Ap­peals court af­firms con­vic­tion in dog killing

Daily Freeman (Kingston, NY) - - FRONT PAGE - Free­man staff

A state ap­peals court on Thurs­day up­held a Pine Bush man’s con­vic­tion for fa­tally shoot­ing his room­mate’s dog in 2015.

The Ap­pel­late Divi­sion of state Supreme Court, Third Depart­ment, unan­i­mously af­firmed the April 2016 con­vic­tion of Eric Napoli, 47. He had been found guilty by an Ul­ster County Court jury of the felony of ag­gra­vated cru­elty to an­i­mals and sen­tenced by County Judge Don­ald A. Wil­liams to two years in the county jail, the max­i­mum al­lowed by law.

In his ap­peal, Napoli chal­lenged the le­gal suf­fi­ciency of the ev­i­dence sup­port­ing his con­vic­tion and ar­gued he was de­nied mean­ing­ful rep­re­sen­ta­tion, ac­cord­ing to the Ul­ster County District At­tor­ney’s Of­fice. Napoli also claimed the county court im­prop­erly re­sponded to a jury ques­tion dur­ing de­lib­er­a­tions.

The ap­peals court re­jected each of the claims and af­firmed the con­vic­tion.

Napoli was ar­rested by the Shawan­gunk Po­lice Depart­ment on April 19, 2015, in con­nec­tion with the fa­tal shoot­ing three days ear­lier of this room­mate’s 6-yearold Husky, Luna.

Ac­cord­ing to the ap­pel­late rul­ing, Napoli ac­knowl­edged he in­ten­tion­ally killed Luna by shoot­ing the healthy dog in the shoul­der and chest with a shot­gun. Ac­cord­ing to Napoli, the rul­ing said, he came home on April 16, 2015, to find Luna had killed his cat. Napoli be­came en­raged and took Luna out­side, then in­formed his room­mate, Carol Weller, that he would kill Luna un­less she re­trieved the dog and took it to a pound, the rul­ing stated.

After ar­riv­ing home and while pack­ing a bag to leave with Luna, Weller heard a gun­shot and a yelp, fol­lowed by a sec­ond shot a few sec­onds later, the rul­ing stated.


Eric Napoli

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