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Case #11441 Rating: 3.0 out of 5
Dog stabbed, hit with concrete block
Alamogordo, NM (US)Incident Date: Sunday, May 6, 2007
County: Otero
Charges: Felony CTA
Disposition: Convicted
Case Images: 1 files available
Defendants/Suspects:
» Daisha Lombard
» James Manzanares
» Nicholas Stodgen
Case Updates: 5 update(s) available
Alamogordo's Animal Control is accepting donations to help pay veterinarian bills for an abused dog.
Police said three teens attacked the dog on Sunday. The teens are now behind bars facing felony animal abuse charges, Action 7 News reported.
According to police reports, the three stabbed the dog several times, tried to suffocate her by taping her snout and hit her with a concrete block. Police said the abuse nearly killed the dog.
According to police, this is not the first time the three teens have been in trouble with the law.
Two are charged with previous burglary and larceny offenses. The other is charged with the unlawful carrying of a deadly weapon on school property.
Case UpdatesOn Sunday, May 6, an event took place which brought waves of response and outrage from the community. Three teenagers tried to kill a dog and failed.
Alamogordo Department of Public Safety responded that day to the area of 415 Canal on a "kids trying to kill a dog" call.
When officers got there, they learned from a witness in the area that three juveniles, two males, ages 13 and 14, and a 16-year-old female had been in the ditch smashing the dog with a large concrete block. The three juveniles fled the scene when the witness yelled for them to stop.
The officers stopped the three juveniles in the vicinity of Canal Street and Florida Avenue.
The three juveniles had found a brown, cross-breed terrier in the area of Puerto Rico Avenue and Indian Wells Road and took the dog to the Canal area. They taped the muzzle of the dog shut, stabbed the dog several times with a knife, then proceeded to crush the dog with a large concrete block in an attempt to kill the animal.
Animal Control officers arrived at the scene and transported the dog to Staley's Veterinary Medical Clinic. It was confirmed the dog had suffered three stab wounds, numerous broken bones and possible internal injuries. The 44-pound concrete block was located and confiscated as evidence.
After arraignment in Judge Jerry Ritter's courtroom, the three juveniles Dasha Lombard, 15; James Manzanares, 14; and Nicholas Stogden, 13 were ordered to be detained until trial. They were charged with felony extreme cruelty to animals, felony conspiracy to commit extreme cruelty to animals and tampering with evidence.
During the arraignment, Assistant District Attorney Michael called on DPS Officer Roger Schoolcraft.
Schoolcraft said he responded to a call from a resident of a trailer park on Canal Street. The witness' little girl had seen the teenagers clustered around the dog in the Canal ditch and ran to tell her father, who then called the police.
When Schoolcraft got there, he said he spotted the three juveniles running across Florida Avenue and stopped them. He said the three told them they had thought the dog was dying and so decided to kill it.
They were smiling and unconcerned, Schoolcraft said.
"Manzanares said, 'It was just a f---ing dog'," Schoolcraft told the court. "They didn't seem to be affected by what they had done."
The next witness, veterinarian Edmund Christopher Staley, testified the dog had been bleeding a little when the three found her because she was in heat.
Staley testified the dog had a concussion, was in shock and suffering from blood loss when he received her from Animal Control officers Sunday. She had puncture wounds and a pair of slice wounds to her chest; a contusion on her right ear; and bad bruising on either side of her head.
"She showed a great deal of pain when she was moved," he said.
The dog, nicknamed Sandy, was about 24 inches long from the tip of her nose to the back end of her ribcage, Staley testified.
Calling on Juvenile Probation and Parole officers to testify, Kwasniewski established the juveniles all had prior records of misdeeds.
Kwasniewski cited studies showing animal cruelty is a precursor to worse crimes. He also pointed out the community could be dangerous to the juveniles.
Support and outrage poured forth from the community, including city recognition for Celeste and Cassandra Leyva, the children who saw the juveniles and brought attention to the abuse. School children across the community also began fund-raising drives to pay for the veterinarian's costs.
Stogden, who pleaded no contest June 1 to animal cruelty charges, was sentenced in late June in District Court by Judge James Waylon Counts to long-term commitment. The sentence means he could be in state custody for as long as two years, the maximum allowable under law.
Counts said the sentence had nothing to do with any demand on the part of the community for punishment, but out of concern that Stogden is headed for far greater trouble.
