Paragallo receives two-year sentence

[Kasept]

Paragallo receives two-year sentence
By Matt Hegarty

Ernie Paragallo, once one of the leading owners of Thoroughbred racehorses in New York, was sentenced to two years in Greene County jail and assessed a $33,000 fine on Tuesday in connection with his conviction earlier this year on 33 misdemeanor counts of animal cruelty, according to a witness at the sentencing hearing. The two-year jail sentence was the maximum allowed under New York law on the cruelty counts. The law also allows a $1,000 maximum fine for each animal-cruelty charge.

Joe Mahoney, a spokesman for the New York Racing and Wagering Board - which revoked Paragallo's license in 2009 after a raid on his Center Brook Farm in Climax - said the judge rejected an appeal by Paragallo's attorney, Michael Howard, to limit the sentence to fines. Mahoney, who attended the hearing, also said that the judge would later rule on the amount of restitution that Paragallo will have to pay to animal-control officials in Greene County who supervised efforts to care for the horses following the May 2009 raid.

Howard did not immediately return phone calls. Mahoney said that Howard did not indicate during the hearing whether Paragallo would appeal.

[randallscott35]

No death penalty?

They'll put nickle and dime drug offenders in for 5 years first offense. This guy murders animals and gets 2?

Yay America. Be proud.

[pointman]

While I in no way condone what Paragallo did to defenseless animals, and I bellieve the crimes he was charged with should be felonies, I have a hard time believing that a consecutive maximum sentence on a first time offender (which I believe he is) for misdemeanor convictions will be upheld on appeal.

Paragallo stands a very good chance IMO to have his prison term stayed pending appeal and having the jail time reduced, if not substantially, on appeal.

Personally, I think he can go rot in hell.

[hoovesupsideyourhead]

lets contract his in jail beat down to the m-13..

[Danzig]

Originally Posted by pointman

While I in no way condone what Paragallo did to defenseless animals, and I bellieve the crimes he was charged with should be felonies, I have a hard time believing that a consecutive maximum sentence on a first time offender (which I believe he is) for misdemeanor convictions will be upheld on appeal.

Paragallo stands a very good chance IMO to have his prison term stayed pending appeal and having the jail time reduced, if not substantially, on appeal.

Personally, I think he can go rot in hell.

maybe if it were only a couple counts, but he's got quite a few on him in this case.

i think he should have gotten a longer sentence.

[pointman]

Originally Posted by Danzig

maybe if it were only a couple counts, but he's got quite a few on him in this case.

i think he should have gotten a longer sentence.

I don't disagree with you that he should have gotten more. However, looking at it from strictly a legal perspective, as an attorney who practices in New York, this sentence is very vulnerable to being reduced on appeal. It is extremely rare (actually I have never seen) anyone with even a few prior criminal convictions get consecutive one year sentences on misdemeanors in New York, regardless of the number of counts they are convicted of. Such sentences are reserved for those with lengthy criminal histories, and even then it is rare.

The Judge in this case obviously had a very strong opinion, moral or political, of Paragallo's actions, or lack thereof, as a plea bargain could not be worked out and the judge hit him with the maximum of what he could do after trial. That being said, though it is rare for appellate courts to reduce sentences, this is just the type of sentence that an appellate court is likely to take action on as it may very well be considered vindictive.

While the number of counts will be taken into consideration, the problem is with the level of the crime of the animal creulty statute itself which limits the judge's discretion. Hopefully, this will lead the New York Legislature to upgrade these types of crimes to serious felonies where judges could hand out appropriate sentences. However, as we all know how incompetent the NY Legislature is, there is little hope for that any time soon.

All I am saying is that, and I could be wrong, I have a feeling we have not heard the end of this.

[Left Bank]

Where did he get his money from?What business,besides breeding,was he in?

[philcski]

Old Friends proprietor on local radio this morning, said he sent a postcard to Paragallo with a pic of one of the horses they rescued and an invitation to come see him healthy when he gets out of the slammer... That is an awesome f*ck you!

Originally Posted by philcski

Old Friends proprietor on local radio this morning, said he sent a postcard to Paragallo with a pic of one of the horses they rescued and an invitation to come see him healthy when he gets out of the slammer... That is an awesome f*ck you!

Not really. Paragallo doesn't have empathy.

[trackrat59]

Originally Posted by Coach Pants

They'll put nickle and dime drug offenders in for 5 years first offense. This guy murders animals and gets 2?

Yay America. Be proud.

I agree with the Coach 100%. I'm involved in animal rescue so this is near and dear to my heart. I think the jerk should get 1 year for each abused animal. Really when you think about it, what kind of human being are we talking about that goes around abusing animals? Frightening when you stop and think about it.

I shake my head that now it's trendy to go green. This is great that folks all of a sudden get the green thing. I just wish everyone got that the animals on this earth are a precious gift too. Not just the air, water, plants and so on.

Spay and neuter your pets. Hug a cat or dog today. If you win a few bucks at the track send some to a horse rescue. Adopt a pet from a shelter. Take a bag of dog or cat food to your local animal shelter. If you can't have a pet volunteer with a local dog or cat rescue.

Ok thanks, I feel better.