Both dogs involved in deadly attack on smaller animal to be put - NEWS10 ABC: Albany, New York News, Weather, Sports

Both dogs involved in deadly attack on smaller animal to be put down

Posted: Updated: Aug 27, 2014 02:06 PM
SCHENECTADY, N.Y. -  A Schenectady man whose two dogs killed a small terrier in June has learned his fate and the fate of the animals on Wednesday.

Judge Steven Swinton ruled that both dogs involved in the attack will be put down. 

"We don't kill child molesters and murders in this state, but we kill dogs, it doesn't really make sense to me," said Lindsey McKearn.

While in court, owner Sean McKearn pleaded guilty to his misdemeanor charge for harboring a dangerous dog. McKearn must pay a $2,000 restitution and serve 75 hours of community service. The judge also ruled that the two dogs must be put down and McKearn is not allowed to own a dog for the next year. 

"Sick, I feel awful for both parties,” said McKearn.

Judge Swinton said that while McKearn was not the worst person that he has seen in his court room, he is was described to be the most childish.

McKearn and his family did not want to hear the verdict reached on Wednesday, after fighting for nearly two months.

"We're heartbroken as a family, we're heartbroken for the other family, and we're heartbroken for our dogs that we loved so much,” said Kevin McKearn, Sean McKearn's father.

On August 13, a Schenectady judge ruled that one of the dogs, named Victor, must be put down. The second dog, Tyson, had to remain in the city kennel pending further decision by the judge.

On June 30, McKearn's dogs jumped out of a window at their home and went after a smaller dog, which was being walked by its owner. The smaller dog died a few days later. Police have said that this wasn't the first time the dogs had been involved in attacks on other animals, but the owners said they got loose because of human error and not aggression.

While in court, the owners of Templeton, the small dog, stood up in court for the first time, calling the terrier a poster dog against animal attacks. 

"I hope that Mr. McKearn understands why he got the sentence, and I think that going forward, other dog owners will hopefully take this under advisement to handle their dogs better," said Rebecca Cigal, Templeton's owner.

The two parties seem to agree they are just happy to have the whole ordeal over with after arguments for two months.

"It's sad that three dogs have to be put down in this case,” said McKearn.

Victor and Tyson are currently being held at the city kennel, an exact time and date to put them down has not been set. The city attorney says it will likely happen this week, and the family says they wish they can be present when it does.  

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