Gary Benicewicz, 67, turned himself in to authorities recently on a warrant coming from a May 2 occurrence on Diana Drive, where authorities state he fatally shot the dog in the head while walking on the property street. He pleaded innocent to animal cruelty, unlawful discharge of a gun and second-degree careless endangerment throughout his arraignment.
“The realities of this case will come out as it moves on,” his lawyer, Gregory Miller, said Thursday afternoon. “We ask everybody to give it a little bit of time (and) let the system move forward.”
Miller said Monday that his customer will be “raising the defense of self-defense.”
“It’s sad when an animal passes away however as the realities of the case come out, we’ll comprehend what took place here,” Miller said.
Police said Jojo appeared to have actually been shot “directly across the street” from the Diana Drive residence the dog had actually called home for almost 4 years.
Pierce-Wirth said unbeknownst to her or her other half, Jojo had actually gone off the property that day.
“We didn’t know she was out … but she did have on her electric collar,” she said, keeping in mind that Jojo had actually broken through the electrical fence on “a couple other occasions” however constantly returned, and never ever bit or scratched anybody.
Animal Control Officer Kim Kraska said outside the court house on Thursday that no problems were ever made about the dog.
Pierce-Wirth said she discovered what took place to Jojo after her next-door neighbor called and informed her to go outside.
“I ran up to the top of the street and there was a person there, and she (Jojo) was bleeding out on the street,” she said. “She had been shot in the head and the person said, ‘It couldn’t be helped.’”
Police later on determined that individual as Benicewicz, who Pierce-Wirth said confessed to shooting Jojo at the scene. Pierce-Wirth’s words outside the court house matched what she informed authorities in a composed declaration consisted of in the warrant for Benicewicz’s arrest.
“He was saying he was the shooter but I didn’t understand … I was in shock at the time,” she said Thursday. “I couldn’t understand a person shooting a dog and then standing there and watching her die. I thought he was saying there was some other elderly gentleman who was away from the scene.”
As she family pet Jojo and texted her other half, Pierce-Wirth said Benicewicz made a call however not to get help for the dog.
“He picked up his phone and called to say he had discharged his weapon. He didn’t make any effort to get someone to help her or do anything,” Pierce-Wirth said, keeping in mind that Benicewicz appeared “completely calm and uninjured” at the scene.
According to the warrant for Benicewicz’s arrest, New Fairfield authorities received a call around 5:15 p.m. from Benicewicz’s lawyer, Gregory Miller, stating his customer “had just shot a dog on Diana Drive.”
Pierce-Wirth said her other half, Nick Wirth, brought up with his truck and hurried Jojo to New Fairfield Animal Hospital, where a bullet was gotten rid of from her head.
It was an invested .9mm bullet, according to authorities, who said the Smith & Wesson 2.0 pistol cannon fodders took from Benicewicz after the shooting had one Lugar .9mm bullet in the chamber and 8 more in a repaired 10-bullet optimum capability publication.
‘Very, really clever and amusing’ dog
Pierce-Wirth said Jojo wasn’t simply a dog, however a family member.
“She had been homeless down in Louisiana and came up as a rescue,” said Pierce-Wirth, whose family embraced Jojo in the summer season of 2019. “We believe at the time of her death, she was 6 years old.”
Pierce-Wirth said she, her other half and their 2 boys are grieving Jojo’s death and though it was interrupted, they are “very thankful for the time (they) had with her.”
“She helped us get through the pandemic and … traveled everywhere with us,” she said, explaining Jojo as a smart, amusing and spirited dog.
“One of the things she used to do to get our attention is take an important piece of paper and hold it very carefully in her mouth … She knew we would have to run after her to get it, so that was one of her games,” Pierce-Wirth said. “She was very, very smart and funny.”
Pierce-Wirth said Jojo was “a barker,” however never ever bit anybody. Wirth said he’s hearing impaired and Jojo’s vocalness was useful in signaling him to things like somebody calling the doorbell.
After what took place to Jojo, Pierce-Wirth said she and her family have issues about Benicewicz’s access to weapons.
According to the warrant for his arrest, Benicewicz was discovered to have actually 8 signed up weapons and a state authorization to bring handguns and revolvers given that July 2017.
“This person has eight guns, and I personally don’t understand why you’d walk around a suburban residential area with a loaded gun,” Pierce-Wirth said.
Pierce-Wirth said she likewise doesn’t comprehend why Benicewicz — who she said had actually seen her family walking Jojo in the past — didn’t bring pepper spray or call for help if he was terrified.
“My neighbors were home. He could have said, ‘I need to come inside. I feel unsafe,” she said.
Pierce-Wirth said she wants to see Benicewicz’s weapon license eliminated.
“I’d like to feel safe in my own neighborhood. Since this has happened, we’ve actually been driving out of town to go for a walk now,” she said.
Benicewicz is next scheduled to appear in court Sept. 14.
