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Case ID: 14986

Classification: Kicking/Stomping, Throwing

Animal: cat

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Attorneys/Judges

Prosecutor(s):

Steve Wagstaffe

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Case #14986 Rating: 1.0 out of 5

Kitten stomped to death
Redwood City, CA (US)

Incident Date: Sunday, Nov 30, 2008
County: San Mateo

Charges: Felony CTA
Disposition: Convicted

Defendant/Suspect: Jesus Refugio Calderon-Franco

Case Updates: 2 update(s) available

A 33-year-old man accused of stomping his roommate's daughter's kitten to death in late November is due to appear in San Mateo County Superior Court on Dec 10, a deputy district attorney said.

Jesus Calderon-Franco faces two felony counts of animal abuse for the Nov. 30 incident and could spend up to three years in prison if convicted, Chief Deputy District Attorney Steve Wagstaffe said.

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.

Calderon-Franco faces one count of animal cruelty and one count of cruelty to an animal of another, 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.

Calderon-Franco is scheduled to appear in court for a superior court review conference at 1:30 p.m., Wagstaffe said.

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

Case Updates

A 33-year-old man was sentenced in San Mateo County Superior Court Friday morning to one year in county jail for stomping his roommate's daughter's kitten to death last November.

Jesus Calderon-Franco, who initially denied killing the animal, pleaded no contest to charges of felony animal abuse for killing the 4-month-old kitten, named "Pucci," on Nov. 30.

At the sentencing this morning, Deputy District Attorney Sean Dabel called the crime "vicious" and asked Judge Clifford Cretan to impose a prison sentence.

Defense attorney Edward Rojas, however, argued that although the incident was "cruel" and "inexcusable," Calderon-Franco had no previous criminal record.

"Sending him to prison is not going to bring back the kitten," Rojas said.

Calderon-Franco killed the kitten allegedly because he was angry with his roommate's 4-year-old daughter for drawing on the bathroom door.

Dabel said Calderon-Franco was under the influence of alcohol and methamphetamine when he saw the drawings, and threw the girl's cat off a second-floor balcony as a punishment.

Calderon-Franco then went downstairs and stomped on the kitten, fracturing its body in several places until it died, Dabel said.

The girl and Calderon-Franco's roommate were not home at the time, but the roommate's brother was home and allegedly witnessed the attack.

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

But Calderon-Franco's roommate saw blood on the sidewalk and followed the trail to find his daughter's kitten dead in a nearby trashcan.

"The brother said (Calderon-Franco) was laughing as he did this, and he took no responsibility after," Dabel said. "The family has been traumatized by this attack."

In addition to a year in county jail, Calderon-Franco was sentenced to three years probation and was ordered not to make contact with the family who owned the kitten.

Source: FoxReno.Com - Feb 6, 2009
Update posted on Feb 6, 2009 - 1:49PM

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A Redwood City man pleaded no contest Wednesday to charges of strangling and stomping to death a kitten belonging to his roommate's 4-year-old daughter, authorities said.

Jesus Calderon-Franco, 33, allegedly killed the girl's kitten, named Pucci, because he was angry that the girl had drawn on the bathroom door, according to prosecutors.

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.

During the Nov. 30 incident, Calderon-Franco grabbed Pucci by the neck and threw the kitten off the second-story balcony. He then shouted that he was going to kill the animal, walked downstairs and stomped the kitten to death, said Chief Deputy District Attorney Steve Wagstaffe.

Calderon-Franco's roommate and his daughter did not witness the incident because the two were out shopping.

However, the roommate's brother was at the apartment at the time and witnessed the incident. The roommate's brother called the roommate, who returned home and confronted Calderon-Franco. He denied attacking the kitten and instead insisted that the animal had run away, Wagstaffe said.

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

A necropsy indicated the kitten suffered multiple fractures to the body and died from pulmonary contusions.

"The most evil part of this is that he killed the kitten to get at this little girl," Wagstaffe said. "It's almost a different version of child abuse. ... Everyone knows how kittens are treasured by little children, and to brutally kill that kitten is an evil act."

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.

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.

Source: The San Mateo County Times - Dec 10, 2008
Update posted on Dec 11, 2008 - 1:53AM

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References

- Dec 10, 2008
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Kitten stomped to deathRedwood City, CA (US)

Case Updates

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Kitten stomped to death
Redwood City, CA (US)