Agreeing with the prosecution that Shawn M. Twardowski, 35, formerly of Bank Street, Batavia, is a threat to society, Judge Charles Zambito sentenced him to two-and-a-half to five years in prison.
Zambito expressed the hope that while in prison, Twardowski will take advantage of programs available to him to help him with his mental health issues and substance abuse problems.
"Until you address those issues, you need to be removed from society," Zambito said.
A year ago, Twardowski was arrested for strangling and punching a beagle, attacking a woman at that location, stealing and attempting to disable her mobile phone and then, upon police arrival, barricading himself in a bedroom.
He previously pled guilty to a burglary charge after first undergoing a psychiatric evaluation.
Zambito expressed dismay that Twardowski thought it appropriate to attack the beagle and the woman merely because the woman allowed the dog to lick a bowl.
The judge said Twardowski's record goes back to 2005 and is filled with charges related to violence, resisting arrest and violating court orders.
His attorney, Michael Locicero, said he wasn't not making excuses for his client's behavior but offered up as mitigating circumstances for his behavior, years of untreated mental health issues, his substance abuse, and a recent diagnosis of Huntington's Disease.
Twardowski told Zambito he didn't wish to make a statement in court.
The sentence was the middle range between the minimum available to Zambito and the maximum possible sentence in the case.
