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SAN JOSE – Andrew Burnett apologized for the death of a small dog he threw into traffic in a fit of road rage. But a judge called him a liar, and sentenced Burnett to the maximum three-year prison term. 

The courtroom erupted in applause Friday as Judge Kevin J. Murphy, who accused Burnett of a lack of remorse, imposed the sentence after saying the 28-year-old man was a danger to the community. 

Burnett, convicted June 20 of tossing a fluffy white bichon frise named Leo to his death following a fender bender with Leo’s owner, asked the judge for leniency. 

“What the defendant said is he was sorry. It was an accident,” Murphy said. “It wasn’t an accident.” 

The judge said Burnett lied about the events that occurred the rainy night of Feb. 11, 2000, when Sara McBurnett’s car lightly tapped the bumper of Burnett’s car at the San Jose airport. 

Witnesses testified during the felony animal cruelty trial that Burnett snatched the dog from McBurnett’s lap and tossed him to his death in busy lanes of traffic. Burnett’s attorney maintained his client merely acted reflexively after Leo bit him. 

“To describe his story as unbelievable is being polite,” Murphy said. 

Burnett’s attorney, Marc Garcia, said he expects his client to appeal the sentence within the next 60 days. 

“I can’t imagine that somebody who for 28 years had led a crime-free life, has been productive, has been responsible, could receive three years in prison on a first-time offense,” Garcia said. “It’s just something that is unprecedented.” 

Murphy seemed particularly troubled by Burnett’s lack of outward remorse, though he apologized to the court and the McBurnett family at sentencing. 

“I’m really sorry for what happened,” Burnett testified. “I’d like to say I’m sorry to the McBurnett family. If there’s anything I could ever say or do to bring back Leo, I would.” 

Burnett also expressed remorse for the incident when he was interviewed recently by Jennifer Daughenbaugh, the probation department worker who drafted a report recommending a one-year county jail sentence followed by probation. 

McBurnett and her husband both asked the judge to impose the maximum penalty allowable for Burnett. Patrick McBurnett said the defendant’s actions had taken the gravest emotional toll on his wife. 

“Words can never convey the depth of love I had for my dog Leo,” Sara McBurnett testified at the sentencing hearing. “His clear intent was to terrorize me in the fastest and clearest way he could under the circumstances.” 

The couple from Incline Village, Nev., clutched each other in the front row as Murphy imposed the sentence. Burnett’s mother and fiance looked on from across the aisle. 

Outside the courtroom, Sara McBurnett applauded the judge’s sentence and questioned the sincerity of Burnett’s apologies. 

“Statements made by a pathological liar mean nothing. Absolutely nothing,” she said. 

If Burnett is forced to serve his sentence on the felony animal cruelty conviction, he would be eligible for parole in July 2002. 

Burnett has been in jail since Jan. 4 and faces criminal theft charges for allegedly stealing equipment from his van when he worked as a telephone repairman. He faces trial on those charges next week. 

Judy Nemzoff, a spokeswoman for the Society for the Prevention of Cruelty to Animals in San Francisco, said the case sends a strong message that society will not tolerate the wanton mistreatment of animals. 

“We anticipate that society will demand that more and more offenders will be prosecuted to the extent of the law,” Nemzhoff said.