Dog Left in 140-Degree Van Suffocates to Death in Northern Westchester

A Maltese dog died Monday afternoon after his owner 41-year-old Heriberto Palacio, of the Bronx, left him in his van that reached 140 degrees while he, his girlfriend and their daughter went to "cool off" at the Franklin D. Roosevelt Park.

Palacio was arrested and charged with animal cruelty, a class "A" misdemeanor, police said. 

On July 5 at approximately 2:30 p.m. the New York State Park Police, based at FDR Park in Yorktown Heights, were notified by a park patron of a small dog inside a van parked in direct sunlight on park grounds. Upon arrival, the New York State Park Police observed a white animal laying down, struggling to breathe, and convulsing due to the intense heat inside the van. 

After police got in the van, officers saw the animal was tied to a hand truck in the rear of the van.

"The animal, which continued to convulse, was removed and immediately put under shade and given water which it could not drink," chief of the SPCA of Westchester Ken Ross said in a press release. "The animal almost immediately became stiff after being removed and subsequently expired."

The temperature outside at that point of the day was over 95 degrees Fahrenheit, and the vehicle interior was approximately 140 degrees Fahrenheit, Ross said. 

He said the incident serves as a reminder to people that "leaving any animal in a vehicle, even for a 'short period of time' is dangerous to the animal's health and well-being, especially during periods of extreme weather."  

The temperature inside a vehicle can range 30 to 40 (or more) degrees hotter on the inside than the outside temperature, even with the windows cracked open.

"If you care for your animal, it's better to leave them home than to risk their death in your vehicle and your possible arrest for animal cruelty," Ross said. 

He said the owner told them he left the dog behind so he, his girlfriend and their daughter could cool off in the park's swimming pool, then have a barbecue. When he returned to the vehicle about an hour and a half later, the dog was already dead.

Ross said the owner stated over and over again that he did not know leaving the animal in the car would hurt him, and that he never intended to hurt his dog. 

"If you are hot, the animal was hot as well," said Ross and added that common sense was not used in this case. 

Class "A" misdemeanors can result in up to one year in jail, $1,000 fine or a combination of both per conviction.

The SPCA of Westchester's Humane Law Enforcement Department asks anyone with any information relating to any act of animal cruelty to contact it's 24 hour Cruelty Hotline – 914-941-7797. All calls will remain confidential.