Todd Holmes, Stogden's attorney, had argued his client had fallen in with a bad crowd and cited a psychological evaluation that pegged Stogden as a follower. Holmes also argued that Stogden had cooperated with police, giving a voluntary statement and leading police to the location of the weapons used in the attack.
Facing Judge Ritter in October, Lombard maintained she did not harm the dog during a dispositional hearing. Lombard's attorney, Pamela Dobbs, said nobody wants to minimize the seriousness of the crime.
But, Dobbs said Lombard, who was 15 at the time of the incident and the oldest of the three, was a follower and will easily do what people push her to do.
"The fact she maintains she did nothing and is a follower is simply not true," District Attorney Scot Key said. "She has nowhere to go here. Probation is not in the cards in this case."
Ritter issued a disposition of commitment for two years for Lombard.
"This child has extreme problems and needs," Ritter said. "There is no way to do that outside of commitment."
The third juvenile, James Manzanares, 14, has not yet been sentenced. | Source: Alamogordo Daily News - Jan 1, 2008
Update posted on Jan 2, 2008 - 10:24PM |
Daisha Lombard maintained before the court Monday that she did not harm the dog she and two other juveniles are charged with trying to kill on May 6 of this year.
Facing 12th Judicial District Judge Jerry Ritter during a dispositional hearing, Lombard's attorney Pamela Dobbs said nobody wants to minimize the seriousness of the crime.
But she said Lombard, who was 15 at the time of the incident and the oldest of the three accused, is a follower and will easily do what people push her to do.
After forensic evaluations, Dobbs said, it is clear Lombard is functioning a lower level than most children her age. Although the evaluations found Lombard competent, she is not capable of fully understanding.
"She is a child who has not had the opportunity to receive the care and treatment she needed," Dobbs said. "She has been in special education since beginning school."
Dobbs also pointed out Lombard's mother recently got out of prison but is not in a position to provide the girl a home because her mother is in a treatment facility.
Because of Lombard's limitation, Dobbs asked the court for leniency and to not send Lombard to the Youth Diagnostic Development Center facility in Albuquerque.
"I don't think I should go to YDDC," Lombard told Ritter. "I did not harm that dog in any way, shape or form."
But 12th Judicial District Attorney Scot Key read from a letter Lombard had written, in which she says she wished she could have done something for the dog but also admitted to being the one who dropped a 44-pound concrete block on the animal. There is also a witness who saw Lombard drop the block on the animal.
The only question left is whether Lombard also caused some of the stab wounds, Key said.
"The fact she maintains (that) she did nothing and is a follower is simply not true," Key said.
Southern New Mexico does not have the kind of specialist treatment Lombard needs, Key said. After calling YDDC, the DA's office found there is a specialist in Albuquerque who can address animal abuse in youngsters and who can work at YDDC.
"She has nowhere to go here," Key said. "Probation is not in the cards in this case."
Judge Ritter issued a disposition of commitment for two years for Lombard.
"This child has extreme problems and needs," Ritter said.
Lombard is a product of the way she was brought into the world and not responsible for the way she grew up, or for her disabilities, he said. But she does have the responsibility to work on her problems and she needs help in doing so.
"There is no way to do that outside of commitment," Ritter said. "YDDC is the only place with the appropriate facilities.
The charges Lombard to which pleaded guilty are extreme cruelty to animals, conspiracy to commit extreme cruelty to animals and tampering with evidence.
Nicholas Stogden, 13, was committed to the same two-year term at YDDC by Judge James Waylon Counts on June 21 on the same charges.
The third boy, James Manzanares, 14, will appear before Ritter in the near future, Key said. | Source: Alamogordo Daily News - Oct 16, 2007
Update posted on Oct 19, 2007 - 12:59AM |
An Alamogordo boy who pleaded no contest June 1 to animal cruelty charges was sentenced to long-term commitment Thursday in District Court. The sentence means he could be in state custody for as long as two years, the maximum allowable under law.
Judge James Waylon Counts told Nicholas Stogden, 13, of Alamogordo, that his sentence had nothing to do with any demand on the part of the community for punishment but out of concern that Stogden is headed for far greater trouble.
Stogden has been in state custody since the May 6 incident where he, James Manzanares, 14, and Dasha Lombard, 15, are alleged to have tortured a small dog.
