Prosecutors are recommending that a Butte man who pleaded guilty in District Judge Kurt Krueger’s court Thursday to allegations that he starved two dogs to death receive a two-year deferred sentence.
If Krueger follows the plea deal recommendation, 31-year-old Kurtis Frank Podgorski could have the two felony convictions for aggravated animal cruelty expunged if he abides by probation conditions for two years.
Krueger has not yet set sentencing in the case, and although judges typically go along with plea deals, they don’t have to and sometimes do not.
The convictions each carry a maximum two-year prison term and a fine up to $2,500.
The sentence recommendation, drafted by Deputy County Attorney Mike Clague, said that “given the nature of the offense and the Defendant’s lack of prior record, the Defendant would be a fit and proper candidate for a deferred imposition of sentence.”
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On March 29 of this year, police and animal control were dispatched to the Podgorski residence on the 300 block of Granite Mountain Road.
Authorities were called after a family member reportedly opened a back bedroom door and found two dead adult dogs, one brown and the other black-and-white, and a young German Shepherd near death, lying atop one of the dead canines.
The male relative quickly left the home to seek help from a neighbor, who, after seeing the dogs, called animal control.
The man told police he had been staying with Podgorksi for about 10 days and was told not to enter the back bedroom because it was messy and Podgorski “didn’t want anyone in there.”
He only opened the door March 29 because he heard a sound coming from the room.
In an initial interview, Podgorski told a police officer he had locked the dogs in the back bedroom three weeks before because he was “having a hard time with life lately and just couldn’t handle the dogs anymore.”
He also told the officer that he bought dog food every couple of weeks, but admitted that it had been over a month since he had had any interaction with the animals. During that time period, he thought other people were feeding the trio and providing water.
On June 15, prosecutors alleged that Podgorski had “purposefully or knowingly killed or inflicted injury” on the dogs “with the purpose to torture or mutilate” them. At that time, the dog owner pled not guilty to the charges and was released on his own recognizance with conditions attached.
The surviving dog, Noggin, was severely emaciated when brought to a local veterinarian. At the time, the veterinarian stated that “Noggin would have passed away within two days to a week if he had not received medical intervention.”
If Judge Krueger accepts the pretrial agreement, there will be several guidelines Podgorski must follow, including paying $1,754 in restitution for veterinary services for Noggin.