Peter Galantino, of Rockville Centre, sentenced to 1 more year of probation for fatally kicking 4-pound dog

The Rockville Centre man whose felony conviction for fatally kicking Mocha, a 4-pound Yorkie, in 2020 was reinstated earlier this year will serve one additional year of probation for his crime, a Nassau County judge ruled on Thursday.

The sentencing brings to an end a six-year case that began in the early days of the pandemic, passing between four different judges and prompting public rallies calling for "Justice for Mocha."

A Nassau County jury convicted Peter Galantino, 64, in January 2024 on two counts — misdemeanor animal cruelty and felony aggravated cruelty to animals — for punting the miniature dog during an argument with the dog's owners after he had failed to curb his own dog.

The Yorkie's owners, James and Elizabeth Joyce, testified at trial that they saw Galantino's goldendoodle, Louie, relieve itself on a neighbor's lawn and that he failed to clean up after the dog.

The couple said that they confronted Galantino, a businessperson and co-owner of a youth soccer league, over the breach in pet etiquette and ordered him to pick up what his dog had left behind.

This led to a heated disagreement between the pet owners, and in the commotion, Louie jumped onto Elizabeth Joyce's leg, according to testimony. After she shook the dog off her leg, the couple said Galantino told them: "You kicked my dog, now I'm going to kick your dog."

They said that the force of the kick launched the tiny dog 20 feet in the air, its body clearing the overhead utility wire.

The force of the kick and the impact of the landing severely injured Mocha, prosecutors charged, severing its liver, cracking its ribs and fracturing its skull.

Defense attorney Susan Carman maintains that a veterinarian injured Mocha during CPR.

After Galantino's conviction, acting state Supreme Court Justice Howard Sturim set aside the felony conviction after Carman argued that the more severe charge had not been supported by the evidence.

The lawyer cited case law that defined aggravated animal cruelty as multiple or sustained acts, not a single kick as in this case.

The Nassau County District Attorney's Office appealed, and in July a state appellate court reversed Sturim's ruling and reinstated the felony conviction.

The district attorney's office refused to drop the felony charge and sought a maximum 2-year prison sentence.

At the sentencing on Thursday, prosecutor Heather Kalachman again asked for the maximum punishment, including a 20-year ban on Galantino owning pets, with spot checks to ensure compliance; an order to stay away from the Joyces; and restitution for the $1,400 purchase cost of Mocha, the veterinarian bills regarding the pet's injuries, the cost of the necropsy and the dog's cremation.

"This has never been about just one kick," Kalachman said. "This is about the anger and forceful intent of that kick and its consequences. ... The defendant's kick was more forceful than a hammer."

Kalachman also said Galantino's behavior breached civil decorum.

Carman took issue with the prosecutor's characterization of the interaction, describing the Joyces and their German shepherd, which accompanied them, as the aggressors.

"They started the incident," she said. "He walked away from them, and they followed him. The Joyces have taken no responsibility for their actions. That man was accosted on the street, and no one talks about that."

In 2024, Galantino was sentenced to 14 days in Nassau County jail and two years' probation and was ordered to pay more than $500 in restitution.

Galantino also spoke at the Thursday sentencing, expressing his deep regret and weeping at the defendant's table as he pleaded for the court's mercy.

"I never intended to kill their dog," he said. "I take responsibility for what I did."

The judge repeated on Thursday morning what he said at the first sentencing.

"My decision will make no one happy," Sturim said. "I can't bring Mocha back; nobody can."

He added an additional year of probation for the felony conviction. 

Nassau County District Attorney Anne Donnelly said she was disappointed by the punishment but hoped it would send a message of deterrence to people who harm animals.

"Mocha’s life mattered," she said in a statement. "I hope that our determined pursuit of justice in this case provides some comfort to her family and sends the message that crimes against companion animals will never be taken lightly by this office."