Claims humane act
Brannigan pleads guilty to cruelty



GUILDERLAND — After serving 60 days in jail, William Brannigan accepted a plea bargin Friday in town court.

Brannigan, 61, was arrested in late March on a felony charge for stabbing his 18-year-old pet cat with a pocket knife.

But Brannigan told The Enterprise that he only wanted to prevent the cat’s suffering after it collapsed and he did not want to bury it alive.

He pleaded guilty to one count of attempted aggravated cruelty to animals, a misdemeanor, and will serve three years of probation. He must forfeit all pets in his household and is not allowed to own any animals while on probation.
His cat, named Elvis, was stabbed four times with a knife because "he believed the animal was dead," said Heather Orth, spokeswoman for the Albany County District Attorney’s Office.

Brannigan recalled, with a hoarse and tired voice, the events of last March.
"The cat collapsed and I picked her up," he said. "I waited more than 20 minutes before I did it," he said of the stabbed cat, "because I didn’t want to put it outside in the cold while it was still alive"And now, I’m suffering for it."
Brannigan is now subject to animal control "spot checks" at his home to ensure he is abiding by the agreement.

Brannigan was also sentenced to pay restitution of $131.52 to the veterinarian who performed the cat’s autopsy. The 60 days he spent in Albany County’s jail following the arrest will be used as time-served, said Orth.
Guilderland Police arrested Brannigan on March 25 at his 6116 Johnston Rd. home after they received a complaint, according to his arrest report. Police say he was arrested two days after "the incident" occurred.

Orth told The Enterprise this week that Brannigan placed the cat inside of a bag and buried it in the snow behind his house. The cat was later found, she continued, and taken in for an autopsy, which revealed that the cat was still alive when it was stabbed.
"I haven’t felt good about it since it happened. Me and my mother were going to have it put to sleep, but she had heart trouble and had to go to the hospital," Brannigan said. A few days later, the cat collapsed, he said.
"I did it as humane as possible and I stabbed it so it wouldn’t suffer," Brannigan told The Enterprise yesterday. "My niece turned me in"She was angry with me, she didn’t understand."

This particular case did not fall under Buster’s Law, Orth said.
Buster’s Law was named after an 18-month-old tabby cat named Buster that was doused with kerosene and burned to death by Schenectady teenagers in 1997. The bill was signed by Governor George Pataki and after being passed by the majority of the state’s legislature in order to "further prevent egregious animal abuse against defenseless animals," according to the legislation.
"This is what the local judge saw fit for the crime," Orth said of Brannigan’s sentence.

Brannigan pleaded guilty in front of Guilderland Judge John W. Bailey. Molly Magguilli prosecuted the case. Brannigan is scheduled for sentencing on July 19.

Orth said that the veterinarian determined through the autopsy that Brannigan’s cat was stabbed prior to its death.
"The veterinarian said that it drowned in its own blood," Brannigan said. "I wasn’t going to go against the vet and face three years in jail"I’m almost 62 years old."
Brannigan is described in the arrest report as a white, 5 foot, 7 inch man, who is divorced and weighs 190 pounds and his occupation is listed as "disabled." The arresting officer, Thomas Funk, is on vacation this week and could not be reached for comment.

Euthanasia

One local Guilderland veterinarian, Dr. Edward Becker, said that he charges $37 for feline euthanasia.
"We always put an IV catheter in the animal"so they don’t even feel a needle prick," Becker told The Enterprise. "The animal does not feel anything."
Becker explained euthanasia is "basically an overdose of anesthetic," and that it is a "peaceful and humane procedure."
"It’s common to use the example of when people are put under anesthesia and you quickly drift off to sleep by the count of four"but this is really concentrated," said Becker. "While they are under anesthesia, they fall asleep and then their hearts stop," he said of the cats.
But, Becker added, "What I just described can only be provided by a veterinarian."

Becker said he was unsure of the legalities surrounding farmers or pet owners who decide to destroy their animals without the aid of veterinarian.
"I’d like to believe the days of bringing a dog behind the shed and using a rifle are over," Becker said. "But I don’t know if there is a law that would prevent that"It certainly wouldn’t be ethical."

Enforcement

Guilderland’s local animal control officers are responsible for enforcing Brannigan’s ban against having pets.
"Animal control would have the ability to do spot checks whenever they deem necessary," Orth told The Enterprise. "Brannigan has already served a significant amount of jail time for his crime and the DA’s office is pleased with the outcome of this case," she said of Albany County District Attorney David Soares’s office.
Soares’s office issued a press release on the case in which Soares is quoted as saying, "It is an outrage that an innocent animal was forced to endure a terrible attack with no ability to defend itself against an adult man who should have known better"I am very pleased that this man served significant time in jail for his crime and more importantly, his sentence ensures he will be closely monitored and will no longer have the ability to victimize another animal."

Richard Savage, the director of animal services for the town of Guilderland, told The Enterprise that he has not yet been notified by the courts, but that he will comply with any requests to enforce Brannigan’s sentence.
"Sometimes it takes a little while for the court papers to go through with everything," Savage said. "We’ll do spot checks if the courts request it."

Savage said he didn’t remember a particular situation like this before, but that, in the past, people were not allowed to have dogs at their homes and animal control officers would check up on them. Most of those people have since moved out of the area, Savage added.

Zoning requirements in Guilderland allow only three dogs per household unless the owner obtains a kennel permit.