DISTRICT ATTORNEY

WILLIAM J. FITZPATRICK
County of Onondaga County Criminal Courthouse, 4
th
Floor
505 South State Street
Syracuse, New York 13202
315-435-2470
Fax: 315-435-3969


For Release: August 18, 2014

On May 31, 2014, defendant Susan Leach, a 70 year old mother and grandmother who has never
been arrested, fired a single shot from her lawfully possessed .22 caliber rifle and struck and
killed her neighbors mixed breed pit bull, Tucker. The weapon was discharged by Ms. Leach as
she was standing on her back deck and the shooting was witnessed by her 20 year old
granddaughter and her 15 year old grandson. The physical evidence indicates the weapon was
fired in a downward angle such that if Ms. Leach had missed striking the dog, the projectile most
likely would have landed harmlessly in her backyard. By way of explanation to responding
members of the Onondaga County Sheriffs Office (OCSO), Ms. Leach indicated her reason for
shooting the dog was that it was chasing her cat in a highly aggressive manner and in her
judgment was about to cause an imminent threat to the life or safety of said cat. Susan Leach
was not charged by OCSO but was charged by an officer with the NYS DEC with Discharging a
Firearm within 500 feet of an Occupied Dwelling.

Since this charge was filed, The District Attorneys Office has received numerous e-mails
demanding that Ms. Leach be arrested for a more serious animal cruelty charge. This Office has
also received numerous letters in support of Ms. Leach. The District Attorneys Office
independent review of this matter reveals the following:

1) The dog in question, Tucker, has an unfortunate history of acting aggressively towards
numerous neighbors. These reports have been confirmed by a review of Elbridge Court
records as well as affidavits provided by said neighbors. Tucker has also been spotted on
numerous occasions running through the neighborhood unleashed.

2) The statute in question is designed to deter or punish offenders who foolishly endanger
public safety by discharging a firearm for recreational, hunting or target shooting
purposes in proximity to occupied dwellings. The statute does not apply to someone
acting with a reasonable belief that such discharge of a weapon is necessary to protect the
life of some person or some domesticated animal.


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For Release: August 18, 2014
Page 2

3) The only eye witnesses to the event, albeit interested family members, tell a coherent
story that is entirely consistent with Ms. Leachs version of events.

4) Exactly what Tucker the dog would have done had he caught up to the cat before being
shot is pure speculation. Arguments that Ms. Leach should have done this or could have
done that are pure conjecture and are of no assistance in deciding how to handle this case.
What is clear is that Ms. Leachs assertion that she feared imminent bodily injury or
death to her cat was an eminently reasonable conclusion based on all the evidence.

5) For the reasons stated above, the Onondaga County District Attorneys Office declines to
prosecute Ms. Leach and will move to dismiss this charge in the interest of justice.

One final note. This Office is acutely aware of the emotional response that animal cases
generate. This Office has a long and distinguished track record in aggressively pursuing
legitimate cases of animal cruelty. With that said, and having been made aware of a number of
threats directed at Susan Leach, please be advised that any effort to harass, intimidate or in any
way harm this woman or members of her family will be dealt with as harshly as the law permits.

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