Case Details
Case Snapshot
Case ID: 11664
Classification: Stabbing
Animal: dog (non pit-bull)
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Animal was offleash or loose
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Dog killed, throat slit
Novato, CA (US)

Incident Date: Tuesday, Jun 12, 2007
County: Marin

Charges: Felony CTA
Disposition: Dismissed

Person of Interest: Frank Garduno

Case Updates: 5 update(s) available

A Novato family is grieving the loss of its 10-month-old Chihuahua, Mimi, found in a pasture with its throat cut, apparently tossed over the fence.

Frank Garduno, 49, was charged June 13, 2007 in Marin Superior Court with cruelty to animals and preventing or dissuading a witness from reporting a crime.

Mimi wandered over to Garduno's house on Kenwood Court before disappearing.

"She used to sleep with me," 6-year-old Charlyse Bicknell said of her beloved dog. "We miss her so much. I wish she was still alive."

"We loved that little dog. She was part of the family," said Charlyse's mother, Barbara Bicknell. "This is a quiet little cul-de-sac. I would never dream someone could do such a horrific act on a little dog."

Bicknell, a resident of Kenwood Court for about seven months, said a relative staying at her house damaged Garduno's mailbox a couple of doors down late Saturday night or early Sunday morning. She said she promised to fix it as soon as possible.

"He came to our house, berated us and was abusive - then he called the police," Bicknell said. "The police told him to leave us alone. The same day, he came over with a gift and a card asking for forgiveness because he had harassed us and yelled at us."

On June 12 afternoon, Bicknell said she and her two 6-year-olds were playing with a blow-up pool on the driveway when Garduno came home.

"He was with one of his daughters and was yelling at her, then he started yelling at us," Bicknell said.

She saw the dog walk up Garduno's pathway to his front door, and she ran to her house to get a leash. Bicknell said that when she returned, she went to talk with Garduno, but he told her the dog was not there.

"I asked, 'Are you sure she did not get into your house, because I saw her walk up your pathway.' He said no," Bicknell said. "The trees became still. The air was still. I just knew immediately that something tragic happened."

Bicknell then drove to a home on a nearby street to search a yard behind Garduno's house; she found the dog's body a few feet from the fence and called police again.

Novato police Lt. Jennifer Tejada said Garduno "did in fact have the dog in his residence and evidence collected at the scene led us to believe there was probable cause to arrest him for cruelty to animals. The knife wound was to the right side of the dog's neck, approximately one inch in length."

Cindy Machado, the Marin Humane Society animal services director, said there is evidence the dog "suffered incredibly," and her agency is "conducting a very intensive investigation that will determine how the dog died and who is responsible."

Bicknell filed a restraining order against Garduno on June 13, and the family is considering moving.

"Part of my healing is to make sure he gets prosecuted to the fullest," Bicknell said. "I do not want my children thinking people can get away with something like that."

But neighbor Stacy Sampson expressed surprise at the situation, saying Garduno has lived there about 10 years.

"They are an upstanding family. They have well-adjusted kids," Sampson said. "I was very shocked. I couldn't believe it."

A woman who answered the door at Garduno's house said she did not have time to talk.

Chief Deputy District Attorney Barry Borden said Garduno could face up to three years in state prison or a fine of up to $20,000 or both.


Case Updates

A Novato man suspected of killing his neighbor's dog died on Tuesday, July 31 at Novato Community Hospital, the Marin County coroner's office said on August 1.

The coroner's office said 49-year-old Frank Garduno died at 1:45 p.m. and an autopsy is scheduled for Thursday. The coroner's office said a cause of death has not been determined.

Garduno reportedly died of a heart attack and had been involved in a vehicle accident Sunday.

Garduno was charged with cutting the neck of a neighbor's 10-month-old Chihuahua in the 200 block of Kenwood Court on June 12. The neighbor, Barbara Bicknell, found the dog in another neighbor's backyard adjacent to Garduno's residence, according to Novato police.

Police said witnesses said they saw Garduno in possession of the dog.

Garduno was charged with animal cruelty and complained of health problems during his court appearances. A preliminary hearing on the animal cruelty charge was scheduled for Aug. 29.
Source: CBS 5 - Aug 1, 2007
Update posted on Aug 29, 2007 - 3:16AM 
A preliminary hearing has been set for August 29 at 1:30 p.m. in Marin County Superior Court.

Frank Garduno faces felony animal cruelty charges and a charge of attempting to dissuade a witness.

The charges stem from an incident in June, when Garduno allegedly killed his neighbor's chihuahuah by slitting it's throat and throwing it over his fence.
Source: Case # SC153949A
Update posted on Jul 17, 2007 - 1:52PM 
A Marin judge on Wednesday issued a $250,000 bench warrant for a Novato man accused of slitting the throat of a Chihuahua, then withdrew it after the defendant claimed he was late for court because he misunderstood an order.

Frank Garduno, 49, told the court he went to the emergency department at Novato Community Hospital in the morning for blood work and X-rays. Garduno was given the lunch hour to fetch proof of his hospital visit, which he did, earning a reprieve from the judge.

