California man stomped on kitten resulting in it's death, convicted of felony animal cruelty, sentencing Jan 28.

A 33-year-old man accused of stomping his roommate's daughter's kitten to death in late November appeared in San Mateo County Superior Court on Dec 10.


Jesus Calderon-Franco pleaded no contest to one felony count of animal abuse in a deal with prosecutors that guarantees a penalty of no more than 16 months in prison. He had been facing two felony charges of animal abuse, which could have netted him up to three years in prison.

Calderon-Franco allegedly killed the 4-year-old girl's kitten, named "Pucci," because he was angry she had drawn on the bathroom door, Wagstaffe said.

The roommate and his daughter were out shopping on Nov. 30 when Calderon-Franco became angry about the drawings. The roommate's brother was at the apartment at the time and allegedly witnessed Calderon-Franco grab "Pucci" by the neck and throw the kitten off the second-story balcony, according to Wagstaffe.

He then allegedly shouted that he was going to kill the animal, walked outside to where the kitten was and stomped on it, Wagstaffe said.

The roommate's brother called the roommate, who returned home and confronted Calderon-Franco. He denied attacking the animal, Wagstaffe said.

But the roommate saw blood on the sidewalk and found his daughter's kitten dead in a nearby trashcan, according to Wagstaffe.

A necropsy indicated the kitten died from multiple fractures to the body, Wagstaffe said.

Wagstaffe called the killing "cruel" since the attack not only left the kitten dead but also likely emotionally traumatized the 4-year-old girl.

"You're not just trying to harm the animal, you're trying to harm the child," Wagstaffe said.

Calderon-Franco has maintained his innocence and pleaded not guilty in San Mateo County Superior Court on Dec. 2, according to Wagstaffe.


Superior Court Judge Clifford Cretan said Wednesday he would keep an open mind to pleas from Calderon-Franco's defense attorney that his client serve out his term on probation rather than spend time in jail or prison, according to Wagstaffe.

Calderon-Franco has no prior convictions in San Mateo County.

Nonetheless, the prosecutor called the plea deal an "outstanding resolution" to the case because the family of the 4-year-old girl will not have to wait long for closure in the criminal justice system.

Calderon-Franco remains in custody in lieu of $20,000 bail. He is expected to return to court Jan. 28 for sentencing.

His sentencing hearing has been scheduled for Jan 28, 2009

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