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Showing posts with label court case. Show all posts
Showing posts with label court case. Show all posts

Wednesday, March 25, 2009

DNA Links Teens to Fatally Burning Cat


NEW YORK -- Two Brooklyn teenagers could spend up to 25 years in jail for setting a cat aflame in October, causing the severely injured tabby to eventually be euthanized.
Angelo Monderoy, 18, and Mathew Cooper, 17, were indicted last week by the King's County District's Attorney's Office; they now face multiple charges, including arson in the second degree, burglary in the second degree, aggravated animal cruelty and animal cruelty. In New York, aggravated animal cruelty is classified as a felony.
The 5-month-old case may well have remained unsolved had the New York ASPCA not utilized advanced forensics, one of its investigators says.
It's the first time the New York City cruelty investigative team relied on DNA testing, which is commonly used in human cases, but not animal-related incidents.
"This type of testing is becoming more and more accessible for our field," said Joseph Pentangelo, a special agent for humane law enforcement at the ASPCA. "In this case, what was done to the cat certainly cried out for a resolution. We figured that it was certainly an appropriate case to try it on."
Cooper and Monderoy are being charged for stalking Scruffy, a young male tabby, inside one of the men's Crown Heights apartment building. The cat was technically a stray, but had befriended some of the building's tenants, who would regularly supply him with food and care.
After catching the cat, the pair allegedly broke into a vacant apartment unit on Oct. 7, 2008, doused him with a flammable liquid and set him on fire. One person appeared to hold the cat down on his left side, as the right portion ofScruffy's body showed the most severe burns.
Later that morning, according to the King County's District Attorney's Office, "the cat was found outside crying, unable to move, but still alive. It was taken to an animal hospital, where it was euthanized, due to the severe burns it had suffered."
Identifying a culprit in an animal abuse case is frequently challenging, according to Deputy District Attorney Carol Moran, since "animals, much like a victim in a young child abuse case, cannot identify the attacker."
"Even if this cat had lived, it couldn't identify its attacker, even if it did know who did it," Moran said. "That means that we are always going to rely on some combination of investigative work, and in this case, forensics."
Elements of the crime were sloppy, Pentangelo said, and revealed several clues.
"The flames not only damaged the cat, but the floor and part of the walls of the apartment as well," he said. "This was a reckless act, which could have resulted in people being harmed, as well."
Investigators' survey of the area led them to the defendants, "who made some admissions to their involvement in burning a cat," Moran said.
Yet questions of Scruffy being the actual cat who was burned remained unanswered. Hoping to connect the pieces, the ASPCA investigative team looked to DNA testing as a viable option.
"To make sure we could prove that the animal, whose horrible injuries had caused this death, was the same animal these young men set on fire, the ASPCA really did something unique here," Moran said. "They used the scrapings of charred flesh from the apartment and then samples from the cat's body and sent it away."
The DNA matched.

Monday, March 23, 2009

Puppy mill raided - some dead, dismembered, skulls hanging from trees

Animal Service officers confiscated 38 dogs and puppies Saturday afternoon in Boulder Creek, CA after finding "more dead dogs than we could count" and dog heads hanging from trees.


Inside the residence, officers found dead dogs at the foot of the bed and "feces everywhere."

Geisreiter said most of the dogs were in "pretty bad condition" and were scared and not friendly.



Officers found 38 dogs who were alive and an unknown number of dead dogs and decomposing carcasses. Only one full carcass was found, the rest were body parts, including skulls hanging from trees, Geisreiter said.

"There were decapitated dogs heads all over the property, hanging from trees," she said. "We don't know how the dogs died or why their heads were cut off. We are investigating him for crimes against animals."



Robert Brunette will reportedly be representing himself at his trial which is scheduled to begin on March 23, 2009.

Court dates are subject to change. To check the status of a court date, call:
Clerk of the Court, Criminal Division
Superior Court of Santa Cruz County
Phone: 831-420-2200
Case # F-16961

Additionally, you may mail or fax polite letters to:
Bob Lee, District Attorney
Santa Cruz County
701 Ocean Street, Room 200
Santa Cruz, CA 95060
Fax: 831-454-2227



Read more...



