CONVICTED: Was justice served?
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Case #12579 Rating: 2.6 out of 5
Cat slammed against balcony, kicked
Santa Cruz, CA (US)Incident Date: Friday, Oct 28, 2005
County: Santa Cruz
Disposition: Convicted
Defendant/Suspect: Rashid Donkervoort
On October 28, 2005 Ms. Brooks called the Santa Cruz County Animal Services dispatch line to report that on the previous evening (October 27, 2005) she allegedly witnessed a man at 7000 Soquel Drive beating a cat. Neighbors told witness #1 that the man reportedly sprayed the cat with Raid prior to beating the animal to death. Ms. Brooks reported that the cat belonged to someone named Megan who lives in either apartment #2 or #3 of 7000 Soquel Drive.
On October 28, 2005 at approximately 16:00 hours Officer Stosuy met Ms. Brooks at her residence. Ms. Brooks explained that at approximately 1:30AM on October 28,2005 she was standing outside her residence smoking a cigarette. She stated that while standing outside she observed a male "kicking something with his foot" on the balcony of 7000 Soquel Drive. She stated she could hear the object "making a thud noise when it hit against the side of the balcony." She continued, "The male moved around in a large circle in front of unit 4 still kicking the object. He then stopped and walked back inside of apartment #3." Ms. Brooks placed these details in a written witness statement (Exhibit A). Ms. Brooks also reported that another neighbor, Mr. Rivas, also observed the alleged cat killing. Officer Stosuy attempted to make contact with Mr. Rivas, but he was not home, so Officer Stosuy left a notice for him to call as soon as possible.
Officer Stosuy made contact with the reported owner of the cat, Ms. Burton. Officer Stosuy asked Ms. Burton if she knew that her cat might have been killed, and she stated that she "didn't want to be involved." She then stated, "I found my cat dead and threw it away." Officer Stosuy explained that Ms. Brooks reported seeing a man going into her apartment at approximately 2:00AM. Officer Stosuy asked her if she knew who might have gone into her apartment at 2:00AM. She stated, "If it was a blonde guy I could tell you." Upon asking her who the "blonde guy" was, she stated his name was Ryan and he lives "near downtown," but "doesn't know his last name or phone number." At this point Officer Stosuy asked Ms. Burton to call him if she had any further information.
On October 30, 2005 at approximately 17:45 hours, Ms. Brooks called to report that she discovered the body of the cat. Ms. Brooks reported that she overheard neighbors stating that the cat was under a garbage bag behind the apartment complex. Officer Stosuy arrived on scene soon afterward and impounded the cat's body. The body was lying under several garbage bags on the side of the complex at 6996 Soquel Drive. Officer Stosuy transported the body to Santa Cruz Veterinary Hospital for a necropsy, but due to the length of time the cat had been dead, the veterinarian could not determine a cause of death. Ms. Brooks placed these details in a written witness statement (Exhibit B).
While on scene at the complex on October 30, 2005 Officer Stosuy met with Mr. Rivas. He stated that at approx 2:30AM on October 28, 2005 he observed a male on the balcony grab a cat by the neck, hang the cat over the balcony as if to drop it on a ledge, but instead hit the cats face on the side of the balcony. Mr. Rivas then stated the suspect blew into the cats face and then punted it across the balcony. At this point Mr. Rivas stated the suspect noticed him watching him and he went back inside the apartment. Mr. Rivas stated that the suspect came out about ten minutes later with a garbage bag. Mr. Rivas placed these details in a written witness statement (Exhibit C).
During the next week Officer Stosuy placed several calls to Ms. Burton to discuss the "blonde guy," but she proved no more forthcoming with information.
On November 7, 2005 at approximately 12:30PM Officer Stosuy responded to the apartment of Ms. Burton to discuss the case. No one was home, but Officer Stosuy observed drug paraphernalia in plain view. Officer Stosuy contacted the Sheriff's Department to view my findings. Since no one was home, Officer Stosuy left a notice for Ms. Burton to call. The Sheriff's Department left the scene, and reportedly came back later in the evening to discuss the drug paraphernalia.
A few hours later Officer Stosuy received a phone call from Ms. Burton. She stated she had been kicked out of her apartment because the Sheriff's Department came to her house, and that she wanted to give him the name of the person who reportedly killed her cat. Ms. Burton stated that the suspect was her boyfriend, and that his name is Rashid Donkervoort. She stated he wanted to turn himself in, and gave him his cell phone number. Officer Stosuy called Donkervoort by phone, and he agreed to meet him in person later that evening.
Officer Stosuy met Donkervoort and his father at approximately 18:00 hours at Santa Cruz Veterinary Hospital, 2585 Soquel Avenue in Santa Cruz. Officer Stosuy read Donkervoort his Miranda Rights and had him sign a Warning and Waiver Form (Exhibit D). Officer Stosuy asked Donkervoort if he knew why Officer Stosuy needed to talk to him, and he stated, "Because I hit my girlfriends cat." Officer Stosuy asked him why he did this, and he stated, "Because I stepped in the cats feces twice in the middle of the night." Officer Stosuy then told him that a witness observed him dangling the cat over the ledge. He stated he did dangle the cat. Officer Stosuy then asked him if he banged the cats face on the balcony when he stopped dangling the cat, and he stated he did not. Officer Stosuy then told him a witness observed him kicking the cat across the balcony, and he stated, "He threw it across the balcony, but didn't kick it." Donkervoort continued to maintain his innocence in beating or killing the cat, but did admit that he had been on the porch with the cat when the witness placed him there.
On December 12, 2005 at approximately 12:00PM Officer Stosuy met with Mr. Rivas with a photo-lineup. Mr. Rivas signed a Photo Line-Up Witness Form (Exhibit E) and then correctly identified the suspect from the Photo Line-Up. References- Santa Cruz County Animal Services Authority Case # A05-018363
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