According to testimony, the apartment manager saw the mother cat hissing and spitting in the basement of the complex and sought help from the SPCA but was turned down. Animal control was called, and Grasso responded. Grasso testified that the three cats came at him, hissing and spitting. He went back to his vehicle, grabbed his rifle and shot the cats.
According to Judge Scott, Grasso took action he deemed necessary and shot three cats. At that time and place, the animal control officer had to make a decision. The court feels no crime was committed. The community might think shooting three cats sounds terrible in and of itself. . . . but shooting the cats violated nothing.
Grasso faced two unclassified misdemeanor charges for allegedly violating the states Agriculture and Markets Law. The first count charged him with cruelty to animals and the other alleged he euthanized a dog or cat by gunshot. Scott quickly dismissed the euthanasia charge, saying, No place in the testimony here has anyone alleged or argued that the killing of these cats was a mercy killing. In fact [it is] quite to the contrary.
According to Scott, for Grasso to be convicted of the cruelty charge, he would have to have acted unjustifiably in the shooting of the cats.
(Excuse me, judge, but how can you justify gunning down kittens? What threat could they possibly have posed?)
Conflicting testimony in the nonjury trial held earlier this month presented widely varying accounts of the incident. Scott said while testimony from the six prosecution witnesses and three defense witnesses may have been truthful, there was no evidence that Grasso broke the law. As happens in all cases, people see things differently, said Scott.
Barbara S. Carr, executive director of the Erie County Society for the Prevention of Cruelty to Animals, said she was extremely disappointed by Scott decision. This mother cat and kittens were domestic cats that were just shot by Officer Grasso, Carr said. It appears as if you are a government official, you can do things that other people cant do.
Grassos attorney, Arcangelo J. Petricca, called Scotts ruling the only fair verdict based on the facts of the case. Petricca called his client, an animal lover himself who is also a cat owner and who doesnt destroy animals unfairly or unjustly.
Should this animal control officer be allowed to carry firearms? Isnt it a general rule of thumb for law enforcement NOT to discharge their weapons unless absolutely necessary?
PLEASE MAKE NOTE that this was a NON-JURY bench trial adjudicated at the sole discretion of the judge! Contact Judge Scott at (716) 674-5600 ex. 246 and let him know what you think of his ruling.
You may also want to contact the county animal control division and tell them to FIRE this guy! You will probably get a recoding but you can still leave a nice message directed to FREDRICK S. GRASSO at (716) 823-2988
Tell them you are a "Friend of Animals" and are speaking out for the voiceless ones.
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