PITTSBURGH (KDKA) — A man from New York State is charged with cruelty to animals and aggravated assault after police say he left a dog in a hot car for hours while he went to a concert in Oakland.

Police say Drew Davis was attending the Phish concert Wednesday night at the Petersen Events Center when police were called to a car parked on DeSoto Street in Oakland.

Police say the dog, a Presa Canario, was in distress.

According to court papers, there was no water bowl or food in the car.

Police report that when they were unable to locate the owner or get into the car, they broke both drivers’ side windows to get the dog out.

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When Davis arrived, according to court papers, he became agitated, refused to follow commands and struggled with officers.

Officers handcuffed him on the trunk of the car, and according to court papers, a crowd that had gathered then cheered.

Davis was taken to the Allegheny County Jail where police say they found marijuana on him. He was set to be arraigned Thursday night.

The dog was taken for treatment of dehydration.