Attorneys/Judges
| Prosecutor(s): | Kiran Vashishta | | Judge(s): | Barbara Newman |
CONVICTED: Was justice served?
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Case #3983 Rating: 4.0 out of 5
Dog kicked resulting in ruptured bladder
Bronx, NY (US)Incident Date: Monday, Nov 5, 2001
County: Bronx
Disposition: Convicted
Defendant/Suspect: Alan Pena
Case Updates: 1 update(s) available
Alan Pena, 22, was indicted by a grand jury on two counts of aggravated cruelty to animals which could lead to a maximum sentence of two years in prison said Bronx District Attorney Robert Johnson.
Pena told an investigator for the American Society for the Prevention of Cruelty to Animals he lost his temper and kicked his dog, Chewey, a tan chow chow-German shepherd mix after the dog urinated on his apartment floor Nov 5.
The grand jury ruled that Pena's conduct was intended to cause "extreme physical pain" and was carried out "in an especially depraved or sadistic manner for no justifiable purpose."
When Pena's girlfriend took Chewey to an ASPCA hosopital in Manhattan, a doctor found the dog had suffered a ruptured bladder, bruising around his right kidney and fluid in his lungs.
Chewey had to be sedated before he was examined because he was in so much pain. The doctors drained 2 liters of urine from the dog's abdominal cavity.
ASPCA police arrested Pena and removed another dog and cat from his home. Condition of the other pets was not released.
Pena is being held on $2,500 bail.
Chewey remains in the animal hospital in serious condition.
Case UpdatesBronx District Attorney Robert T. Johnson announced today that a 22 year old Bronx man has been convicted of Aggravated Cruelty to Animals for kicking his dog, causing the animal's bladder to rupture.
Alan Pena, of 765 Courtlandt Avenue, pled guilty to the unclassified felony offense that occurred in his apartment on November 5, 2001, when the dog urinated on the floor. Pena admitted that he had kicked the dog because he lost his temper. The defendant's action violated New York State's Agriculture and Markets Law.
Acting State Supreme Court Justice Barbara Newman set sentencing for Thursday, April 4, 2002 in Part 44. Under terms of the plea agreement, Pena will be sentenced to five years probation and 200 hours of community service. Pena will also have to attend a court mandated anger management course and may not own any animal for five years. His injured dog, which is still under a veterinarians care, has been surrendered to the ASPCA for adoption.
Pena, after kicking the dog last November, directed his girlfriend to take the animal, a mixed breed Chow-German Shepherd, to the ASPCA's Henry Bergh Memorial Hospital in Manhattan. According to the veterinarian who examined the dog, the animal was suffering from a ruptured bladder that was the result of a tear measuring four centimeters long. There was also bruising around the dog's right kidney, fluid in the lungs and two liters of urinary fluid in the abdominal cavity, which had to be drained. The dog was in so much pain that it had to be sedated before the vet could even begin the examination.
The case against Pena is being prosecuted by Assistant District Attorney Kiran Vashishta of the Investigations Division. | Source: Bronx District Attorney's Office - Feb 21, 2002
Update posted on Dec 1, 2008 - 10:10PM |
References- Associated Press - Nov 19, 2001
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