Legal Question in Civil Rights Law in New York

sentencing

I was wondering if there are programs out there that deal with unfair sentencing of individuals, maybe due to race, gender and type of animal you own. The situation involves a Staffordshire terrier aka pit bull. I believe my brother is being discriminated on due to the fact that he is a Hispanic male, and the breed of his dog. My brother is facing a lot of time over an accident that could have happened to anyone. His Pit bull attacked his Girlfriend and did damage to her noise. She says the attack was forced by my brother. When in fact the dog seen my brother in danger and was protecting him from her. The dog acted on instinct and jumped on the girl. My brother has no criminal history and he is 26 yrs old. He is very respected by others and was honorable discharge lance corporal in the Marine Corps. Many people think he is being railroaded in the small town of Geneva, New York. I don't understand how the criminal justice system can be so unfair. My poor brother is so young and he is facing more time than murders and rapists. He will not accept a plea bargain because he refuses to admit that he is guilty of an accident that he had absolutely no control over. Please help me help my brother.


Asked on 1/13/05, 1:41 am

2 Answers from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: sentencing

You are asking a lot of questions here. First of all, try to avoid getting to where your brother needs a program to help reduce his sentence. Unfortunately, he is legally responsible for the attacks of a dog like a pit bull. Civil Law-not criminal- in a case for money damages would be bad news for him in this situation.

Unfortunately, while there may be a law about discrimination, and Latino's are a protected class, Pit Bulls are not. Your question assumes that because your brother is Latino he is being discriminated against because his pit bull hurt a woman.

Actually, it sounds like its all about his pit bull; a white guy would be having the same problem were the positions reversed. I would recommend that he consult a criminal attorney and if they are trying to get him to put the dog to sleep, that he do it because it will happen eventually and in the meanwhile if the dog attacks again, it will make his situation worse.

Pointer: this could not have happened to anyone: only to a person with a pit bull.

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Answered on 1/13/05, 2:36 am
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: sentencing

If this dog has NEVER attacked anyone before, then it is not considered to have vicious propensities just because it is a pit bull. DO NOT PUT THE DOG TO SLEEP. There are organizations to help/save pit bulls. If this dog was trained by your brother to attack/fight and your brother commanded him to attack, he should be punished. It's the dog that is innocent.

Sounds like a question of fact for a jury to decide.

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Answered on 1/13/05, 11:04 am


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