Tuesday, February 24, 2009

All Charges Dropped in Case of Animal Control Officer Shooting Mother Cat and Two Kittens (He claimed self defense!)


An animal control officer who shot and killed three cats will soon be back on the job.
All charges against Fred Grasso have been dropped.
Grasso faced two unclassified misdemeanor charges for allegedly violating the state’s Agriculture and Markets Law. The first count charged him with cruelty to animals and the other alleged he euthanized a dog or cat by gunshot.  How was this last one dropped?!  It is undeniable that he euthanized killed the cat and kittens by gunshot.
The judge pointed out that for Grasso to be convicted of the cruelty charge, he would have to have acted “unjustifiably” in the shooting of the cats.
Town Justice Richard Scott ruled that Fred Grasso didn't actually commit a crime when he shot and killed three cats last June.

Grasso said the reason he shot the animals was because they were rabid (don't you have to kill the animal to test brain tissue to make a diagnosis of Rabies?!) and a danger. The judge agreed and cleared him of any wrongdoing.
The judge said because the officer thought the animals were wild and dangerous, he broke no law by shooting them.
Animal advocates expressed their disappointment. "I know of no case ever where kittens have killed or harmed a human being to the point where deadly force needs to be used," said Barbara Carr of the SPCA.
Grasso's attorney Arcangelo Petricca said, "He does not destroy animals unfairly or unjustly. He felt that he was in danger and that the tenants and residents of that building were in danger, and he had to act quickly and swiftly in order to save them." He had to save the residents from a mother cat and two kittens?!  Are you kidding me?  This is ridiculous!

Petricca called his client “an animal lover himself” who is also a cat owner and who “doesn’t destroy animals unfairly or unjustly.”  An animal lover who has no problem shooting a cat and her kittens.  He saw them hiss and went to get his rifle.  He didn't close the door (which would have enclosed them in the basement, thus, protecting the residents from these big bad kitties!) and wait for someone to help him, he didn't close the door and stop to think...
“[Grasso] felt strongly from the beginning he acted justifiably,” Petricca said. “All I know is he’s tremendously relieved.”
New York State does not have any requirements in place for someone who wants to be an animal control officer.
Assemblyman Sam Hoyt tells News 4 legislation is currently being drafted to change that.

Here is the Judge's Information:  (I urge you to contact him!  Tell him the TNR was the best option for these kitties-not a gun shot to the head!  Click here and here for information to include in your letter.  Use this opportunity to show your disappointment and EDUCATE this judge.  Being rude or impolite truly hurts our cause!)
Richard B. Scott (D)
West Seneca Town Hall
1250 Union Road
West Seneca, New York 14224
phone - 1-716-558-3246

Click here for video.

Sources:



Man beat 5 Pomeranian puppies to death with hammer and is ACQUITTED!

Keith Barton, 73,  killed five Pomeranian puppies with a hammer because he did not want the SPCA officers to seize them.  The SPCA went to his house to seize his thirteen dogs.  He would rather these five be dead than held at the city shelter while he straightened things out?  I mean, the city shelter might have killed them too but at least it would have been more humane than getting their head smashed in with a hammer!

Keith Barton had applied for a licence for Pet Me Kennel, said animal protection officer David Lynch, and a follow-up inspection was being conducted after he had been told to clean up the property.  The SPCA officials and the animal control officer found that his property still did not meet kennel standards and proceeded to seize the dogs.

Barton was playing with the dogs in the yard as the 11 Pomeranians began to be seized, Lynch said. The protection officer said he noticed Barton takings dogs into a shed and thought he was looking for privacy to say goodbye to the animals.

"When he came out of the shed, he put on a coat. He sat on a chair on his back step, and he never said a word ," Lynch said. "I went into the shed to take the animals, and that's when I discovered that … they were dead."

