Attorneys/Judges
| Prosecutor(s): | James A. Murphy III |
Tiny dog punched, kicked and thrown
Ballston Spa, NY (US)Incident Date: Monday, Oct 11, 2010
County: Saratoga
Charges: Felony CTA
Disposition: Alleged
Alleged: Justin C. Taylor
Case Updates: 1 update(s) available
A Saratoga County man was arrested last night under Busters Law for allegedly killing a Chihuahua, after what began as a domestic disturbance.
Police said Justin C. Taylor, 30, of Ballston Spa, NY, punched, kicked and then threw the family dog, "Kalvin", a 3.6 pound Chihuahua, to the floor causing severe head trauma, eventually killing the dog. Police found the dog behind the house covered with leaves, where Taylor attempted to hide the dog.
Prior to killing the dog, Taylor was involved in a domestic disturbance with his girlfriend, and is facing a misdemeanor charge for striking her.
Taylor, a member of the Air Force, was arrested on two counts of third degree assault, and aggravated cruelty to animals (Buster's Law), a felony, and could face up to two years in prision.
Case UpdatesThe case of Justin C. Taylor �" who was schedule to appear in Ballston Spa Village Court Monday to face assault charges and a violation of Buster's Law �" was adjourned until Dec. 13 while the Saratoga County District Attorney's office gathers evidence and witnesses to bring before a grand jury.
"We want him to be prosecuted to the fullest extent of the law," said Mary McChesney, mother of Taylor's girlfriend who he allegedly put in the hospital after a domestic incident in October. While the charges for the injuries he is accused of inflicting on her are only misdemeanors, Taylor is also charged with a felony violation of Buster's Law for allegedly killing her 3-1/2 pound Chihuahua in the same altercation.
Taylor's trial is not yet set to go to Saratoga County Court, but Saratoga County District Attorney James A. Murphy III said "it is likely it will go to the grand jury," and it is "up to the grand jury to decide whether it will go to county court."
Buster's Law, a colloquial term for the state's aggravated cruelty to animals statute, has both misdemeanor and felony levels. Taylor faces the felony charge for allegedly punching, kicking and throwing Kelvin the Chihuahua against a wall and floor until the animal was dead and then allegedly attempting to hide the body under his Ballston Spa home.
The grand jury is awaiting witness subpoenas and the necropsy �" or autopsy of the dog �" before it begins deliberations on the case and decides whether to pursue the felony charge.
According to McChesney, the district attorney's office had originally discussed the possibility of a plea agreement with her and her daughter, but the two had decided it would not be enough.
"We don't want a plea agreement," she said, voicing her frustration with the fact that Taylor was released on his own recognizance based on his military service.
"He beat up my daughter two days in a row and then killed her dog in front of her," she said. "He was home before we got her out of the hospital, and that is our court system at work."
Furthermore, she said she is angry because the charges for assaulting her daughter were only misdemeanors.
"He beat her up and it's only a misdemeanor �" that is ridiculous," she said. "The only reason you're hearing about her incident is because he killed her dog." | Source: saratogian.com - Nov 29, 2010
Update posted on Nov 29, 2010 - 11:03PM |
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