Peter Galantino of Hempstead must go to prison for two weeks for fatally kicking Yorkie

A Hempstead man convicted of fatally kicking a 4-pound Yorkie during an argument with the dog's owners will spend two weeks behind bars but will be spared a felony conviction, a judge ordered in sentencing Thursday.

A Nassau County jury convicted Peter Galantino, 63, in January of aggravated animal cruelty, which carries a maximum sentence of two years, and of petty animal cruelty and disorderly conduct for kicking 9-year-old Yorkshire Terrier Mocha during an argument with Elizabeth Joyce and retired NYPD dog trainer James Joyce, formerly of Hempstead. State Supreme Court Judge Howard Sturim overturned the felony conviction in May.

The case stems from a confrontation between neighbors on March 14, 2020, in the early days of COVID-19 lockdowns and social distancing.

Galantino, a businessman who runs an indoor soccer league on Long Island, said he was out for a walk when his goldendoodle, Louie, relieved himself when the Joyces approached him and demanded that he pick him up.

When he refused, the argument escalated into a loud argument between the dog owners. Elizabeth Joyce, who had been walking Mocha, testified that Louie jumped on her leg during the argument and when she shook the dog off, Galantino became angry.

“You kicked my dog, now I’m going to kick your dog,” Elizabeth Joyce said, according to Galantino’s testimony.

The Joyces said the kick sent Mocha flying so high that the dog flew over the overhead power lines.

Galantino admitted to kicking the dog, but said it was only a few feet. He testified he was afraid of the couple and their second dog, a German shepherd named Aoife.

Mocha was taken to West Hempstead Animal Hospital, where the dog received CPR. An autopsy performed at Cornell University College of Veterinary Medicine revealed that Mocha suffered multiple broken ribs, a skull fracture, and a ruptured liver.

“The violent death of our dog Mocha due to the heinous, despicable and intentional actions of the defendant has left our family saddened, frightened and heartbroken,” the Joyces said in a statement read by the prosecutor in court.

They said they had moved away from the neighborhood and were still living with the grief of losing their pet.

The defense attorney said that the animal was injured by the resuscitation attempts and not by the kick.

Galantino apologized for his behavior, but also blamed the couple for some of the blame.

“I walked my dog, took care of my own business and the [Joyces] “They ran me over, chased me and attacked me,” he told the judge.

In addition to the two-week prison sentence, the judge sentenced Galantino to pay a fine of $519.75.

Prosecutors asked for a prison sentence of two years each for both offenses, to be served consecutively, and asked the judge to ban Galantino from owning dogs for the next twenty years.

Sturim rejected the request to ban Galantino from keeping animals.

“I do not believe that Mr. Galantino is an animal abuser, nor do I believe that he is a flight risk,” Sturim said.

In May, Sturim overturned the jury's verdict on aggravated animal cruelty, siding with defense attorneys Susan and John Carman, who argued in a post-conviction motion that a single kick did not rise to the severity to be a serious crime.

In addition, Nassau County prosecutors argued that the judge had misinterpreted case law and asked him to reconsider his decision. Last week, he denied their request. The district attorney has announced that he will appeal the ruling.

“This decision will not make anyone happy,” the judge said of the verdict. “I do not have the power to bring Mocha back. I do not have the power to undo the damage. The damage has already been done.”