Stogden also pleaded no contest to an unrelated burglary.
Todd Holmes, Stogden's attorney, argued that his client had fallen in with a bad crowd and cited a psychological evaluation that pegged Stogden as something of a follower.
Holmes also argued that Stogden had cooperated with police, giving a voluntary statement and leading police to the location of the weapons used in the attack.
He alleged Lombard had bragged about the crime after the fact, and she and Manzanares harassed police and detention transport personnel while en route to a juvenile facility.
District Attorney Scot Key had a markedly different take, arguing that cruelty toward animals was a warning sign of violence toward people. He also cited Stogden's eight referrals to the Juvenile Probation and Parole Office.
Key argued Stogden was equally culpable, stating he conspired with the other two defendants to kill the dog.
Two witnesses testified for the state Alamogordo Department of Public Safety Officer Roger Schoolcraft and one of Stogden's teachers from Chaparral Middle School, Ben Henchar.
Schoolcraft said Stogden cooperated with police and appeared scared but somewhat guarded because he "knew he was in trouble." Schoolcraft said it never became abundantly clear who stabbed the dog, but the knives did come from Stogden's residence.
Holmes said during closing arguments that Stogden did not participate in the actual stabbing, an assertion Key disagreed with.
Henchar characterized Stodgen as "highly intelligent" but having taken a "nosedive" in school. Stogden was enrolled in the Chaparral Helping Adolescents Perform Successfully (CHAPS) program.
He said the program was geared toward students with behavioral or school performance problems, adding Stodgen did not perform well. Stogden later attended the ACES program, which Henchar said was for "extremely difficult" students.
Holmes said after the sentencing that if Stogden does well in state custody, he could be home as early as this Christmas. Holmes said he saw some sincerity in Stogden's stated desire to stay out of further trouble.
Stogden's alleged co-conspirators, Lombard and Manzanares, both have cases pending in District Court. | Source: Alamogordo Daily News - June 22, 2007
Update posted on Jun 22, 2007 - 5:20PM |
An Alamogordo teenager has pleaded no contest to a charge of extreme cruelty to animals.
Nicholas Stogden, 13, also pleaded no contest Friday in state district court to conspiracy and tampering with evidence.
Stogden, 14-year-old James Manzanares and 15-year-old Dasha Lombard were arrested May 7 after they allegedly captured and tortured a puppy.
State District Judge James Waylon Counts ordered Stogden to undergo a psychological evaluation before a sentencing date is set.
Stogden requested that he be released to the custody of his mother to prove that he's not "just a mess-up."
But Counts denied the request, saying that Stogden is a threat to the community and that he may be in danger because of the publicity surrounding the case.
"You are probably one of the three most hated people in Otero County," Counts told the teen.
Stogden also pleaded no contest Friday to charges of burglary, larceny and conspiracy stemming from an unrelated case.
A third case involving the alleged battering of his mother is pending in district court.
Assistant District Attorney Sandra Grisham said Stogden has been referred to the juvenile probation and parole office at least eight times on various charges. | Source: El Paso Times - June 3, 2007
Update posted on Jun 3, 2007 - 4:19PM |
The terrier-mix puppy attacked by three teens is stable, but still can't stand up.
The dog's owner, Juan Preciado reportedly recognized the small terrier-mix pup after seeing its photo in the newspaper.
Preciado said the puppy, named Cindy, had never gotten out of his yard or even tried to get out before. He said his family spent some time looking for the puppy, but they never found her.
Preciado stated his family would be willing to put the puppy up for adoption because they can't afford to pay the vet bills resulting from the savage attack on the dog.
Veterinarian Edmund Staley testified at a court hearing earlier this week that the dog had suffered from a concussion and severe blood loss, as well as a puncture wound and slices to the chest, a bump on her right ear and severe bruises on her head.
Anyone who wishes to help offset the cost of veterinary expenses can do so by calling Alamogordo Animal Control at (505) 439-4330.
Three juveniles have been charged with felony animal cruelty, conspiracy to commit extreme cruelty to animals and tampering with evidence. 15 year-old Dasha Lombard, 14 year-old James Manzanares, and 13 year-old Nicholas Stodgen are in custody awaiting their next hearing on the charges. | Source: ABQ Journal - May 10, 2007
Update posted on May 22, 2007 - 1:03PM |
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