Depew Man Arraigned on Animal Cruelty Charge for Causing Death of Dog Left in Hot Vehicle

Erie County District Attorney Michael J. Keane announces that Daniel J. Kowalczyk, 29, of Depew, was arraigned on Wednesday morning before Cheektowaga Town Court Justice John J. Wanat on one count of Overdriving, Torturing and Injuring Animals; Failure to Provide Proper Sustenance (Class A misdemeanor under New York State Agriculture and Markets Law).

It is alleged that on the afternoon of Tuesday, September 16, 2025, Cheektowaga Police responded to a parking lot on the 2500 block of Walden Avenue in the Town of Cheektowaga for a report of a deceased dog. The defendant allegedly left his dog, a 3-year-old Bulldog named "Goon," inside of cage in the rear cargo of his parked vehicle for more than an hour. A necropsy indicated that the dog died from heatstroke due to impaired thermal regulation.

Kowalczyk is scheduled to return for further proceedings on Wednesday, February 18, 2026, at 9:30 a.m. He was released on his own recognizance as the charges are non-qualifying offenses for bail. At the request of our prosecutor, the Court imposed a securing order that prohibits the defendant from owning, harboring, or having custody or control of any animals while the case is pending prosecution.

If convicted of the charge, Kowalczyk faces up to 364 days in jail.

DA Keane commends Chief Officer Lindsey Wood of the SPCA Serving Erie County, Officer Dennis Kusak and Officer Christopher Wierzbowski of the Cheektowaga Police Department, and Cheektowaga Animal Control for their work in this investigation.

The case is being prosecuted by Assistant District Attorney Megan E. Mahoney 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.