Five of the dogs inside the shed were dead and one was seriously injured, Lynch said.

Judge Patricia Cumming must be mentally impaired because she said there was evidence that the the dog were "rendered unconscious" when they were hit and did not suffer when he was bashing their heads in with a hammer.  What about the first strike that (supposedly) caused them to lose consciousness?

She did feel that one dog, Jake, who survived, did feel pain.  She found him guilty of injuring the dog.  

Barton told the court, in November, he thought he had the right to kill his dogs and he didn't want the SPCA to take his dogs. He testified that he couldn't let the seizure happen because he "loved the dogs so desperately."

When Barton also testified he described the day he killed his dogs as "the worst day of my life, when I had to do that to my babies."

Barton said he would have killed all of the dogs if he had more time.

The Minto man said he thought he had a right to put his dogs down but a provincial veterinary pathologist said Barton's tactics were not an acceptable method of euthanasia for dogs.

The vet said it would have taken three to five minutes for the dogs to die.

Not only did he kill these puppies, he also neglected them while they were alive.  He was charged with three counts of failing to give proper care to his thirteen Pomeranians.  Why only three counts if there were thirteen Pomeranians?  The Judge only fined him the minimum of about $120 on each case.

The judge gave him a conditional discharge, with the condition that he cannot own a dog or pet for the next 12 months.  

This is an extremely violent act and at the end of this, we have five dead puppies, a $360 fine for not providing water to three of the thirteen dogs, the condition that he cannot own any animals for twelve months, and he was found guilty of injuring an animal (the one who survived).  What about the ones he KILLED?  Do they not deserve justice!?


Sources:
http://www.cbc.ca/canada/new-brunswick/story/2008/11/28/nb-defence-dogs.html

http://www.cbc.ca/canada/new-brunswick/story/2008/03/07/dogs-killed.html

http://www.cbc.ca/canada/new-brunswick/story/2009/02/03/nb-dogs-barton.html?ref=rss 



Sunday, February 22, 2009

Animal shelter operators spent donations on drugs while cats languished and died






More than 70 malnourished cats and several cat carcasses were discovered by police Jan. 24 after the shelter's owner and operator, Virginia Kresge Justiniano, 49, and her boyfriend, Andrew Oxenrider, 38, of Tower City, were arrested on drug possession charges after a traffic stop in Pine Grove, Pennsylvania.

Police followed the drugs arrests by going to the shelter near Pine Grove. Investigators found cats and other animals that were dead, dying or starving. They found pallets filled with donated cat food, and they accuse Oxenrider of selling that cat food.

Oxenrider will also face attempted bribery charges after allegedly offering a Pine Grove borough police officer $500 to let him out of the traffic stop, while Justiniano will face animal cruelty charges after abandoning the felines for months, according to the Schuylkill County District Attorney's office.

Police said the home was littered with hypodermic needles and syringes while cocaine, methamphetamine, marijuana and other drugs were found in both the house and a nearby hotel room Justiniano and Oxenrider were renting.

Also, Justiniano and Oxenrider could face federal fraud charges for using shelter donations to buy drugs, according to Hall.

On her way into court, Justiniano spoke with Newswatch 16. "I believe the media has been misleading and I have no other comment," she said. She then added, "I'll let my past actions speak for themselves."

While unconfirmed, Hall said stories have been circulating that out-of-state donors may have given huge sums -- in one case, $25,000 -- to Cats With No Name over the past several years.

Hall said the shelter had once been a reputable, legitimate animal-care facility. However, Justiniano and Oxenrider allegedly began using donation money to buy drugs rather than food or medical supplies for the felines, according to police.

Police also said allege couple sold crates of cat food to raise drug money.

SPCA workers said it appeared several cats had resorted to eating a decaying deer carcass after not being properly fed for weeks. Thirteen cats have been euthanized and at least five cats died from starvation or extreme temperatures, SPCA workers said.

A group from the SPCA helped police build the cruelty case against Justiniano and Oxenrider.

