Case Details

Puppy shot, killed by neighbor
Oswego, NY (US)

Date: May 1998
Local Map: available
Disposition: Convicted

Abuser/Suspect: Thomas Irwin

Case ID: 3230
Classification: Shooting
Animal: dog (non pit-bull)
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Animal was offleash or loose
Abuse was retaliation against animal's bad behavior
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An Oswego County Court Judge reduced the sentence of an Oswego town man convicted a year ago of shooting and killing a neighbor's puppy.

Thomas Irwin, 42, of 7300 state Route 104, town of Oswego, is still guilty of cruelty to animals, a misdemeanor, for shooting Thor, a Labrador retriever puppy, in May 1998, said his lawyer, Salvatore Lanza of Fulton.

However, thanks to an appeal, Irwin will not have to serve the nine-month jail sentence imposed in November. Judge William Burke changed the sentence Sept 7 to a one-year conditional discharge, $68.50 restitution for the puppy, 100 hours of community service at an animal shelter and a $1,000 fine, Lanza said.

Lanza said one of the appeal's main issues was the sentence, which he said was unduly cruel and harsh.

Under the one-year conditional discharge, Irwin cannot during that time "violate any laws, state, local or federal," Lanza said. He said that generally doesn't include traffic violations.

Irwin posted bail and served one day of his sentence in November.

The jury in his trial cleared him of what Lanza considered a more serious charge, reckless endangerment. Three teenage boys, including the puppy's owner, were in the area when Irwin fired his 12-gauge shotgun at the dog. Irwin had said the dog was growling at him and threatening some domestic geese.

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References

Syracuse NY Herald - Sept 16, 1999

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