The shooting occurred after midnight on Easter when Richard Rotkiewicz went into his yard to reset his flood lights, with his Boston Terrier, Bruno.
Suddenly, two pit bulls charged out of the night, Rotkiewicz said, and he put Bruno on his shoulder. But one of the pitbulls jumped up, grabbed Bruno and dragged the small dog towards the street.
With only a minute to think, Rotkiewicz said he dashed into his garage, grabbed his legally registered .357 Magnum and shot the attacking dog.
“A large pit bull, unleashed, attacks his dog,” said Linden Prosecutor Nicholas Scutari. “I believe there was some justification to it, and that’s why he didn’t go to jail.”
But the prosecutor said it was a “borderline” case, and Rotkiewicz, 62, deserved the fines and 30-day suspended jail time he got from Municipal Court Judge Louis DiLeo.
City officials declined to identify the pit bulls’ owner.
Rotkiewicz said he just wanted to save his dog, whom he feels especially close to because both have been treated for cancer in the last three years.
Rotkiewicz’s cancer, multiple myeloma, means his blood doesn’t clot very easily and Rotkiewic said he feared being bitten. So when the pitbull didn’t release his dog right away, he said he used the gun.
Rotkiewicz was charged with weapons possession and faced 20 years in jail if convicted, Rotkiewicz’s attorney, Joseph Spagnoli of Cranford, said.
Some of the charges stemmed from Rotkiewicz shooting the gun on the edge of the street, which is public property, and he didn’t have a permit to carry the gun in public, Spagnoli said.
Linden police examined Bruno, and, according to a report, found the terrier appeared uninjured.
Rotkiewicz was held in the county jail on $22,500 bail for nearly a day.
But Bruno’s vet at Westfield Veterinary Clinic found punctures and wounds consistent with a dog attack, according to a report.
[Police officers are NOT vets. Just because an animal doesn't have its throat ripped out does not mean it isn't injured.]
Eventually, the second-degree charges against Rotkiewicz were dropped.
“The county prosecutor had no interest in prosecuting,” Scutari said. “It was a borderline case, and that’s why it ended up here.”
In Linden court, Rotkiewicz pleaded guilty to disorderly persons charges and a city ordinance against firing weapons.
[He shouldn't have been charged in the first place.]
Rotkiewicz said he paid a $678 fine, plus $2,500 to the bail bondsman.
His lawyer believes he deserved the sentence: punishment, but not a criminal conviction.
“He had cancer, which was in remission. This was not some crazy juvenile doing this,” Spagnoli said.
Scutari agreed the punishment was appropriate.
“The guy was in public,” Scutari said. “You’ve got to safeguard the public from people being overly zealous.”
In June, Rotkiewicz got his gun back from Linden police.
And he has no regrets.
“I’m sorry, if I had to do it again, I would do it again, and go to jail again,” Rotkiewicz said last week.
(The Star-Ledger - July 4, 2010)
Earlier:
No comments:
Post a Comment