"We cannot find any excuse for this to happen," said Beth Hall of Deer Lake. "In my opinion, it was like a kitty concentration camp - frozen cats, dead cats, starving cats."

"It blows my mind!" echoed Kristen Overkott of Atlas. "She was fully aware of what was going on and she had all the proper materials - medications, food, everything - to keep these cats healthy, and just seemed to refuse to do so."

Justiniano and Oxenrider remain in Schuylkill County Prison in lieu of $25,000 bail.  A hearing on the cruelty cases will be held next month in Schuylkill County. Justiniano and Oxenrider face fines and jail time if convicted.



Sources:
http://individual.com/story.php?story=95737375

http://www.wnep.com/wnep-schyl-cited-for-animal-abuse,0,2078910.story



Wednesday, February 11, 2009

Animal control officer shot mother cat and her two kittens-claiming self defense!


Lackawanna animal-control officer Frederick S. Grasso finally got his day in court Monday, testifying that he shot and killed three cats last June only after they had hissed and spat at him from the basement of a Lackawanna apartment complex.

"I opened the door, I took two steps downstairs, and three cats - the mother and two kittens - came at me," Grasso testified at his daylong trial on two misdemeanor charges. "They were all hissing and spitting at me."

Grasso then went back to his vehicle and grabbed his rifle.

"At that point, the safest means to dispose of those cats was to shoot them," Grasso told West Seneca Town Justice Richard B. Scott.

The case was transferred to West Seneca because it had generated so much comment and publicity in Lackawanna.

Asked later by defense attorney Arcangelo J. Petricca whether he had any alternative to shooting the cats, Grasso replied: "No, I don't believe there was any alternative. There was no safe way to remove those cats."

The nonjury trial also heard testimony from six prosecution witnesses and three defense witnesses. After the daylong proceeding, Scott reserved decision until Feb. 20.

The conflicting testimony presented two widely varying accounts of the three cats that were shot June 10 on Eagan Drive.

Prosecution witnesses, including neighbors and officials of the Society for the Prevention of Cruelty to Animals, portrayed the slain cats and four surviving kittens from the same family as docile, friendly animals that purred and even jumped onto neighbors' laps.

Barbara S. Carr, executive director of the Erie County SPCA, examined the four surviving kittens about two weeks after the shootings.

"They were perfectly normal kittens," Carr told the court. "They were friendly, purring, liked to be touched and didn't struggle to get away."

Michael P. Felicetta, an Erie County assistant district attorney, asked Patricia Murtha, a neighbor from Eagan Drive in Lackawanna, whether the mother cat was aggressive.

"No way, no way," she replied. "Any time she came over, she craved attention."

Several other witnesses provided similar descriptions of the cats' behavior.

"[Grasso] would have you believe that the mother and her two kittens turned evil, turned nasty [that day]," Felicetta said in his closing statement.

During the trial, Scott viewed a DVD shot by SPCA Peace Officer Charles Braun about two weeks after the shootings and depicting the four surviving kittens as very playful.

"This has absolutely nothing to do with June 10," Petricca objected. "It doesn't help evaluate the situation on June 10. . . . It's irrelevant."

Much of the prosecution testimony earlier in the day focused on witnesses who had heard Grasso admit the shootings. But that testimony became moot later in the trial, when Grasso admitted to having fired the three fatal shots.

Earlier, defense witness Vera Bink, the rental manager for the Eagan Drive apartment complex, told the court about the phone call she made to Grasso after having been confronted by the mother cat in the basement.

"I told him on the phone, 'Be careful. Take caution. . . . The female cat hissed at me, and she was ready to charge the stairs,' " Bink said.

"She was afraid to enter her basement, and she feared for the safety of her tenants," Grasso testified about Bink.

Grasso faces two unclassified misdemeanor charges under the state Agriculture and Markets Law, one for cruelty to animals, the other for euthanizing a dog or cat by gunshot.

