Bronx DA: Bronx Man Sentenced To Jail For Abusing Small Dog


Defendant Kicked Dog In Head And Sent It Flying Into Brick Wall;

Canine’s Eye Had To Be Surgically Removed


Bronx District Attorney Darcel D. Clark today announced that a Bronx man has been sentenced to two years in jail for kicking a small, 10-year-old dog on a Bronx street, leaving the canine with multiple injuries.


District Attorney Clark said, “The defendant pleaded guilty to kicking a Chihuahua mixed breed dog and will now serve the maximum two-year sentence for the attack. The dog has been traumatized after losing an eye and suffering multiple injuries. We will continue to prosecute those who commit such cruelty against defenseless animals.”


District Attorney Clark said the defendant, Dwayne Smith, 28, of 3538 Tryon Avenue, wassentenced today to two years in jail by Bronx Supreme Court Justice April Newbauer. The defendant pleaded guilty to Aggravated Cruelty to Animals on November 14, 2018. He cannot own an animal for ten years and must register with the NYC Animal Abuse Registry.


According to the investigation, on February 21, 2018 on the corner of Wayne Avenue and East Gun Hill Road in the Bronx, the defendant was in a dispute with the dog’s owner and her family members. Nearby surveillance camera video showed the defendant kick the 11-pound dog, named Pooches, in the head with tremendous force, sending her up in the air for several feet until she hit a brick wall. Pooches then fell to the ground unconscious with her right eye bleeding and bulging out of its socket. The dog suffered a fractured cheekbone, extensive bruising, and had to have her eye surgically removed.


The case was prosecuted by Assistant District Attorney Melanie Smith of the Economic Crimes Bureau under the supervision of Richard Kearney, Deputy Chief of the Economic CrimesBureau, and William Zelenka, Chief of the Economic Crimes Bureau, and the overall supervisionof Jean T. Walsh, Chief of the Investigations Division. District Attorney Clark thanked Dr. Alison Liu, Forensic Veterinarian of ASPCA; Erin Satterthwaite, Bronx Legal Advocacy Counsel, ASPCA; and NYPD Officer Nicholas Konner of the 52nd Precinct for their assistance.

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