SAN JOSE, Calif., July 13 — A man who tossed a fluffy little dog to its death in a bout of road rage last year was sentenced to the maximum Friday: three years behind bars.
ANDREW BURNETT, 27, was convicted last month of animal cruelty for throwing the bichon frise named Leo into oncoming traffic after a fender-bender with the dog’s owner.
The courtroom erupted in applause when Judge Kevin Murphy, who said Burnett’s release would pose a danger to the community, rejected a recommendation for probation. During the sentencing hearing, Burnett’s mother had asked for leniency, calling her son an animal lover.
Burnett never turned to look at Leo’s owner, Sara McBurnett of Incline Village, Nev., during the hearing.
“Words can never convey the depth of love I had for my dog Leo,” McBurnett testified Friday. “His clear intent was to terrorize me in the fastest and clearest way he could under the circumstances.”
McBurnett and other witnesses testified that after the minor traffic accident in February 2000, Burnett yelled at her, reached through her open car window, grabbed the dog and hurled it into oncoming traffic.
The 10-year-old pet was struck seconds later.
“It wasn’t just a dog to me,” McBurnett testified during the trial. “For me it was my child. He killed my baby right in front of me.”
Burnett’s attorney, Marc Garcia, said his client instinctively snatched the dog from the car after it bit him.
The attack outraged dog lovers and led to a widespread search for the dog’s killer.
Authorities released a sketch of a suspect in the case in March 2000, but the investigation stalled after McBurnett failed to pick Burnett out of two photo lineups.
Police said an anonymous e-mail tipped them to Burnett, who had been jailed since Jan. 4 on charges connected to the disappearance of a repair van from his employer, Pacific Bell, that was filled with $68,000 worth of equipment.
