Sebastian Dicesare

Stole and killed cat

Utica, NY

April 12, 2005

The sentencing of a Utica man convicted of killing a cat he stole on April 12th from the Stevens-Swan Humane Society was adjourned again on Friday, August 5th, to allow him to continue treatment for mental illness and drug abuse.  More than five months have passed since Sebastian Dicesare, 24, of Watkins Avenue, admitted in Oneida County Court to fatally injuring the cat.  Dicesare stated he threw the cat after it bit him.

 (Photo courtesy of Marilu Lopez Fretts, The Observer Dispatch)  When Dicesare pleaded guilty on February 14th to felony aggravated cruelty to animals, Judge Michael L. Dwyer promised him five years’ probation, with no more than six months jail time in the Oneida County Jail.

Because Dicesare attempted suicide after his arrest, Dwyer has continuously postponed sentencing so Dicesar could be treated for mental illness and drug addition.  Judge Dwyer did state on Friday that Dicesare’s punishment would not be delayed indefinitely.  Dicesare is expected to return to court August 25th, when his attorney, Mark Wolber, will tell Judge Dwyer how much longer treatment is expected to last. Dicesare has already successfully completed one stage of his counseling.  A new sentencing date may be set at that time.

Kathy Contino-Turner, Executive Director of the Humane Society stated she was disappointed that Dicesare was not punished on Friday.  She also stated that though she wanted him to get any treatment that he needs, she did not want anyone to be using that to stall the sentencing that should occur.  Contino-Turner further stated that he needs to take responsibility and pay the price for what he did.

Update 8/26/06:

Dicesare will be sentenced on December 12th.  Oneida County Court Judge Michael L. Dwyer gave Dicesare 3 more months to continue treatment for mental illness and drug addiction.

Update 9/19/06:

Dicesare was returned to jail on 9/18/06 after the judge learned Dicesare had recently purchased another cat from a local pet store.  Dicesare claims he was given money to buy the cat for a friend.  Judge Dwyer revoked the $2,500 bail because he thought Dicesare had a more “deep-seated problem”.  “You obviously no longer can be trusted, you shouldn’t do anything involving animals” state Judge Dwyer.  Dicesare did not violate any conditions of his plea agreement but his recent actions (including denying the purchase of the cat) – were an error in judgment and that it would be in everyone’s best interest to incarcerate him.

Update 9/26/06:

Judge Dwyer will be sentencing Dicesare on 10/6/06 as he can no longer trust the man in regards to the purchase of another cat.  The cat has been given to someone else and is doing fine in its new home.

Update 10/7/06:

Dicesare was offered a plea agreement of up to 6 months in jail and probation for the killing of the cat in April 2005.  Dicesare will continue to receive treatment for mental illness and drug addiction while in jail and his rehabilitation will continue to be monitored once he is released.  Dicesare was also ordered to have no contact with any animals.

Update 10/21/06:

Dicesare turned down the plea agreement offer and will instead take his case to trial. Now if convicted Dicesare can face a maximum of 2 years in state prison.

Reference:

uticaOD

Utica Observer-Dispatch