Owner of pitbull shot and killed by sheriff's deputies faces drug charges

Posted at: 07/18/2012 11:14 AM | Updated at: 07/18/2012 6:16 PM
By: Berkeley Brean | WHEC.com

The man whose dog was shot and killed by sheriff’s deputies is now a defendant in a multi-county drug conspiracy. 

Diablo, a pit bull was shot by two deputies back in early June. The owner said he wanted to sue the Monroe County Sheriff’s Office. He is now a defendant charged with possessing marijuana and steroids. 

The Monroe County District Attorney’s Office said it was marijuana and testosterone, a generic term that could mean a number of different drugs. But News10NBC found out through law enforcement involved in the case that it is specifically steroids that Gary Brockler is accused of having. 

Brockler was arraigned on a grand jury indictment charging him with criminal possession of marijuana and steroids. He pled not guilty. Last year, police searched Brockler’s home on Whitney Road in Perinton.  Brockler’s attorney wondered about the timing of the charge considering the investigation goes back more than a year. 

Matthew Parrinello, Brockler’s attorney, said, “The timing of it is somewhat odd. Is this retribution for what's going on with Diablo? I don't know that, but they certainly were ready willing and able to bring the charges over a year ago or approximately a year ago and they didn't.” 

Matthew Schwartz, Assistant District Attorney, said, “This has absolutely nothing to do with Diablo or the offense surrounding those circumstances. This was an entirely separate investigation. It had nothing to do with anything that happened to Diablo.” 

Police say the search of Brockler’s home was a step in an ongoing investigation into a marijuana distribution ring in Monroe and Wayne counties. The marijuana charge against Brockler is a felony, but it’s the lowest level of felony. It comes with a maximum sentence of one and a half years in jail. 

Brockler’s attorney said Brockler has no criminal history. Brockler and his attorney are not sure yet if they are going ahead with the lawsuit involving Brockler’s dog. They say they’re still waiting for an apology from the sheriff. They’d like something to happen in August. The sheriff said the shooting of Brockler’s dog was justified. 

 

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