A gruesome discovery behind an East Berne home leads to the arrest of a man for allegedly leaving his dogs in an outside kennel without food, water or adequate shelter. If convicted, the owner will face two years under Buster's Law. Our Britt Godshalk reports.
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The temperature was cold. Crosier and a friend had gone to check on two German short haired pointers inside a neighbor's doghouse.

"Chewed, there were no, his little paws were gone. Everything was just bones and dog hair. And on the other side, detached, was the dog's little black head," Crosier said.

"There's no reason to do a necropsy at this point. It's obvious the dog ate the other dog," said Albany County Undersheriff Craig Apple.

"I haven't seen the pictures yet and what I would say is there is always two sides to every story," said Attorney Jim Walsh.

Walsh said Wendall Smith, the 24-year-old dog owner now arrested on felony animal cruelty charges, is actually the one being mistreated. Smith's landlord said Smith cared for the dogs and had found the deceased animal on Thursday and simply panicked.

"Many people keep dogs outside during the winter. And I'm sorry that his neighbor didn't like that, but that's really what started all of this," said Walsh.

Crosier admits she'd complained. And every time she did, Smith's landlord said Smith went to the trouble and expense to fix it, constructing a shelter.

"It was box. It was a wooden box," said Berne Dog Control Officer Cheryl Baitsholtz.

Berne's dog warden said the living dog, Riley, was a bit thin when he was taken from the property, but is doing well at her kennel.

"The water was frozen. I don't know how long it had been that way," Baitshzoltz said.

But Crosier said she had told the dog warden the dogs lacked water and food back in December.

"And she said there was nothing she could do, she didn't have the authority, and that I would have to call the sheriff's," Crosier said. "And if I called the sheriff's I would have to have proof. I know that the police did receive at least three or four calls."

In fact, the Albany County Sheriff's Department says the only other call to this property they received was September 30, called by Wendall Smith himself. Apparently, a dog had become entangled in a chain and he couldn't free it. And the next time they met up with Wendall Smith it was on much more gruesome circumstances.

"To me, he's an animal killer," Crosier said.

"When the truth comes out Mr. Smith will be shown for what he is. He's a conscientious pet owner," Walsh said.

Smith is free on bail and due back in court in the Town of Berne Friday morning, which is also when Riley is due at the vet.

"I'm assuming I'm going to have to line up a home for him," Baitsholtz said.