Actual Abuse Which Should Warrant Felony

The link is on Facebook [and y’all know we aren’t fans of FB] but anyway– this is the type of actual animal abuse that warrants prosecution. If in fact anyone did actually fasten any explosive of any type to any animal, it should warrant a felony to us. Although some kid in Las Vegas [while drunk] allegedly tore off a bird’s head, we doubt he got a felony conviction, but we can look it up.* [We found it, see it down below–he went to some boot camp prison then passed the bar exam]

http://www.nbclosangeles.com/news/local/Arrest-Made-Indy-Independence-Fireworks-Dog-Adoption-START-Rescue-Van-Nuys-244492131.html

An arrest has been made in the case of a young pit bull who was badly burned by fireworks last Fourth of July, weeks after the pup was adopted by one of the veterinarians who helped him make an “unbelievable” recovery, police announced Friday.

Carlos Duarte, 41, was arrested Thursday on suspicion of animal cruelty, according to the Los Angeles Police Department. His bail was set at $30,000 and the case has been presented to the Los Angeles District Attorney’s Office, LAPD said.

The arrest comes seven months after someone found a pup abandoned in a Van Nuys alley, suffering from third-degree burns over half his body, including on his stomach, legs and paws.

Doctors believe the dog was strapped with fireworks and lit ablaze.

A man was captured by surveillance cameras yanking the severely injured pup from the bed of his white pick-up truck on July 5, 2013, and leaving it to die near a garbage can.

A still image of the distinct-looking truck was publicized and police said tips from the public helped them find the pick-up, which eventually led them to Duarte.

Nicknamed Indy because he was rescued during the Independence Day holiday, the roughly 3-year-old pit bull captured the hearts of many across the Southland, with supporters donating to his lengthy recovery.

Someone found Indy in the alley last summer and brought him home for the night. But Indy’s injuries were so bad, they took the pup to a shelter.

Indy was brought to the Shelter Transport Animal Rescue Team (S.T.A.R.T.) a shy, timid pup who stepped gingerly around his kennel.

He was soon transferred to the Westlake Village Animal Hospital, where he underwent at least four surgeries and skin grafts, some performed by a well-known surgeon who typically operates on humans, Dr. Richard Grossman.

WPEC-TV CBS12 News :: News - Top Stories - Berkeley law grad sentenced for tearing head off exotic bird in drunken Las Vegas rampage
Monday, May 12 2014, 03:25 PM EDT
Berkeley Law Grad Sentenced For Tearing Head Off Exotic Bird In Drunken Las Vegas Rampage

LASVEGAS (AP) — A University of California, Berkeley, law school graduate was sentenced Monday to up to four years’ probation and 16 hours of animal shelter work per month for beheading a chicken-sized exotic bird during a drunken escapade in October 2012 at a Las Vegas Strip resort.Justin Alexander Teixeira, 25, apologized Monday to the state of Nevada and to people affected by the death of the helmeted guineafowl named Turk.
“It was the worst moment of my life,”Teixeira said in his first public comment since the incident. “If there was anything I could do to undo it, I would.”Security video showed Teixeira and two other Berkeley students – Eric Cuellar and Hazhir Kargaran – laughing and chasing the bird in a wildlife habitat garden area at the Flamingo Las Vegas resort. To the horror of hotel guests having breakfast nearby, Teixeira wrung the animal’s neck, tossed the bird’s body and flipped the head into some nearby rocks.

Cuellar, now 26, and Kargaran, now 27, each pleaded guilty last year to reduced misdemeanor charges. Each was fined and sentenced to community service.

Teixeira, of Placerville, California, pleaded guilty in May 2013 to one felony charge of killing another person’s animal. That avoided trial on that charge and two other felony counts that could have gotten him up to eight years in prison.

He recently completed a 190-day prison boot camp at Indian Springs instead of time behind bars. Defense attorney Michael Pariente told Clark County District Court Judge Stefany Miley that Teixeira received top honors in the program.

He also learned during that time that he passed the California bar exam.

Whether Teixeira will be able to practice law could depend on whether he can get his sentence reduced to a misdemeanor after completing probation. A statement on the bar website allows room for a pardon for a showing of “overwhelming reform and rehabilitation.”

Pariente sought a lenient sentence of 18 months’ probation. He told the judge that Teixeira’s name is forever linked with animal abuse and the incident would haunt him for the rest of his life.

Pariente previously acknowledged the incident happened while Teixeira was “heavily intoxicated.”  But the judge came down hard with her sentence. She told Teixeira his animal shelter commitment will last as long as his probation, regardless of other employment or school enrollment.

So is working around animals in a shelter considered caring for animals, even if one only picks up the dog poop? Theoretical question.

But what of Penal code section:

597.9.  (a) Except as provided in subdivision (c) or (d), any person
who has been convicted of a misdemeanor violation of subdivision (a)
or (b) of Section 597, or Section 597a, 597b, 597h, 597j, 597s, or
597.1, and who, within five years after the conviction, owns,
possesses, maintains, has custody of, resides with, or cares for any
animal is guilty of a public offense, punishable by a fine of one
thousand dollars ($1,000).
   (b) Except as provided in subdivision (c) or (d), any person who
has been convicted of a felony violation of subdivision (a) or (b) of
Section 597, or Section 597b or 597.5, and who, within 10 years
after the conviction, owns, possesses, maintains, has custody of,
resides with, or cares for any animal is guilty of a public offense,
punishable by a fine of one thousand dollars ($1,000).
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