CONVICTED: Was justice served?
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Case #880 Rating: 3.3 out of 5
Left dog without shelter - froze to death
Albany, NY (US)Incident Date: Thursday, Feb 28, 2002
County: Albany
Disposition: Convicted
Defendant/Suspect: Joseph Gadomski
Joseph Gadomski, 61, was sentenced to 10 months in jail for letting his crippled German shepherd die in freezing temperatures after an angry judge told him he had forgotten why dogs are called man's best friend.
Gadomski was convicted last month by a City Court jury of cruelty to animals, a misdemeanor. He was arrested last February by K-9 Officer James Teller, six weeks after Conan, nearly 14, was found frozen to the ground behind 230 Washington Ave.
Assistant District Attorney Eric Galarneau told the jury, "The dog was left out in the cold, literally and figuratively. He was left out there to die."
Evidence showed the dog was 50 pounds underweight and dragged his crippled hind legs when he tried to walk, the prosecutor said.
"He froze to the ground next to his water dish, which was completely frozen over," Galarneau said. "Nobody saw any food."
Godamski insisted that while the Albany airport recorded the temperature at 20 on Dec. 28, 2001, his back yard was 8 degrees warmer and the dog was used to it.
Galarneau asked Judge William A. Carter to send Gadomski to jail. It's unusual for animal cruelty cases to go to trial, but Gadomski rejected an offer of 60 days and three years' probation.
Gadomski cried and said he has owned five or six shepherds since 1965 and treated them all properly. He said he allowed the dog "to live out his natural life."
"Surely, if I was mistreating that dog, he would not have lived that long," Gadomski said. "Believe me, this dog died from old age."
Defense attorney Paul Edwards asked for probation, considering his client's age and lack of a criminal record. Carter told Gadomski he had to take responsibility for his actions.
"When you were told he was severely malnourished, you said he wouldn't eat," the judge said. "When you were told he was out in freezing temperatures, you said the dog liked the cold."
Gadomski claimed the dog had shelter but police didn't take photos. "The only shelter I could see was a hole he had dug in the ground," Carter said. He recalled the trial testimony of Animal Control Officer Lenny Charbonneau, who said "he never felt so bad for an animal." References« NY State Animal Cruelty Map
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