Dozens of protesters lined up outside the Nassau County Courthouse Wednesday morning to demand a judge reinstate felony charges against a Hempstead man convicted of fatally kicking Mocha, a 4-pound Yorkie, during a neighborhood dispute over dog feces.
Carrying signs that read “Justice for Mocha” and “Stop Letting Animal Abusers Off the Hook” the group hoped to persuade Supreme Court Justice Howard Sturim to reconsider his decision to set aside the guilty verdict against Peter Galantino, 63, who was convicted in January by a jury of aggravated animal cruelty.
The Nassau County District Attorney’s Office charged that Galantino “acted sadistically” when he booted the dog in March 2020 during a fight with James and Elizabeth Joyce, who had confronted him on the street for not curbing his goldendoodle, Louie.
In the heat of the argument, Louie jumped on Elizabeth Joyce’s leg. When she pushed the dog off her leg, Galantino became enraged, she said at trial.
Elizabeth Joyce said under oath that Galantino said, “You kicked my dog, now I’m going to kick your dog.” She said the kick launched Mocha so high he cleared a telephone line.
Galantino, who runs a Long Island soccer league, testified he was frightened by the Joyces’ other dog, Aoife, a German shepherd.
After his conviction, Galantino’s lawyer Susan Carman filed a motion to void the conviction, arguing her client was overcharged. To prove aggravated animal cruelty, she said in court papers, prosecutors must prove repeated acts or sustained torture of an animal.
“The decision to dismiss the felony count was based on the controlling case law and the District Attorney’s office has not provided anything to contradict the rationale underlining the dismissal,” Carman said.
Sturim, who keeps a service dog, Barney, an Irish doodle, at the bench, agreed with the defense lawyer and set aside the verdict in May. Misdemeanor animal cruelty and disorderly conduct convictions remain.
John Di Leonardo,, the head of Humane Long Island, an animal welfare group, said the judge’s decision jeopardizes the safety of all animals.
“Laws protecting animals exist for their protection and to punish those who harm them,” he said. “Judge Sturim’s dismissal of the jury’s finding that Peter Galantino committed felony cruelty to animals, renders the law meaningless and leaves the animals of Nassau County vulnerable to violence. He must reconsider that decision and reinstate Galantino’s conviction.”
The Nassau District Attorney’s Office has filed a motion with the judge requesting him to reconsider his decision.
If he does not, spokeswoman Nicole Turso said the office would appeal the ruling to a higher court.
Galantino is due back in court on Aug. 15 for sentencing.