Man convicted of tossing dog into traffic

Associated Press

SAN JOSE, Calif. – A man was convicted Tuesday of tossing a little dog to its death on a busy highway in a bout of road rage, and could get up to three years in prison.

A jury took less than an hour to convict Andrew Burnett, 27, of San Jose of animal cruelty for killing Leo, a fluffy white bichon frise, in an episode that outraged dog lovers. They and others had donated $120,000 to find Leo’s killer, more than the reward in many local missing-child cases.

“It doesn’t bring Leo back, of course, but at least Leo had his day,” Leo’s owner, Sara McBurnett, of Incline Village, Nev., said after the verdict. “One cruel person has been held accountable for their cruelty.”

Burnett, a former telephone repairman, sat motionless as the verdict was read.

His attorney, Marc Garcia, said the furor surrounding the case made it difficult for his client. “The deck was so stacked against him in this case from day one,” Garcia said.

Sentencing is set July 13.

McBurnett and other witnesses testified that after a minor traffic accident in February 2000, Burnett yelled at her, reached through her open car window, grabbed the dog and hurled it into oncoming traffic. The 10-year-old pet was struck seconds later.

“It wasn’t just a dog to me,” McBurnett said. “For me it was my child. He killed my baby right in front of me.”

Police said an anonymous e-mail tipped them to Burnett. He had been jailed in December on unrelated charges of stealing thousands of dollars worth of tools from his employer, Pacific Bell, and of lying to get out of a speeding ticket. Police matched Burnett to a sketch of the road rage suspect.

Burnett never took the stand. But his lawyer said he instinctively grabbed the dog because it bit him on the hand.

“Andrew Burnett is the only person in the whole world who would think this was reasonable,” prosecutor Troy Benson said.

Last week, the jury also heard taped telephone conversations that Burnett had from jail with his mother and fiance. In one tape, Burnett and his fiance discussed selling their story to the media for $250,000 and going on a talk show to have a “dog-kicking contest.”