Defendant in Dog Burning Case Sentenced

May 17, 2013 Updated May 17, 2013 at 6:51 PM EDT

By Kendra Eaglin

May 17, 2013 Updated May 17, 2013 at 6:51 PM EDT

Buffalo, NY

Eighteen year old Diondre Brown was sentenced to six months in jail and five years probation but because of time served he was scheduled to be released at 5 pm Friday night.

Brown was 17 back on October 29, 2012 when Phoneix the dog was hung three feet off the ground, doused with lighter fluid, then set on fire.

Brown was Phoenix's care taker. His defense attorney says Brown's 19 year old uncle Adell Zeigler was the mastermind behind the cruel attack and ordered Brown to be the look out while Brown cried and tried to tell Ziegler to stop.

Brown fully co-operated with the prosecution against Zeigler. The judge also took into account Brown's past. At nine years old Brown's mother and three other people were murdered in front of him by his other uncle.

Brown suffers from post traumatic stress and other mental issues as a result. Brown spoke at his sentencing hearing and said he didn't want Phoneix to get hurt and apologized.

Nineteen year old Zeigler will be sentenced on June 14th. District Attorney Frank Sedita says Zeigler is a sociopath and even bragged about the event in recorded jailhouse phone calls.

As part of Brown's probation he can not own animals for five years and has to get counseling for his mental and emotional issues.

As for Phoenix he has recovered and will soon be adopted.