animal Shelter.

"Thanks to the actions of witnesses, the Long Beach Police Department and the members of my office's Animal Cruelty Unit this dog is now safe and protected from any further abuse," Rice said.

References

  • « NY State Animal Cruelty Map
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