BUFFALO, N.Y. (WIVB) - Daniel Delaney claims he forgot his dog was attached to his car when he drove off, dragging the pit bull through the streets of Buffalo.
On Thursday, Delaney's case returned to city court. The 36-year-old appeared handcuffed and quiet, telling Judge Craig Hannah an Erie County grand jury should review the animal cruelty case against him.
Assistant DA Matt Albert said, "Our office takes these allegations very seriously. That's why this case is being pursued as a felony at this time."
Delaney is being held in jail on $25,000 bail.
"If somebody's in custody on a felony charge, then within five days we're required to have a hearing or else they get released," Albert explained.
Delaney was arrested Sunday, accused of dragging his pit bull through the streets of Buffalo's west side. According to a witness statement obtained by News 4, the dog was attached to the back of Delaney's SUV by a "tow chain" while Delaney was driving faster than the posted 30 mile an hour speed limit.
The dog, the witness writes, was being dragged on its side, bleeding from all four paws, legs and body. Had Delaney decided to go forward with the felony hearing rather than proceed to a grand jury, the prosecution would have submitted some pretty graphic pictures as evidence, but that never happened.
The pit bull, named Gotti, has been confined to its cage since Sunday.
Erie County SPCA Executive Director Barbara Carr said, "His pads are ripped off his feet, it's going to take a long time for that to grow back or even heal."
While he's recovering, the dog has since become depressed, according to the SPCA.
"Thank goodness we hardly ever see anything like this," Carr said.
But Delaney maintains the dragging was an accident.
Albert said, "I'm not going to comment on the merits of a pending case, but obviously that's all evidence that will be hashed out later down the line."
Police believe Delaney intended to commit this crime. It could be some time before a grand jury decides whether or not to indict Delaney.
DEVELOPING NEWS // An eight-year-old boy was shot Thursday morning in Cattaraugus County. Officials are at the scene on West Road, in Leon.
There is another Lake Effect Snow Warning in effect for Erie, Wyoming, Chautauqua and Cattaraugus Counties from Thursday through early Friday.
Lake Effect Snow Warnings return today with the chance for an additional foot for some areas.
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A Good Samaritan died Wednesday while trying to assist the driver of a tractor trailer who got stuck in the snow.
Viewers sent in photos from the snowfall around Western New York.