A Westmoreland County judge on Friday questioned prosecutors’ ongoing efforts to seek prison time for a North Belle Vernon man accused of failing to provide life-saving medical care to his aging dog.

The case against 55-year-old Dan Karbowsky has been dragging on for more than two years and is now expected to go to trial after prosecutors on Friday rejected Common Pleas Court Judge Christopher Feliciani’s request to end the case without a verdict or with a guilty plea to a lesser charge.

“I think taxpayers’ money should be better spent,” Feliciani said.

Karbowsky is charged with aggravated animal cruelty and animal neglect after animal rights activists discovered a 13-year-old mixed-breed dog in his home in dire health. According to court records, the dog was diagnosed with cancer and a whipworm infection in 2019 and went without treatment for the next three years.

Prosecutors allege that when animal rights activists came to Karbowsky’s home in March 2022, they found the dog struggling with a 10-inch, oozing tumor on his chest that was so large it almost reached the ground, as well as three other open wounds.

Animal welfare officials told prosecutors that Karbowsky claimed he could not afford the dog’s medical treatment and when offered money to do so, he refused to care for his pet. According to court documents, the dog was removed from the home, underwent surgery and recovered.

During a court hearing on Friday, the judge’s attempts to reach an agreement were unsuccessful.

Karbowsky rejected an offer to plead guilty in exchange for a prison sentence of 3 to 23 months. He also declined to accept a revised deal after the judge said he would only impose a sentence that includes house arrest and probation. Karbowsky said he would not plead guilty to a crime.

Defense attorney Shane Gannon said Karbowsky has no criminal record and no longer has custody of the dog. He is willing to enroll in the Accelerated Rehabilitative Disposition program for first-time, non-violent offenders, Gannon said.

Under this program proposed by the judge, defendants are not required to plead guilty and after successful completion of a probationary period, criminal proceedings would be dismissed.

The public prosecutor denied Karbowsky access to the ARD program.

“I don’t understand that. When a person is attacked, ARD is offered, but when a dog is attacked, it is not,” said Feliciani.

Westmoreland County District Attorney Nicole Ziccarelli criticized the judge’s characterization of the case in a statement emailed to TribLive.

“We disagree with the judge’s comments. ARD is decided on a case-by-case basis and, given the seriousness of these allegations, we believe that granting ARD is not an appropriate solution in this specific case. Ultimately, granting ARD is at the discretion of the prosecutor,” Ziccarelli said.

The trial is expected to begin in September. Lawyers said the case is expected to last about four days. Prosecutors said eight witnesses, including medical experts, will testify.