Man Gets Maximum Sentence in Road Rage Dog Death

Originally published by Reuters, July 13, 2001

SAN JOSE, Calif. (Reuters) — A California telephone repairman convicted of hurling a lap dog to its death in speeding traffic was sentenced to the maximum of three years in state prison on Friday after the judge in the case said he saw no real sign of remorse.

Andrew Burnett, 27, was convicted last month of felony animal cruelty for causing the death of "Leo," a bichon frise he grabbed from his owner's car and hurled into traffic after a minor accident outside San Jose International Airport on Feb. 11, 2000.

Burnett had described the incident as an accident, saying he reacted instinctively after Leo allegedly bit his hand. A county probation investigator this week recommended that he be sentenced to probation rather than jail time.

But San Jose Superior Court Judge Kevin Murphy agreed with prosecutors, who said Burnett had shown no real remorse for the incident and passed the maximum sentence—to cheers from animal rights advocates and others attending the hearing.