Animal Abuse: Dog severely beaten - San Rafael, CA | Pet-Abuse.Com Animal Cruelty Database

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Case ID: 14529

Classification: Beating

Animal: dog (non pit-bull)

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Attorneys/Judges

Prosecutor(s):	Linda Witong
Judge(s):	Kelly Simmons

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Dog severely beaten
San Rafael, CA (US)

Incident Date: Wednesday, Aug 27, 2008
County: Marin

Charges: Misdemeanor
Disposition: Convicted

Defendant/Suspect: Jose Misael Cardenas

Case Updates: 2 update(s) available

A 20-year-old San Rafael man was arraigned Wednesday on charges he severely beat his 6-month-old Chihuahua puppy, authorities said.

Jose Misael Cardenas could face up to three years and eight months in prison if convicted of animal cruelty and other counts, said Deputy District Attorney Linda Witong.

A plea hearing is pending. Cardenas was being held at the Marin County Jail in lieu of $150,000 bail.

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, said Carrie Harrington, spokeswoman for the Marin Humane Society.

An animal control officer arrived to find the Chihuahua, whose name is Scooby, needing emergency treatment for bruises, limping and lethargy. The dog's owner, Cardenas, denied any wrongdoing.

The Humane Society seized Scooby and took the dog to the Pet Emergency and Specialty Center in San Rafael. After further investigation, authorities obtained an arrest warrant for Cardenas, and he surrendered to the jail Wednesday morning.

Scooby remained at the pet hospital and will be released Thursday, Harrington said. The Humane Society is arranging for a foster home for the dog pending the outcome of the criminal case.

Cardenas told investigators he bought the dog at a flea market in Vallejo.

Case Updates

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.

Source: Marin Independent Journal - Jan 24, 2009
Update posted on Jan 24, 2009 - 8:38PM

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A 20-year-old San Rafael man has been ordered to stand trial on an animal cruelty charge in the alleged beating of his Chihuahua puppy, but a judge dismissed two other charges.

Jose Misael Cardenas appeared before Judge Kelly Simmons on Wednesday for a preliminary examination of the evidence, which included photographs of the injuries to the 6-month-old puppy, Scooby.

The dog's injuries Aug. 27 included hemorrhaging to the left eye and bruising to his lower legs, chest and right ear, said Dave Stapp, an officer with the Marin Humane Society.

Simmons ordered Cardenas to stand trial on a felony animal cruelty charge but dismissed charges of dissuading a witness and failure to take care of an animal. Cardenas, who has pleaded not guilty and is free on bail, returns to court Oct. 16 to set a trial date.

Source: Marin Independant Journal - Sep 26, 2008
Update posted on Nov 14, 2008 - 3:52PM

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References

Marin Independent Journal - Sept 10, 2008

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Dog severely beatenSan Rafael, CA (US)

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Dog severely beaten
San Rafael, CA (US)