DA: Elmont man who let pit bulls fight admits to animal cruelty

An Elmont man who allowed his pit bulls to fight and attack each other in his yard and prohibited them from proper veterinary care has pleaded guilty to animal cruelty charges, Nassau prosecutors said Monday.

In announcing the plea, Nassau County District Attorney Kathleen Rice said that Marlon Bernier, 24, was sentenced to 90 days in the Nassau County jail and the dogs have been removed from his care.

Bernier pleaded guilty to two counts of animal cruelty "for failing to provide the necessary veterinary care" and second-degree menacing, according to a news release.

As part of the plea, prosecutors required that Bernier surrender his rights to the two pit bulls which were recovered. The court also issued an order prohibiting Bernier from having companion animals for five years.

According to the release, on May 29, 2009, Nassau County police responded to a dogfighting complaint at 1869 Virginia Ave., Elmont. Police found four pit bills chained to trees as a fifth pit bull was permitted to attack them.

"Fresh wounds, including facial injuries, were observed on some of the dogs and there was blood on the ground. The officers asked Town of Hempstead Animal Control Officers to respond to provide assistance to the animals, but Bernier prohibited the removal of the dogs and threatened to release the pit bulls to attack the officers if they did not leave the premises," the release said.

Bernier was arrested on June 3. At the time, two of the pit bulls found on the defendant's property were seized and kept in the Hempstead animal shelter. At the scene "police also found weights, tires, muzzles and other equipment commonly used in training pit bulls to fight," the release said.

Rice praised the work of her office's animal cruelty unit and said in the release her office would "continue to aggressively prosecute cases of animal cruelty and push for jail time for defendants who abuse animals."

Bernier's attorney, Marc B. Laykind of Franklin Square, said the settlement was "in the best interest for everybody, at this point."

Laykind said agreeing not to have companion animals would be tough for his client, an animal lover, to deal with, "but he'll make it work."