Man Gets Max in Dog Road Rage Death

July 13 -- The man who tossed a dog to its death on a busy California highway was sentenced today to three years in prison.

The judge rejected the probation report presented by Andrew Burnett's defense from an investigator who said Burnett had shown remorse and should receive probation instead of jail time for killing Leo, a 10-year-old bichon frise.

Instead, as courtroom spectators applauded, the judge followed prosecutors' recommendation that Burnett receive the maximum sentence for animal cruelty and said Burnett could pose a threat to the community.

"It's a case of rage-induced violence," Judge Kevin J. Murphy said. "I believe that prison can send a message and it can deter."

On June 19, a California jury took less than an hour to convict Burnett, 27, of felony animal cruelty in Leo's death. On Feb. 11, 2000, the dog was grabbed from the lap of his owner, Sara McBurnett, after her car bumped Burnett's vehicle on a highway near the San Jose International Airport.

‘Instinctive’ Self Defense Rejected

The woman claimed Burnett yelled at her after the accident, reached through her open window, and grabbed Leo. Soon she spotted the white, fluffy dog running across two lanes of traffic, and he was struck and killed seconds later.

"Words can never convey the depth of love I had for my dog Leo," McBurnett said at today's sentencing. "His [Burnett's] clear intent was to terrorize me in the fastest and clearest way he could under the circumstances."

Burnett sped off the scene and police were not able to track him down for almost a year.

Apology From An ‘Animal Lover’

Burnett never took the stand during his trial. His attorney claimed he "instinctively" snatched Leo after the dog allegedly bit him on the hand. But today he tried to convince Judge Murphy that he was remorseful for his crime and apologized to the McBurnett family.

"I'm really sorry for what happened," he said. "I'd like to say I'm sorry to the McBurnett family. If there's anything I could ever say or do to bring back Leo, I would."