The killings of two dogs owned by the manager of the Schuyler County Animal Shelter have sparked a letter-writing campaign urging the sheriff and district attorney to press charges against the man accused of shooting the dogs.
Killed were Hershey, a 28-pound brown female pointer mix, and Zach, a 55-pound shepherd-beagle-labrador mix. They were shot Dec. 26, 2005 after they escaped from the fenced-in yard of their owners, Robert and Kate Mizzoni of Watkins Glen. Kate Mizzoni is manager of the Schuyler County Animal Shelter.
Susan Ford, founder of Friends of the Schuyler County Animal Shelter Inc., wrote to Schuyler County Sheriff Bill Yessman and District Attorney Joseph Fazzary, urging action in the case. The letter asks the officials to "pursue any criminal charges, including without limitation aggravated animal cruelty, obstruction of justice, reckless endangerment, and unlawful shooting, against (the man accused in the shooting) to the greatest extent allowable under the law."
The Star-Gazette, which received a copy of the letter, will not name the man unless charges are filed. As many as 50 people have pledged to send the letter to officials, Ford said. Kate Mizzoni said she has been with the animal shelter for more than three years. "Kate commits her whole life to preventing (animal) abuse. That's the tragedy," Ford said. "To have this happen to her - or anyone, for that matter - is so wrong. Her family is incredibly distraught."
Yessman said the incident was being investigated by his office. He said that no charges had been filed. Fazzary said his office also was investigating the matter. "We understand the concerns of the people whose animals were killed and those of the alleged shooter," Fazzary said. "We're looking at both allegations, and we will make an informed decision after the investigation is complete." Fazzary, who said he had not seen the letter, declined further comment.
Zach, the larger dog, belonged to Robert and Kate Mizzoni's 15-year-old son, Michael Mizzoni.
"They played football together. You name it, they did it," Kate Mizzoni said of her son and his dog. "Zach was like a cartoon character. He pulled some crazy antics."
Hershey, a smaller female, was Kate Mizzoni's dog, she said. "I used to call her my little oxygen tank because she was always following me around," Kate Mizzoni said. "She used to sleep curled around my head at night. I always asked her if she was a human or a dog. It used to drive me nuts, but I'd give anything to have that back."
The man accused in the shooting - a neighbor of the Mizzonis - claimed he was protecting his pheasants from coyotes, according to the letter addressed to Schuyler County officials. He could not be reached for comment. "We've had no problems with him in the past," Kate Mizzoni said. "They keep to themselves, we keep to ourselves. We can't figure out what we did to make him do this."
The family has six other dogs, Kate Mizzoni said. "The other dogs are just moping around now," she said. "It's so quiet now." "Regardless of (the man's) motivation, it was clearly illegal for him to be shooting in a residential neighborhood at anything, especially if he could not tell at what he was shooting," the letter states. "The results were tragic." Kate Mizzoni said: "I want something done. I don't want this to ever happen to someone else. There are no words to describe the emptiness we feel. It's not a good feeling." "We're trying very hard to keep our anger and emotion out of this," Ford said. "We want the (legal) system to do what it's supposed to do. We're not asking anyone to unfairly judge (the man). Let a judge decide. That's all we're asking." Case UpdatesA man accused of shooting his neighbors' dogs was found guilty Wednesday on an animal cruelty charge.
Kevin L. Pierce, 45, of Reading, was convicted on one count of cruelty to animals. However, he was found not guilty on a second count of the same charge.
Reading Town Justice John D. Norman Jr. handed down the verdict Wednesday, calling it a �long, hard decision.� It followed a two-day trial in early June in which seven witnesses were called to the stand, including Pierce, the Mizzonis, a veterinarian, a Department of Environmental Conservation officer, and a Schuyler County sheriff's deputy.
The sentencing will likely be scheduled for sometime in September, Norman said.
Schuyler County Chief Assistant District Attorney Matthew C. Hayden, who prosecuted the case, said the animal cruelty charge is a Class A misdemeanor, and because Pierce has a limited criminal history, he will probably receive probation and a fine.
The incident took place Dec. 26 on Jennings Road, a country road in the hills north of Watkins Glen.
Pierce shot and killed two dogs belonging to Robert and Kate Mizzoni, his next door neighbors. The dogs had apparently broken out of their kennel and attacked pheasants that Pierce was keeping in a pen on his property.
Pierce then shot the Mizzonis' dogs with a 20-gauge shotgun.
One was a 3-year-old male Labrador Retriever, Beagle and German Shephard mix named Zack. The other was a small, 2-year-old female Dachsund and German Shorthaired Pointer mix named Hershey, the Mizzonis said.
Pierce's defense attorney, George Patte of Ithaca, said that Pierce heard a commotion outside, came outside, and saw his pheasants being attacked. Pierce had the right to defend his property, Patte said. It was dusk, and Pierce mistook the dogs for coyotes in the fading light, Patte added.
Nine of Pierce's pheasants were killed, he claimed. Although Pierce was apparently unaware, it was illegal for him to keep the pheasants on his property, a violation for which he was later ticketed.
Both dogs were shot inside the pheasant pen, which had collapsed.
Pierce shot Zack, the bigger dog, first. The dog was shot twice. Pierce was found not guilty on that charge. The smaller dog, Hershey, was killed next, from slightly closer range. Pierce was found guilty for killing that dog.
In spite of his claims that it was growing dark, Pierce still managed a direct shot to the head of the smaller dog from 70 feet away, Hayden pointed out.
