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Jose Misael Cardenas, 20, will be sentenced March 11 by Judge Kelly Simmons, who offered the deal. Cardenas pleaded guilty to an animal cruelty count that prosecutors charged as a felony, but the judge has the discretion to make it a misdemeanor.
The investigation began on Aug. 27, when authorities received an anonymous tip from a resident on North San Pedro Road about someone beating a Chihuahua, according to the Marin Humane Society.
An animal control officer arrived to find the 6-month-old dog, Scooby, needing emergency treatment; it had bruises, was limping and lethargic. Cardenas, who said he owned the dog, denied any wrongdoing.
The dog was taken to the hospital and was diagnosed with hemorrhaging to the left eye, bruising to its legs, chest and right ear, and fluid in its lungs, authorities said.
Prosecutors filed charges of animal cruelty, dissuading a witness and failure to take care of an animal. After a preliminary examination of the evidence in September, Judge Simmons ruled there was sufficient evidence to hold a trial on the animal cruelty charge, but she dismissed the two other charges.
Scooby, who was taken from Cardenas by the Marin Humane Society, has since been adopted, said Deputy District Attorney Aicha Mievis.
Cardenas told investigators he bought the dog at a flea market in Vallejo.
Wednesday, Mar 11, 2009: Report and Judgment
Here is his case number: SC160895A, Jose Misael Cardenas
Judge Kelly V. Simmons, appointed to the bench in 2005, received her bachelor's degree from San Diego State University and law degree from Pepperdine Law School.
http://www.marincourt.org/bios_judge.htm
To contact the court locally:
Phone: (415) 473-6225
Location: Civic Center, Hall of Justice, Room C-10
Office Hours: 8:00am - 4:00pm
Email the judge:
Email: criminal@marincourt.org
Mailing address:
