Peter Galantino of Hempstead found guilty of animal cruelty for fatally kicking Mocha, a 4-pound Yorkie

A Hempstead man was convicted Thursday of aggravated animal cruelty for killing a 4-pound Yorkshire terrier with a kick to the stomach during an argument he had with the dog’s owners after failing to curb his goldendoodle.

It took a jury two days of deliberation to find Peter Galantino, 62, guilty of causing the death of Mocha, a 9-year-old miniature dog, in March 2020.

“Although it took almost four years, we are glad justice has been served,” the dead dog’s owner, Elizabeth Joyce, said in an email. “RIP Mocha.”

Nassau County prosecutors charged that Galantino became enraged when Joyce and her husband, James, a Hempstead fire chief, confronted him for failing to pick up after his dog, Louie.

During a face-to-face screaming match over the errant dog poop, the goldendoodle jumped up on Joyce’s leg, prompting her to shake off the dog, according to court testimony.

“You kicked my dog, now I’m going to kick your dog,” the Joyces testified Galantino said to them before booting the dog.

The couple claimed he launched Mocha 25 feet in the air, clearing a telephone line, but Galantino said the dog only flew a few feet.

The pet suffered several fractured ribs, a broken skull and internal bleeding, according to a necropsy.

Galantino told the jury that he was minding his own business when the couple accosted him, yelling at him. He said he kicked the dog out of fear after it came toward him during the argument.

“Both sides had their issues,” juror Jacqueline De Assis, 35, said after the verdict. It took several recitations of the charges by the judge over two days before they voted to convict.

“Once we were clear on what the charges meant, that’s when we agreed,” she said.

Galantino was convicted of aggravated cruelty to animals, a felony, and two misdemeanors, overdriving, torturing and injuring animals, and fourth-degree criminal mischief.

“This defendant sadistically punted a 4-pound Yorkie named Mocha and cracked the animal’s skull in two places, while fracturing her liver and three of her ribs,” Nassau District Attorney Anne Donnelly said. “Mocha bravely fought for her life, but the blunt force trauma was too much for her little body and she was put to sleep after suffering five heart attacks."

Galantino’s lawyer, John Carman, maintained the jury didn’t fully understand the law and said he intends to appeal.

“Mr. Galantino is of course disappointed by the jury’s verdict, especially the animal cruelty charge,” Carman said in an email. “Unfortunately, the law upon which the instructions are based is very unclear in this area. It is evident that the jury misunderstood the level of sadistic and depraved conduct that is required for a conviction. We are optimistic that this can be corrected on appeal.”

Galantino is due back in court on March 19. He faces a maximum of 2 years in jail.