Leo - Guilty verdict - Sentencing July 13
kinda long but here's the story from KNTV channel 11 in san jose
Jury finds man guilty in road rage dog killing
June 19, 2001 - After a year-long police investigation and two weeks of trial, it took a jury only 40 minutes to convict Andrew Douglas Burnett of felony animal cruelty today in connection with the death of Leo the dog.
Burnett, 27, now faces up to three years in state prison for grabbing Leo on Feb. 11, 2000 from inside Sara McBurnett's Subaru Legacy and throwing him into oncoming traffic, where the white bichon frise was struck and killed.
"I think it was the right verdict. Obviously, the evidence in this case was overwhelming," Deputy District Attorney Troy Benson said after the verdict was
read this morning in Santa Clara County Superior Court.
Burnett, a San Jose resident, showed no reaction as the court clerk read the verdict. Defense
attorney Marc Garcia said his client had been expecting a guilty verdict almost from the moment he was indicted in April.
"From the time that he was indicted on April 13 until this day, Andrew understood that there was a negative feeling in the court of public opinion," Garcia said.
Burnett's fiancie, Jackie Figgins, said the media has given people the wrong impression about him.
"Andrew is a very loving, very sweet young man. He feels bad for Sara McBurnett. He does feel bad," Figgins said.
McBurnett, of Incline Village, Nev., said she was relieved by the verdict. She believes Burnett has yet to accept responsibility for killing her beloved pet, which she referred to as "my child."
"He still, I believe, doesn't think he did anything wrong," McBurnett said.
Prosecutor Benson agreed that Burnett has shown no remorse.
"No ordinary person would have done this. Andrew Burnett is the only person in the whole world who thought this was reasonable," Benson said.
Santa Clara Police Sgt. Phil Zaragoza said Burnett is the type of person who thinks only of himself.
"Andrew Burnett is the type of man who will do and say anything to achieve want Andrew Burnett wants," Zaragoza said.
Zaragoza took over the Leo investigation in December 2000 after a San Jose Police Department spokesman said that there would never be an arrest in the case.
Zaragoza's investigation was the major factor that contributed to Burnett's indictment and subsequent conviction, according to both Benson and Assistant District Attorney Al Weger.
Benson plans to ask Santa Clara County Superior Court Judge Kevin Murphy to impose the maximum three years when Burnett is sentenced on July 13. Benson cites the recently discovered evidence that while stationed with the U.S. Navy in Puerto Rico in 1995, Burnett allegedly beat a disabled dog to death.
"With the new evidence that has come forward, this is a person that has shown a complete disregard for the animal," Benson said.
The eight-woman, four-man Leo jury never heard about the alleged Puerto Rico incident. After the incident came to light, Garcia decided against putting Burnett on the stand to tell the jury his side of the story, despite promising it in his opening statement.
Burnett has already taped an interview with ABC to run on one of their primetime news shows in which he will tell his side of the story.
Burnett remains in custody in Santa Clara County Jail. He has three other felony cases pending in Santa Clara County, including charges that he stole a van from Pacific Bell, his former employer, in December 2000.
After the verdict was read today, the judge acknowledged the extensive media attention the case has generated.
"It was a short case, but it was an important case," Murphy told the jury.
Santa Clara Valley Humane Society spokeswoman Leslie Baikie-Khavari said the society's board of directors will meet on Wednesday with law enforcement officials to discuss the distribution of the approximately $120,000 reward fund in the case.
The Humane Society has scheduled a 1 p.m. news conference on Thursday at its headquarters to announce what will be done with the reward money.
