QUEENSBURY — The Glens Falls man who allegedly shot and killed a dog when firing a shotgun into a home will stand trial starting Jan. 6.
A trial date was set Thursday in the case of Joshua P. “Marco” Marcantonio, who faces an eight-count indictment for the May 9 shooting that left a Dalmatian named Sir Edwin dead from a gunshot wound.
Acting Warren County Judge Kelly McKeighan scheduled trial Thursday after Marcantonio declined a plea deal offer that would send him to state prison for up to 9 years.
He would be required to plead guilty to felony counts of criminal possession of a weapon and criminal mischief and misdemeanor animal cruelty, with the understanding that McKeighan impose a 3- to 9-year prison sentence.
Marcantonio’s lawyer, Jeff Matte, said his client was not willing to accept the offer Thursday, but the Warren County District Attorney’s Office agreed to leave the offer open until a pretrial hearing set for Dec. 20.
Marcantonio is accused of firing a 12-gauge shotgun through the front door of a friend’s home on Charlotte Street, nearly hitting a person inside and hitting the dog.
Police said Marcantonio was a friend of a resident of the home, and had been hanging out there, watching a movie and drinking, before becoming combative with a resident and being asked to leave.
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He left and went out to his car, but returned seconds later and fired a 12-gauge shotgun through the door.
The resident of the home with whom Marcantonio was upset, Shannon Gilligan, told police he saw Marcantonio walking up the sidewalk to the home before he slammed the front door and the shot rang out. The dog was hit and died seconds later.
Marcantonio was arrested minutes afterward, walking nearby. The gun was recovered from the porch of the home.
He has pleaded not guilty to the indictment that includes felony counts of attempted first-degree burglary, reckless endangerment, criminal possession of a weapon and criminal mischief and misdemeanor animal cruelty and criminal mischief.
He is free on bail pending further court action.
McKeighan said he expected the trial to last five to seven days.