November 20, 2023

From the office of Erie County District Attorney John J. Flynn:


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Erie County District Attorney John J. Flynn announces that 35-year-old James D. Brown of Buffalo was arraigned yesterday morning before Buffalo City Court Judge Samuel P. Davis on one count of Aggravated Cruelty to Animals (Class “E” felony under Agriculture and Markets Law) and one count of Overdriving, Torturing, or Injuring Animals; Failure to Provide Proper Sustenance (Class “A” misdemeanor under Agriculture and Markets Law).

It is alleged that on Thursday, November 16, 2023, at approximately 3:00 a.m., the defendant intentionally caused serious physical injuries to a companion animal by slamming his puppy to the ground. The defendant allegedly lifted the dog, a 4-month-old pit bull, by the leash then slammed the dog onto the pavement near Philadelphia and Isabelle streets in the City of Buffalo. It is further alleged that the defendant failed to provided medical treatment for the puppy, which suffered injuries to its rear legs as well as abrasions on its head and legs.

As part of the investigation, the dog was seized by the Buffalo Police Department and transported to an emergency veterinarian for treatment. The puppy is currently in the care and custody of the SPCA Serving Erie County; [the SPCA will be paying the emergency veterinary clinic costs as well as the continued costs of caring for the puppy, named Miley. Click here to contribute towards Miley’s care; remember to write “Miley” in the comments section of the form >>]

Brown is scheduled to return on Wednesday, November 29, 2023 at 9:30 a.m. for a felony hearing. The defendant was released on his own recognizance.

If convicted of the highest charge, Brown faces a maximum of 2 years in prison.

DA Flynn commends the Buffalo Police Department Special Investigations Unit and K9 Unit as well as the SPCA Serving Erie County for their work in this investigation.

“This is a disturbing case of a man accused of intentionally injuring his own dog. My office will continue to prosecute animal abusers to the fullest extent of the law,” said Erie County District Attorney John Flynn.

The case is being prosecuted by Assistant District Attorney Christine M. Garvey of the Animal Cruelty Unit.

As are all persons accused of a crime, the defendant is presumed innocent until proven guilty in a court of law.

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Additional updates on this case will be added here as they become available.