The law on which the second charge is based states that no one may euthanize a dog or cat by gunshot, except as an emergency procedure for a "dangerous dog" or a severely injured dog or cat.

As Felicetta pointed out, the statute doesn't talk about a "dangerous cat," and there's no evidence or testimony that any of the cats here were severely injured.

But Petricca, in his opening statement, argued that the euthanasia charge should be dismissed.

"This is not a euthanasia case, your honor," he said. "This is not a Kevorkian-type killing."




BuffaloNews.com Feb. 10, 2009 



I want to know why this ACO didn't just trap them?  If he was going to kill them anyway, wouldn't the more humane act be trapping them and "humanely" euthanizing them?  I very rarely agree that euthanasia is the best choice (and I don't agree in this case) but generally cats who hiss once are deemed "aggressive" and are killed by people like this.  


Also, isn't there a protocol for this sort of thing?  They were enclosed in a basement and were not an immediate threat to anyone or any animal outside the basement.  They need to have someone KNOWLEDGEABLE about cat behavior working with animals.  A cat hissing, especially a mother cat, is just trying to protect themselves and their kittens.  It is completely normal for a cat to hiss at a strange person coming into their area.  Just because she hissed doesn't mean she is aggressive.  Also, if she did end up being feral, he should have trapped her and gotten her and her kittens (if they were old enough) spayed or neutered.  


It's ridiculous that he just took it upon himself to discharge a shotgun in a residential area and shoot these kittens after a FIVE MINUTE interaction with them-not even 5 minutes, he said himself that he took two steps into the basement, then went to get his rifle.


There are a lot of people in the case claiming that the kittens and mother were/are friendly.  4 kittens survived and were not shot.  The temperament of the cats doesn't really matter to me that much.  The point is that they were living beings and the ACO took it upon himself to judge their temperament and decided they were dangerous and shot and killed them in a minute or two.


This guy needs to be fired and convicted of animal cruelty.  


If you write to the judge (which I hope you will), feel free to use anything I wrote above.


He is in court Feb. 20, 2009.



Judge Richard B. Scott
West Seneca Town Court
1250 Union Road
West Seneca, NY 14224
Phone: 716.558.3247
Fax: 716.674.0518
(Grasso's Attorney) City Attorney, Arc Petricca cityattorney@ci.lackawanna.ny.us
716.827.6479

Read more on pet-abuse.com.


Please sign the petition regarding this case.



Friday, February 6, 2009

Man who dumped 5 puppies in roadside outhouse will face NO jail time!

A British Columbia man will no face jail time for a disturbing animal abuse case.

Frederick Hoath, 57, is sentenced to a fine of one thousand dollars for each of five counts of animal cruelty. He also received two years probation and 100 hours of community service. Hoath must pay close to 750 dollars for the cost of the rescue. He is allowed to keep his own dog but is banned from owning any new pets for a period of two years.

Five puppies were dumped in a roadside outhouse and left to die in the Crowsnest Pass in January 2008.

The animals were discovered, rescued, and eventually tracked to litter of puppies owned by a Crowsnest Pass woman.

Samantha Rieberger, 42, is also charged with animal cruelty. She will stand trial in February.

In passing down his sentence, the Pincher Creek judge called Hoath a good person who did a cruel thing. At his trial, witnesses testified that Hoath was a helpful and caring neighbour who organized a community toy drive.

Animals rights groups say they are disappointed with the sentence.

The maximum sentence on cruelty to animal charges is a fine up to five thousand dollars, six months in jail, or both.



Read more... 

Thursday, February 5, 2009

25 dead dogs-$62,000

A 40 year old man received $36,720 from Best Friends to take care of 28 dogs who survived Hurricane Katrina.  He owned a kennel and advertised being a dog trainer.  He was given the money to take care of the dogs until they were adopted.  Out of the 28 dogs, he brought 25 of them to a shelter to be killed.  Three dogs were adopted.  


Lorain County Common Pleas Court Judge James Miraldi ordered Donald Chambers to pay a $1,000 fine and $62,124 in restitution to the Best Friends Animal Society in Utah.  



