Menomonee Falls man charged with animal mistreatment
Court records allege he was involved in the death, injury of two dogs
A 21-year-old Menomonee Falls man was charged Wednesday with two counts of mistreating animals, allegedly causing the death by blunt trauma of a German shepherd puppy.
Nickolas T. Magaw, W152 N8358 Elm Lane, was charged Sept. 11 in Waukesha County Circuit Court with two counts of mistreating an animal, intentional or negligent.
According to the criminal complaint, Brookfield Police were first made aware of the alleged abuse on Nov. 12 by Lisa Schultz, a veterinarian at Burleigh Road Animal Hospital.
She told police that a Chihuahua named Bleu had been brought into the clinic for emergency treatment by Magaw and his girlfriend, Naomi Josi. The dog suffered from a bloody right nostril, swollen and protruding eyes and two fractured ribs.
Magaw told the veterinarian that the dog had fallen down the stairs, but Schultz did not think the injuries were accidental, according to the criminal complaint.
An officer with the Village of Pewaukee Police Department interviewed Josi, who said she had gotten into an argument with Magaw two days before the incident at their shared apartment, 1380 Greenhedge Road, village of Pewaukee.
He allegedly called her in the middle of the night after the fight, crying, and said he dropped Bleu down the basement stairs. She came over and saw that he was hurt, his head hanging crooked to one side and his right eye bloody, the complaint said.
She said Magaw had told her once, "You don't know what a person can do when they get mad or jealous," the complaint states.
Magaw told police he had taken the dog outside the apartment to use the bathroom. He claimed the dog urinated on him, and he instinctively threw the dog away from him, down the stairs. He said it was an accident caused by surprise and clumsiness.
On Feb. 8, Schultz reported to police that Josi's father had called and told her another dog had died at the apartment.
A Pewaukee village police officer spoke with Josi, who said Magaw had recently lost his job and was babysitting the dogs. She said that he had called her in the afternoon of Feb. 7 and said one of the dogs was sick, the complaint said.
She came home and found Charlie, their 4-month-old German shepherd, lying on the floor. She said he was "very lethargic," and his breathing was rapid and shallow.
The next morning, the dog was dead. Magaw was allegedly upset and said he would move out because it was the second time, "he ruined things" for her pets, the complaint said.
A necropsy was performed on the dog and it was revealed he died from blunt trauma to the chest, which had fractured a rib and caused severe hemorrhaging.
If convicted, Magaw could face up to 18 months in prison and $20,000 in fines.
He is expected to make an initial appearance in court Sept. 23.
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