New York: Dog killer Ian West, 25, withdraws his guilty plea, claiming the death of his dog wasn't all that bad

NEW YORK -- The new defense attorney for a man accused of starving a dog named Lainey to death in Camden last year has said the felony charge against him is too severe.

Ian West, 25, on Thursday in Oneida County Court withdrew his guilty plea to felony aggravated animal cruelty after Judge Barry M. Donalty said West would have to serve six months in jail.

Dog killer Ian West standing with his new attorney Frank Mellace
who is apparently going to "lead him, bleed him and then plead him"
Photo ROCCO LADUCA / Observer-Dispatch

West had previously accepted a plea offer that would have included only five years of probation. But when Donalty said he could no longer go along with a sentence that did not include jail time, West retained a new attorney and decided to take back his plea.

Now, West’s new attorney, Frank Mellace, is planning to take West’s case to trial based on his belief that the circumstances of Lainey’s May 20 death did not rise to the level of more serious aggravated animal cruelty.

The law of aggravated animal cruelty, Mellace explained after Thursday’s court proceeding, should be applied in cases where someone maliciously injures an animal – like setting it on fire or throwing it against the wall.

Simply failing to feed an animal, as alleged in this case, more appropriately fits a misdemeanor animal cruelty charge, Mellace said.

When West's dog, an Australian Shepherd named ‘Lainey’ was turned over to the care of the shelter she weighed just 15 pounds. Normally, officials estimate she should have weighed about 45 pounds.

 

“They want to convict him of the felony and send him to jail, and that’s not warranted here, in my opinion,” Mellace said. “People need to understand that there's an overreach here.”

Don't worry. Frank Mellace will one day stand before God and have to explain how he spent his life chasing after money and taking monsters like Ian West as clients. 

Don't worry. Frank Mellace will one day stand before God 
and have to justify his chosen path in life.

West is due back in court to argue legal motions on Wednesday, March 12.

Once West withdrew his guilty plea, about a dozen animal rights supporters on behalf of Lainey – a 4-year-old Australian Shepherd – left the courtroom believing this new development promises the possibility that West could face a more severe punishment, including up to two years in jail.

“We're going to trial,” said Kimberly Strong, founder of Lainey's Army, as she hugged another supporter. Then in a singsongy voice, Strong added: “He's going to lose.”

The prosecutor, Assistant District Attorney Stacey Paolozzi, declined to comment.

Mellace said he can appreciate the passionate public outcry that has stemmed from this case, as long as those people keep an open mind to what the case ultimately reveals.

“The truth needs to be known,” Mellace said. “We are a system of justice ... and all the facts need to come out.”

(Utica OD - Feb 20, 2014)

Earlier:

• New York: Camden man Ian West, 25, pleads guilty to starving his dog to death