Prosecutors won’t drop felony charge in case involving old dog’s oozing 10-inch tumor

A Westmoreland County judge Friday questioned a continued push by prosecutors to seek a jail sentence for a North Belle Vernon man charged with failing to get lifesaving medical care for his aging dog.

The case against Dan Karbowsky, 55, has languished for more than two years and appears headed for trial after prosecutors rejected a call Friday from Common Pleas Judge Christopher Feliciani to end the case short of a verdict or with a guilty plea to a lesser charge.

“I think taxpayers’ dollars should be spent better than this,” Feliciani said.

Karbowsky is facing one felony count of aggravated cruelty to animals and a misdemeanor charge of neglect of animals after humane officers discovered a 13-year-old mixed-breed dog in his home with a dire medical condition. The dog, according to court records, was diagnosed in 2019 with cancer and a whip worm infection and went the next three years without receiving treatment.

Prosecutors claim that when humane officers went to Karbowsky’s home in March 2022 they found the dog struggling with a 10-inch oozing tumor on its chest that was so large it nearly reached to the ground, and three additional open wounds.

Humane officers told prosecutors Karbowsky claimed he could not afford medical treatment for the dog and, when offered funds to do so, refused to seek care for his pet. According to court records, the dog was removed from the home, underwent surgery and recovered.

During a court hearing Friday, attempts by the judge to mediate a plea deal were unsuccessful.

Karbowsky rejected a proposal to plead guilty in return for a 3- to 23-month jail sentence. He also declined to accept a revised plea deal after the judge said he would only impose a sentence that included house arrest and probation. Karbowsky said he would not plead guilty to a felony offense.

Defense attorney Shane Gannon said Karbowsky had no prior criminal record and no longer has custody of the dog. He would agree to enroll in the Accelerated Rehabilitative Disposition program for first-time, nonviolent offenders, Gannon said.

That program, pitched by the judge, does not require a defendant to plead guilty and, upon successful completion of a probationary period, the criminal case would be dismissed.

Prosecutors refused to allow Karbowsky access to the ARD program.

“I don’t get it. You will offer ARD for assault of a human but not for an assault of a dog,” Feliciani said.

Westmoreland County District Attorney Nicole Ziccarelli, in a statement emailed to TribLive, took issue with the judge’s characterization of the case.

“We respectfully disagree with the judge’s remarks. ARD is determined on a case-by-case basis, and, due to the serious nature of these allegations, we believe offering ARD in this particular case is not an appropriate resolution. Ultimately, ARD is offered at the discretion of the district attorney’s office,” Ziccarelli said.

The trial is tentatively scheduled to begin in September. Lawyers said the case is expected to take about four days. Prosecutors indicated they have eight witnesses, including medical experts, set to testify.