'Road Rage' Dog Killer Gets Maximum Sentence

SAN JOSE, Calif. (Reuters) - A California man convicted of hurling a lap dog to its death in a notorious case of ``road rage'' was sentenced to a maximum of three years in prison on Friday after the judge rejected his last-minute apology for a crime which sparked an international outcry.

Animal rights activists packed into the San Jose courtroom cheered as Judge Kevin Murphy passed sentence against 27-year-old Andrew Burnett, who said he was sorry for the death of ``Leo'' the bichon frise and begged for leniency.

``I'm just very sorry,'' Burnett, handcuffed and clad in an orange jail jumpsuit, told the court. ``If there is anything I could ever say or do to bring back Leo, I would.''

Burnett showed no emotion as the sentence was read, although his lawyer said he was ``shocked and disappointed'' by the severity of the penalty.

Burnett's three-year sentence stood in sharp contrast to another recent ``road rage'' case in San Jose where a defendant was accused of causing the death of a 27-year-old man.

In a plea bargain that resolved that case, a 34-year-old San Jose man pleaded no contest to a charge of misdemeanor manslaughter in return for a sentence of nine months in prison, including credit for time served.

Animal rights advocates, led by Leo's owner Sara McBurnett, said the judge was right to throw the book at Burnett for plucking the fluffy white dog out of her car after a minor traffic accident in February, 2000, and hurling it to its death in oncoming traffic.

``Andrew Burnett was enraged by a minor incident in traffic and took out his rage on Leo because he was the easiest target,'' McBurnett said before sentence was passed. ``His clear intent was to terrorize me in the fastest and severest way he could under the circumstances.''

McBurnett, dismissing Burnett's courtroom statement as ``an apology from a pathological liar,'' said he had never shown any sign of true remorse for Leo's death.

``He was told what to say to try to get as much sympathy from the court as possible. I'm sure none of it was genuine at all,'' McBurnett said, adding that she believed he deserved as much as ten years in prison.

Murphy agreed, calling Burnett's explanation that he had instinctively flung Leo to the ground after the dog bit his hand ``ridiculous'' and an insult to the court's intelligence.

``It is not simply an animal cruelty case. It is a case of rage-induced violence. It is a case that needs to be dealt with harshly,'' Murphy said.

OFFICIALS HAD SUGGESTED PROBATION

The three-year sentence came despite a recommendation by the Santa Clara County Probation Department that Burnett be given probation rather than jail time for the crime.

The department investigator noted Burnett had no prior criminal record, and said he accepted responsibility -- if not guilt -- for Leo's death.

Burnett's fiancee, Jackie Figgins, expressed disbelief at the sentence, calling it completely out of proportion with the crime. ``You think of all the things people do to human beings and they get less time than him,'' Figgins told reporters.

Burnett, a one-time telephone repairman, was convicted last month of felony animal cruelty for Leo's death, a bizarre case of road rage which engrossed the San Francisco Bay Area, known both for its population of animal lovers and its infuriating traffic.

Prosecutors in the case depicted Burnett as a hot-headed driver who exploded in rage after the accident and took his fury out on Leo. The defense team argued the evidence had failed to show Burnett acted with the necessary criminal intent to be convicted of felony animal cruelty.

Donations into a reward fund for information on Leo's killer reached around $120,000, most of which was subsequently distributed to several people who had provided tips to police.

Despite the high-profile nature of the case, investigators initially said they had little to go on to identify a suspect beyond a description of the vehicle and its driver as a thin white man in his 20s with a goatee.

In December, however, police received an anonymous e-mail tip pointing toward Burnett, whom they were already investigating on separate, unrelated charges.

Burnett was later indicted by a grand jury in April, and pleaded not guilty. It was unclear whether he would appeal.

He is due back in court Monday for the start of a second trial in which he is accused of stealing a truck and equipment from his former employer, Pacific Bell, in December 2000.

-- (cin@cin.cin), July 13, 2001

Answers

Is this right? The two involved are Burnett and McBurnett? Or is that a type-o. Hell of a coincidence, dontcha think?

-- (hope he @does actual. jail time), July 14, 2001.

All I can say is it's a good thing for that guy that I am not king. He got off easy.

-- Uncle Deedah (unkeed@yahoo.com), July 14, 2001.

An acquaintance tells me that this fellow was once charged with beating a dog to death while on vacation to Puerto Rico. My friend did not know more, but someone here might.

Is that true? Did the accused do that? Any links? It seems to me that if true, the prosecution would have jumped on that scrap of information like a hundred-dollar bill blowing down the street.

-- Already Done Happened (oh.yeah@it.did.com), July 15, 2001.