CONVICTED: Was justice served?
more information on voting
When you vote, you are voting on whether or not the punishment fit the crime, NOT on the severity of the case itself. If you feel the sentence was very weak, you would vote 1 star. If you feel the sentence was very strong, you would vote 5 stars.
Please vote honestly and realistically. These ratings will be used a a tool for many future programs, including a "Peoples Choice" of best and worst sentencing, DA and judge "report cards", and more. Try to resist the temptation to vote 1 star on every case, even if you feel that 100 years in prison isnt enough.
Case #1311 Rating: 2.8 out of 5
Woman's dogs beaten to death Fallbrook, CA (US)Incident Date: Friday, Dec 6, 2002 County: San Diego
Disposition: Convicted
Defendant/Suspect: Manuel Alvarado
Case Updates: 3 update(s) available
A Fallbrook man was arrested on suspicion of beating two dogs to death, a sheriff's sergeant said.
Manuel Alvarado, 48, was booked into Vista jail on two counts of felony animal cruelty after deputies responded to a home in the 3000 block of Red Mountain Heights Drive about 6 p.m. Friday, Sgt. Frank Adams said.
A deputy was sent to the home by the dogs' owner to investigate possible cruelty to her dogs, he said. When the deputy arrived, a neighbor confirmed hearing what sounded like the dogs being beaten and dogs crying and yelping in pain, Adams said.
Inside, the deputy found a bloodied chow vomiting in the bathtub and a disassembled toilet seat on the floor "and blood all over the place," Adams said.
Alvarado told the deputy the dog was in "time out," for doing something wrong but refused to elaborate, he said. When the deputy asked for the other dog, a Dalmatian, Alvarado told him that that dog had also been in "time out" and had run away, Adams said.
The deputy found the Dalmatian, dead and bloodied, outside and down a small embankment, he said.
The chow was taken to Alvarado Veterinary Hospital for treatment, but the dog died Monday morning, a veterinary secretary said.
Adams said it was unclear what Alvarado's relationship was to the dogs' owner, but he apparently had access to the home. The woman is cooperating in the investigation, he said.
Alvarado is being held on $50,000 bail.
Case UpdatesA state appeals court on Thursday, Jan 20, 2005 upheld a Alvarado's animal cruelty convictions and used his case to establish a binding, legal precedent.
Although all three judges on the appellate court panel that decided the case agreed that Alvarado's convictions should stand, the judges split 2-1 in deciding that animal cruelty is a general-intent crime instead of a specific-intent offense.
Acting Presiding Justice Gilbert Nares wrote for the court that the judge at Alvarado's trial was not required to instruct jurors that Alvarado had to have the specific intent to maim, mutilate, torture wound or kill an animal to be convicted.
The appeals court ordered its decision published, which means it can be cited as a legal precedent in other cases.
Alvarado, 48 at the time, was convicted Oct. 1, 2003, of charges that he killed Pyro, a 3-year-old Dalmatian, and Gizmo, a 7-month-old chow mix, on Dec. 6, 2002, after a night of drinking with his girlfriend's brother. Pyro was stabbed twice and Gizmo was stabbed three times then beaten to death in the girlfriend's studio apartment in Fallbrook.
Alvarado was sentenced to two years in state prison. | Source: North County Times - Jan 20, 2005 Update posted on Jan 22, 2005 - 1:22PM |
A judge declared a mistrial after a jury deadlocked - Attorneys for both sides will meet with Superior Court Judge Richard E. Mills on Monday (May 12) to try to resolve the case. After declaring a mistrial, Mills denied defense motions to drop the charges and to release the defendant without requiring him to post bail.
Read More: NBC San Diego | Update posted on May 15, 2003 - 7:07AM |
Both Duarte and Ballew are scheduled to testify Tuesday | Update posted on May 6, 2003 - 6:47PM |
References |