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Man arrested after swatting dog

The pet's eye popped out by accident after a disciplinary smack, he says. But police say it's cruelty.

By DEMORRIS A. LEE
Published October 13, 2006

	[Special to the Times]
	Police say Gizmo, a Pekingese, had to have his eye "surgically placed back into the eye socket."
	Joseph Kolodziej, was released from the Pinellas County Jail after posting $10,000 bail.

LARGO - Joseph Kolodziej doesn't dispute that he hit the family dog, an 8-pound Pekingese named Gizmo, Saturday night.

But what Kolodziej, 45, of Clearwater calls an accident has been labeled as animal cruelty by Largo police, who arrested him Wednesday.

Gizmo had to have emergency surgery and, according to Largo police, have his eye "surgically placed back into the eye socket."

Police said Gizmo's injury stemmed from tension between Kolodziej and his estranged wife, but he maintains he is not a violent person.

"They are making me out to be this wife-beating, dog-beating man, and that's not the case," Kolodziej said Thursday after being released from the Pinellas County Jail on $10,000 bail.

On Saturday, Gizmo was misbehaving while playing with a dog toy and at one point, encountered the couple's other dog, a St. Bernard, according to Kolodziej and police. The family was preparing for dinner when Gizmo acted out again.

Kolodziej said he hit Gizmo, not realizing how hard, causing the dog's eye to swell. No one thought the injury was serious, and the family went to dinner.

On their return, the dog's eye didn't get better, so they rushed him to an animal emergency hospital where he remained overnight.

"I was the one who took him to the doctor," Kolodziej said. "I didn't do that intentionally. I didn't mean to hurt Gizmo."

But Frieda Widera, the Largo Police Department's domestic violence intervention specialist, said hitting the dog was a serious matter.

Gizmo "was being a dog, fighting another dog for a toy," Widera said. "When he goes and whacks the dog, it says this is how we handle discipline."

On Wednesday, a child protection worker was visiting the home when she noticed Gizmo's eye, police said. Kolodziej said his estranged wife, Jennifer Spears, 27, has children ages 4 and 6 by another man. The child protection worker contacted Largo police, and they arrested Kolodziej.

Since March, there have been three domestic violence incidents between the couple, according to court records. The others occurred in May and June. Several of the protection orders and charges were dismissed when the two reconciled, which isn't unusual with cases where domestic violence is alleged, Widera said.

Other than the domestic violence incidents involving his wife, according to court documents, Kolodziej has no other criminal record.

Spears, who could not be reached for comment Thursday, has pleaded not guilty to a charge of battery from the March incident involving her husband.

Kolodziej said Thursday he has contacted a divorce lawyer, and court records show the couple filed for divorce in May, but the case was dismissed in September.

Demorris A. Lee can be reached at 445-4174 or dalee@sptimes.com.

[Last modified October 13, 2006, 06:20:35]