Buffalo Woman Found Not Guilty of Cruelty to Animals
Just last week, the Buffalo News published a story regarding an animal cruelty case, which our client was found not guilty. The client was acquitted of all misdemeanors, which would have been punishable by up to a year in jail. On June 15th, 2022, Cheektowaga police and animal control officers were called to a plaza on Union Road for a dog in distress. Upon arrival the officers allegedly found an 8-year-old male Boston Terrier mix in the car, which was allegedly having a seizure and vomiting.
Despite the allegations of the officers, the town justice previously assigned to the case denied a request by the District Attorney's Office that the court impose a no-aminal order at the client's arraignment. The dog would be returned to the client after being held temporarily by the SPCA Serving Erie County.
Last Tuesday, September 5th, Cheektowaga Town Court Justice John Wanat ordered our client pay a $100 fine within the next two weeks, according to the Erie County District Attorney's Office. Previously, last month, during a two-hour non-jury trial, the client was found guilty of a single count of "confinement of a companion animal inside a vehicle in extreme temperatures." This charge is significantly less serious than the misdemeanor charge they were also charged with, "of overdriving, torturing and injuring animals and failure to provide proper sustenance under the New York State Agriculture and Markets Law. This would have been punishable by up to a year in jail.
In defense of the client, attorney Daniel DuBois demonstrated that the dog had been provided water inside the vehicle to drink, and that the client left all four windows of the vehicle partially open for the animal. The client had only been inside shopping for about 15-20 minutes. DuBois also decribed the dog as a flat-faced breed, that does not have to be in distress to be observed panting and drooling.
This case demonstrates once again that when you are faced with a crime, if you don't provide yourself with an experienced defense attorney, your sentence can look very different.
These stories are available through News stories locally here in WNY. Past outcomes do not guarantee results. In the event that you have a question about a criminal case against you or someone you know, please contact Dan DuBois via our contact form or by phone. We will help you best understand the process and remember, we understand, we never judge.