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Warsaw. He ran over a dog in Ursynów. Judgment

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The Mokotów district court sentenced Sławomir O. for deliberately running over a dog. Witnesses agreed that the man did not stop the car, although he must have seen a cocker spaniel. He hit him and drove away. On Thursday, he was sentenced to one year in prison, suspended for three years. He must also pay PLN 10,000 to the victim and the foundation that saves animals.

The intersection of Zięby and Mewy Streets in Ursynów. On August 19, 2022, the weather was fine. The owner of an eight-year-old red English cocker spaniel met two neighbors with dogs on a walk. They were near a dirt road where dogs can run loose. There is also a lot of greenery around, there is a playground nearby. The four dogs began to sniff each other, they were gentle with each other. Animal owners heard that a Peugeot was driving on a gravel road. Two owners took three dogs off the road. Only an eight-year-old cocker spaniel remained on it.

According to eyewitness accountsdriver of the Peugeot saw the dog, but accelerated and deliberately hit it. After a short and nervous exchange with the dog’s owner, he left the place without waiting for the police to arrive. The dog was taken to a veterinary clinic, but his injuries were too extensive. His life could not be saved. The police soon reached the driver of the Peugeot – 62-year-old Sławomir O. The man was charged with committing a crime under the Animal Protection Act. The case was dealt with by the Warsaw-Ursynów District Prosecutor’s Office, which filed an indictment against the man with the court.

The prosecutor’s office requested that Sławomir O. be punished for “deliberately hitting an English Cocker Spaniel dog, resulting in the death of the animal.” This is an act under Article 35(1)(1) of the Animal Protection Act (“Whoever kills, kills or slaughters an animal (…) is subject to the penalty of imprisonment for up to 3 years”).

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Perpetrator: I didn’t want to pass by, but it happened. I passed

On Thursday, in the District Court for Warsaw-Mokotów in Warsaw, the accused appeared before the court. He pleaded guilty and declined to comment.

– The fact is that I ran over a dog, I didn’t want to run over, but it happened. I passed – said O. – I had three dogs there, on this Mewy Street, for many years. I did it unintentionally. If I had known that the victim’s dog was there, I certainly would not have passed (…) I am sorry, I felt bad about it myself for many days – he added.

The defendant applied for a penalty for himself: 100 daily rates of PLN 20 each and a payment of PLN 1,500 to the Shelter on Paluchu. The victim, asked if he agreed to such a punishment, replied: – I appreciate that you pleaded guilty, but I believe that the punishment is too low in relation to this act.

The court also did not accede to O’s request. – The proposed penalty is inadequate to the content of the charge – judge Agnieszka Jaźwińska judged.

Three witnesses testified before the court: the owner of the dog, who also acted as a victim, and two women who saw the incident.

Dog owner: I tried to find out why he did it

The dog’s owner struggled to describe what had happened. He couldn’t hide his tears. As he described, when he was cleaning up his dog’s excrement and walking towards the trash can, he turned around and saw that a car was turning from Mewy Street to Zięby Street. – This car was moving quite fast. He slowed down as the two ladies tried to catch their dogs. Then, as soon as my dog ​​was left in the middle of that road, he sped up and ran over my dog. First one, then the other wheel, which was undoubtedly felt – he assessed.

The owner of the dog claimed that the driver accelerated and ran over the dogKatarzyna Kędra, tvnwarszawa.pl

He added that he tried to stop the car, admitted that he kicked it. The driver got out, looked deep into my eyes, then started walking in my direction. I tried to find out why he did it, how he could run over my dog. He seemed aggressive (…) got into the car and drove away from the scene – he continued. “I think he was aware that he had run over that dog. However, he did not help and did not want to admit it, he pointed out.

– Why was the dog off the leash? the accused asked. – It is mandatory to leave the dog on a leash – he noted.

The court dismissed the defendant’s question as “irrelevant in the light of the allegations”.

Witness: I clearly heard the sound of adding gas

The court then questioned the two women as witnesses.

As the first one said, who was walking her dog on Zięby Street at that time. She argued that in this place “dogs are let loose and do not bother anyone”. According to her account, she took her four-legged friend when she heard a car coming. As she said, after hitting the cocker spaniel, “the perpetrator of the accident began to attack you.” – It seemed that there would be fisticuffs on the part of the perpetrator. The man was not interested in the dog. He didn’t ask if he needed help and left. She estimated that he must have seen the animal, because it wasn’t like “this dog jumped out on the road”.

From the description of the second woman testifying, it appeared that she managed to catch her two dogs in time when the Peugeot driver was approaching. But when she turned around, she saw “a car go over the front wheel and then the rear wheel” over the cocker spaniel. “I focused on the dog that was squealing,” she described.

She also noticed that when the driver got out, he began “pushing his chest against the owner of the dog.” Then he drove away.

The court inquired about the distance from the bend to where they were standing. – As a driver, I think (it was – ed.) enough to slow down and stop – replied the other woman. And she emphasized: – I clearly heard the sound of adding gas on a gravel road – she said.

Court: witnesses agree, the owner of this dog ran over deliberately

Then the accused spoke up again. He explained: – As for my behavior, I have mowed the grass in front of my plot. It is a favorite activity of people who go out with their dogs, who defecate there. Each point of attention makes these people aggressive.

He also stated that on a gravel road “it is impossible to drive fast because it is full of holes and bumps”. “Therefore, the speeds are minimal,” he said.

– It was my primary fault that I left, I should have stayed – admitted O. He also explained that he had to “go urgently”. When the court asked if he had a conflict with witnesses, he denied it. – Then why do three people say otherwise? the judge asked. “I don’t know,” replied the defendant, spreading his hands.

The court found Sławomir O. guilty. He was sentenced to one year in prison, suspended for three years. The convict will also have to pay PLN 10,000 to the victim and another PLN 10,000 to the Płońskie Homeless Association. In addition, he will also incur court costs – over PLN 3,000.

Judge Agnieszka Jaźwińska emphasized that the testimonies of the witnesses were consistent. – Everyone said practically the same thing and everyone was convinced that the owner of this dog had deliberately run over it. The court believed these witnesses, not the version presented by you – it justified the verdict.

“I think the verdict is fair,” the dog’s owner said after the trial.

The judgment is invalid.

Main photo source: Katarzyna Kędra, tvnwarszawa.pl

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