New evidence against the man accused of throwing a dog to its death in traffic during an alleged road rage incident can be introduced in court next week under certain circumstances, a judge ruled Thursday.
The prosecution wants to call a witness who reportedly will testify that defendant Andrew Burnett beat another dog to death while serving in the Navy in Puerto Rico.
Judge Kevin Murphy ruled that the witness may testify if the defense raises the issue of Burnett's intent or his character. One way that could come up is if Burnett takes the stand in his own defense.
Burnett, 27, could face three years in prison if he is convicted of killing Leo, a real estate agent's bichon frise, after a minor traffic accident near the San Jose airport last year.