Before imposing his sentence, Miraldi told Chambers, "Your involvement in this process goes way beyond bad business. You went through the deceitful process of taking money and letting these dogs die. I think you have some sociopathic tendencies to behave the way you did."



No one from the family of Donald Chambers wanted to comment about the case.  


Read more 

Saturday, January 31, 2009

DMX Sentenced for animal cruelty and other charges.


Rapper DMX was sentenced to 90 days in jail Friday for convictions on theft, drug-possession and animal-cruelty charges. DMX, whose real name is Earl Simmons, also was placed on at least 18 months' supervised probation by Maricopa County Superior Court Commissioner Phemonia Miller.
Simmons pleaded guilty Dec. 30 to three felony counts — theft, possession or use of marijuana, and possession or use of narcotic drugs — and one misdemeanor count of animal cruelty.

Sunday, January 25, 2009

Man who brutally beat puppy gets slap on the wrist!

A San Rafael man charged with beating his Chihuahua puppy pleaded guilty after a judge said she would reduce his charge to a misdemeanor and limit his sentence to 44 days in jail.

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:

Mailing address:
Marin County Superior Court
3501 Civic Center Drive
San Rafael, California 94903


Read more here... 

Friday, January 23, 2009

Puppy Nearly Frozen-Abuser Failed to Appear in Court!

A Indiana woman faces animal cruelty charges after she abandoned a 16-month-old puppy recently.

A group of Myrtle Beach Firefighters from Station One found the Terrier mix outside of a house on Warren Street on the morning of January 16th.

Animal Control officers tell News 13 the puppy was found shivering in below freezing temperatures with no water, food or shelter.

City police spoke with the homeowner who told them that the puppy's owner, who is just a visitor, does not care to bring the animal inside because there was an infant in the house. Police, who did not release the name of the pet owner, contacted the woman and charged her with animal cruelty.

A court date was scheduled for Wednesday morning but the owner failed to appear.

Police are now looking for the woman who must now pay $469.00 or serve 20 days in jail.

Responding animal control officer, Steve Trott tells News 13 that abandoning an innocent animal is unfortunate in itself but what makes the situation even worse, is when pet owners don't realize the consequences they later have to face.

"If you mistreat your animal you've committed a crime to the animal so you're either going to be charged with some kind of an offense and possibly go to jail," explained Trott. "Your animal is going to be confiscated and taken away so that she can probably get a better home."

The puppy was turned over to the Grand Strand Humane Society where its employees say cases like this are happening way too often and cannot understand why pet owners who cannot take responsibility find another way to care for their animals.

"If you're going to abuse an animal leave an animal chained outside, someone is going to see that and someone is going to call animal control and you are going to be in trouble for it," said Cara Gibbs, Marketing and Public Relations manager at the adoption shelter. "It's against the law, animal cruelty is against the law and as long we're here as long as animal control is here, we're going to do everything to stop it."



Read more... 

Wednesday, January 21, 2009

Dozens of animals found dismembered in NC

Animal control investigators found a machete, several knives and bowls of blood when they went to McKenzie's home near Fremont on Dec. 3, after receiving a tip that animals were being badly treated.

Investigators found the remains of goats, dogs, snakes, a fox and a turtle. The body of a dog placed on what appeared to be a homemade grill was missing its head and front paws, and a plastic storage bag outside the home contained a puppy's head, investigators said.

Investigators also seized 26 living animals, including a sickly goat that had been unable to raise its head. Animal control authorities have said all the animals are improving.

McKenzie told authorities he had been studying taxidermy and using the animal bones for necklaces.



McKenzie has denied the animal cruelty charges, saying he was studying taxidermy and that he began picking up animal carcasses for that purpose.



He now faces a fourth charge because four dead owls were found on his property. Owls are protected under state law.



A Wayne County judge ruled that McKenzie must also pay the county for the upkeep of animals seized from his home in December.



Watch video here.
Read more about the case here .