Earlier, Marin Superior Court Judge Faye D'Opal had all but agreed with prosecutors that Garduno should be returned to custody, dismissing arguments that he misunderstood the order to return to court for a 9:06 a.m. hearing.

"I was present yesterday," D'Opal said. "I made the order - I was very clear."

In the hearing on Tuesday, Garduno's attorney, James Hastings of San Rafael, was relieved from the case. On Wednesday, D'Opal assigned attorney Robert Crowe of Larkspur to represent him.

A preliminary hearing had been set for Wednesday afternoon but was postponed because of the change in attorneys.

Garduno has pleaded not guilty to charges of animal cruelty and dissuading a witness.

He was arrested June 12 when his neighbor, Barbara Bicknell, told police she had seen her dog, Mimi, wander toward Garduno's home on Kenwood Court. When she asked him about the dog she said Garduno denied knowing where it was.

Later, she found its body with a gash to the neck while searching the neighborhood. She said it appeared Garduno had thrown the dog over his fence into a pasture, according to court records.

In arguing for the dismissal of the bench warrant Wednesday afternoon, Deputy Public Defender Eva Bennett said Garduno raced to the courthouse when he learned by telephone that he was expected first thing in the morning.

She said the case has been difficult for Garduno and his family and he was confused. She also noted that his household had received threats by telephone and by mail.

Deputy District Attorney Murat Ozgur reiterated that Garduno has been playing loosely with the court and cited the violation of a restraining order a day after he bailed out of jail as an example. He also cast doubt on Garduno's claims of failing health, noting that in an earlier case he claimed to have cancer in a bid to get the court to reduce a felony charge to a misdemeanor.

"The defendant has previously misrepresented his medical condition to the people and based on that he received significant benefit," Ozgur said. "This offensive use of medical ailments to excuse this behavior is unacceptable."

D'Opal denied the prosecution's motion to put Garduno in jail and ordered him to return to court Monday to reset his preliminary hearing date.
Source: Marin Independent Journal - Jul 12, 2007
Update posted on Jul 12, 2007 - 1:51PM 
A Novato man charged with killing his neighbor's Chihuahua by slitting its throat pleaded not guilty to charges of animal cruelty Monday.

Frank Garduno's bail was reduced from $100,000 to $50,000 during his appearance in Marin County Superior Court, despite Deputy District Attorney Murat Ozgur's request that the bail be increased to $150,000 due to the "disgusting" nature of the crime.

Garduno's neighbor, Barbara Bicknell, said her 10-month-old dog wandered toward Garduno's home on June 12. But when she asked him about her pet, he said he didn't know where it was. She later found the dog's body, which looked like it had been thrown over Garduno's fence into a pasture, she said.

"We've been debilitated by grief," Bicknell has said about the loss of the dog.

Garduno, 49, was being held in Marin County jail. He is due in court again on July 11, so the judge can decide whether there is enough evidence to take the case to trial.
Source: SFGate - June 25, 2007
Update posted on Jun 25, 2007 - 8:37PM 
A Novato man accused of slitting the throat of a 10-month-old Chihuahua told a Marin judge Tuesday that he needs to be released from jail to care for his family.

Frank Garduno, 49, appeared in Marin Superior Court to face charges of cruelty to animals and preventing or dissuading a witness from reporting a crime. He is being held in Marin County Jail in lieu of $100,000 bail.

In a statement before the court, Garduno said Judge Faye D'Opal knew him because she heard a burglary case against him last year.

"Other than health reasons, I never missed an appearance over a year," Garduno said. "I've never been in an altercation before in my life."

Garduno told D'Opal that he needs to get back to work and needs to be with his wife and 13- and 16-year-old daughters.

"My family needs my help, and I need my family," Garduno said.

D'Opal said she remains concerned about the safety of others and denied the request to have Garduno released on his own recognizance.

She said she read in court documents that Garduno stated he has used a gun to shoot and kill a person.

At the time of his arrest, Garduno was on probation for burglary under a sentence ordered by D'Opal in March 2006. He admitted to violating the terms of his probation on Dec. 7, 2006, by working as a process server when his license was suspended by a court order.

Prosecutors said he worked as a process server from April to July 2006 and maintained a Web site stating he was a licensed process server.

Garduno's neighbor, Barbara Bicknell, the owner of the dog, told police that on June 12 she had seen the dog wander toward Garduno's home on Kenwood Court. When she asked him about the dog, she said Garduno denied knowing where it was.

She later found its body with a gash to the neck while searching the neighborhood. She said it appeared Garduno had thrown the dog over his fence into a pasture.

Deputy District Attorney Murat Ozgur called the crime "vicious and disgusting" and said Garduno's bail should be increased by $50,000.

Bicknell said her family is devastated. "We've been debilitated by grief," Bicknell said. "I've barely slept in a week."

Bicknell advertised a petition on the Internet site Craigslist, urging the court to give Garduno the maximum sentence. More than 4,000 animal lovers throughout the nation have signed it.

"Our biggest fear is him coming back to the neighborhood," Bicknell said.

Garduno is due to return to court June 25.
Source: Marin Independent Journal - June 19, 2007
Update posted on Jun 25, 2007 - 8:37PM 

References

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