Hayden speculated that the judge may have believed Pierce's contention that he shot the first dog in defense of his property. But shooting the second dog probably didn't seem justifiable to the judge, Hayden said.
Patte called the split verdict strange, saying because the shootings happened within seconds of each other under very similar circumstances, the verdict should have been the same on both charges. He said he may appeal the judge's decision.
The Mizzonis say Pierce's defense was ridiculous. They have lived next door to him for 11 years, and they say that Pierce could see clearly, and knew perfectly well that he was shooting at their dogs.
The Mizzonis and their children were home at the time, and they were traumatized by the incident, they said. The dogs were beloved pets, they said. Their 9-year-old daughter MacKenzie has been afraid to play outside in the yard ever since, they added.
Kate Mizzoni works at the Schuyler County Animal Shelter and had adopted both dogs from the shelter.
She said she was satisfied with the guilty verdict that was returned.
�At least now the message is out there that cruelty to animals won't be tolerated,� she said. �Instead of using violence, there were many other options that were available.�
�A simple phone call to us might have avoided a lot of problems,� her husband added.
Pierce hasn't apologized or shown any remorse, the Mizzonis said.
Family members of both Pierce and the Mizzonis crowded the courtroom Wednesday to hear the decision.
Several animal rights activists from Farm Sanctuary in Watkins Glen were also there to support the Mizzonis. An engraved stone was recently dedicated at Farm Sanctuary as a memorial to the slain dogs. | Source: Corning Leader - July 13, 2006
Update posted on Jul 13, 2006 - 10:52AM |
The owner of two dogs killed by a neighbor was issued a summons on January 15, 2006 for failing to keep her animals confined.
The Schuyler County Sheriff's Department would not confirm that Kate Mizzoni, owner of the dogs, has been issued the summons.
A letter to the Star-Gazette from the Friends of the Schuyler County Animal Shelter Inc., where Mizzoni is employed as manager, stated that she was issued the summons at her home.
"We are extremely disappointed and we don't understand the intent, because if the intent is to punish (Mizzoni), she has been punished. She lost her dogs," Susan Ford, president of the Friends of the Schuyler County Animal Shelter, said. "If (the summons) was intended to prevent her dogs from leaving her yard, or act as a deterrent, that action has already been taken. There's been a lock on their gate since the day after the dogs were killed." Mizzoni could face a fine for the violation, Schuyler County District Attorney Joseph Fazzary said Monday. Mizzoni could not be reached for comment, but Ford said, "... She's a very responsible dog owner. This has never happened to her before."
The man accused of shooting the dogs, Kevin L. Pierce, 45, of Jennings Road in Watkins Glen, was charged January 14, 2006 with two counts of animal cruelty. He could not be reached for comment. Police said Pierce thought the dogs were coyotes in his pheasant enclosure. Pierce, charged with two misdemeanors, faces a maximum penalty of one year in jail and a $1,000 fine or both, Fazzary said.
The Dec. 26, 2005 killing of the two dogs - Hershey, a 28-pound brown female pointer mix, and Zach, a 55-pound shepherd-beagle-labrador mix - sparked a letter-writing campaign urging the sheriff and district attorney to press charges against the man suspected of the shootings. Fazzary said his office received between 120 and 150 letters during the past week regarding the case. | Source: Star Gazette - January 17, 2006
Update posted on Jan 19, 2006 - 12:15AM |
A man accused of shooting two dogs owned by his neighbor was charged January 14, 2006 with two counts of animal cruelty.
Kevin L. Pierce, 45, of Jennings Road in Watkins Glen, is accused of shooting the dogs Dec. 26, 2005 after they escaped from the fenced-in yard of their owners, Robert and Kate Mizzoni of Watkins Glen. Kate Mizzoni is manager of the Schuyler County Animal Shelter. Pierce thought the dogs were coyotes in his pheasant enclosure, according to a news release from the Schuyler County Sheriff's Department.
"I don't know what to say," Kate Mizzoni said of the arrest. "We're still having a hard time trying to get through it. This has deeply affected our family. It's been a very long three weeks." Pierce was issued a ticket to appear in Reading Town Court, but a date had not been set. The penalty for the animal cruelty charges was not clear in the news release about Pierce's arrest, and a call to Schuyler County District Attorney Joseph Fazzary was not immediately returned.
The killings of two dogs - Hershey, a 28-pound brown female pointer mix, and Zach, a 55-pound shepherd-beagle-labrador mix - sparked a letter-writing campaign urging the sheriff and district attorney to press charges against the man suspected of the shootings. "The letter campaign had the desired effect," said Susan Ford, founder of Friends of the Schuyler County Animal Shelter Inc., who urged people to write letters. Ford said a deputy told her that up to 35 to 45 letters from across the state arrived at the Sheriff's Department each day. Some letters sided with Pierce. "A person has the right to protect his or her livestock, family and property against trespassers of any species," Pearl Cunningham wrote in an e-mail to the Star-Gazette. "When one fails to contain one's animals, the worst should be expected and one has nobody to blame but oneself."
However, most letters sided with the Mizzoni family. "People react when it's a pet because pets don't have a voice of their own," Mizzoni said. "People have to speak for them." "People made it clear this was in their interest," Ford said. "It's very encouraging. Hopefully, the system will continue to work and punish (Pierce) appropriately. "It's just been a frustrating process," Ford said. "It's disappointing that only (animal cruelty) charges came out of it, but we'll see what happens." | Source: Star Gazette - January 15, 2006
Update posted on Jan 16, 2006 - 12:09PM |
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