Man convicted on animal cruelty charge

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The Leader

BY Derrick Ek

READING CENTER | A man accused of shooting his neighbors' dogs was found guilty Wednesday on an animal cruelty charge.

Kevin L. Pierce, 45, of Reading, was convicted on one count of cruelty to animals. However, he was found not guilty on a second count of the same charge.

Reading Town Justice John D. Norman Jr. handed down the verdict Wednesday, calling it a “long, hard decision.” It followed a two-day trial in early June in which seven witnesses were called to the stand, including Pierce, the Mizzonis, a veterinarian, a Department of Environmen-tal Conservation officer, and a Schuyler County sheriff's deputy.

The sentencing will likely be scheduled for sometime in September, Norman said.

Schuyler County Chief Assistant District Attorney Matthew C. Hayden, who prosecuted the case, said the animal cruelty charge is a Class A misdemeanor, and because Pierce has a limited criminal history, he will probably receive probation and a fine.

The incident took place Dec. 26 on Jennings Road, a country road in the hills north of Watkins Glen.

Pierce shot and killed two dogs belonging to Robert and Kate Mizzoni, his next door neighbors. The dogs had apparently broken out of their kennel and attacked pheasants that Pierce was keeping in a pen on his property.

Pierce then shot the Mizzonis' dogs with a 20-gauge shotgun.

One was a 3-year-old male Labrador Retriever, Beagle and German Shephard mix named Zack. The other was a small, 2-year-old female Dachsund and German Shorthaired Pointer mix named Hershey, the Mizzonis said.

Pierce's defense attorney, George Patte of Ithaca, said that Pierce heard a commotion outside, came outside, and saw his pheasants being attacked. Pierce had the right to defend his property, Patte said. It was dusk, and Pierce mistook the dogs for coyotes in the fading light, Patte added.

Nine of Pierce's pheasants were killed, he claimed. Although Pierce was apparently unaware, it was illegal for him to keep the pheasants on his property, a violation for which he was later ticketed.

Both dogs were shot inside the pheasant pen, which had collapsed.

Pierce shot Zack, the bigger dog, first. The dog was shot twice. Pierce was found not guilty on that charge. The smaller dog, Hershey, was killed next, from slightly closer range. Pierce was found guilty for killing that dog.

In spite of his claims that it was growing dark, Pierce still managed a direct shot to the head of the smaller dog from 70 feet away, Hayden pointed out.

Hayden speculated that the judge may have believed Pierce's contention that he shot the first dog in defense of his property. But shooting the second dog probably didn't seem justifiable to the judge, Hayden said.

Patte called the split verdict strange, saying because the shootings happened within seconds of each other under very similar circumstances, the verdict should have been the same on both charges. He said he may appeal the judge's decision.

The Mizzonis say Pierce's defense was ridiculous. They have lived next door to him for 11 years, and they say that Pierce could see clearly, and knew perfectly well that he was shooting at their dogs.

The Mizzonis and their children were home at the time, and they were traumatized by the incident, they said. The dogs were beloved pets, they said. Their 9-year-old daughter MacKenzie has been afraid to play outside in the yard ever since, they added.

Kate Mizzoni works at the Schuyler County Animal Shelter and had adopted both dogs from the shelter.

She said she was satisfied with the guilty verdict that was returned.

“At least now the message is out there that cruelty to animals won't be tolerated,” she said. “Instead of using violence, there were many other options that were available.”

“A simple phone call to us might have avoided a lot of problems,” her husband added.

Pierce hasn't apologized or shown any remorse, the Mizzonis said.

Family members of both Pierce and the Mizzonis crowded the courtroom Wednesday to hear the decision.

Several animal rights activists from Farm Sanctuary in Watkins Glen were also there to support the Mizzonis. An engraved stone was recently dedicated at Farm Sanctuary as a memorial to the slain dogs.